20060526final_order_no_30051.pdf

Office of the Secretary
Service Date
May 26, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL
OF THE ADOPTION OF THE TIME WARNER
TELECOM OF IDAHO INTERCONNECTION
AGREEMENT (APPROVED BY THE
COMMISSION ON AUGUST 2, 2004 (ORDER
NO. 29559) IN DOCKET NO. QWE- T -04-20) FOR THE STATE OF IDAHO
PURSUANT TO 47 U.C ~ 252(e)
CASE NO. QWE-06-
ORDER NO. 30051
In this case, the Idaho Public Utilities Commission (Commission) is asked to approve
the adoption of an existing and previously approved Interconnection Agreement. With this
Order the Commission approves the adoption of the Agreement.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 U.C. ~
252(e)(l). The Commission may reject an agreement adopted by negotiations only if it finds that
the agreement: (1) discriminates against a telecommunications carrier not a party to the
agreement; or (2) implementation of the agreement is not consistent with the public interest
convenience and necessity. 47 U.C. ~ 252(e)(2)(A). As the Commission noted in Order No.
28427, companies voluntarily entering into interconnection agreements "may negotiate terms
prices and conditions that do not comply with either the FCC rules or with the provision of
Section 251(b) or (c)." Order No. 28427 at 11 (emphasis in original). This comports with the
FCC's statement that "a state commission shall have authority to approve an interconnection
agreement adopted by negotiation even if the terms of the agreement do not comply with the
requirements of (Part 51)." 47 C.R. ~ 51.3.
THE CURRENT APPLICATION
In this Application, Case No. QWE-06-, Pacific Centrex Services, Inc. - PCS1
PCS 1") seeks Commission approval to adopt the Interconnection Agreement entered into
between Qwest Corporation ("Qwest") and Time Warner Telecom of Idaho. The Agreement
between Time Warner Telecom of Idaho and Qwest was approved by this Commission on
August 2 2004, in Case No. QWE-04-20. See Order No. 29559. PCS1 and Qwest also agree
ORDER NO. 30051
that the Interconnection Agreement will be adopted in its entirety with all terms and associated
amendments, if applicable, approved by this Commission since August 2, 2004.
ST AFF RECOMMENDATION
Staff has reviewed the Application and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
Application is consistent with the recent orders by the Federal Communications Commission and
the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act of 1996. Accordingly, Staff recommended Commission approval of
the adoption of the Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.C. ~ 252(e)(l). The Commission s review is
limited. The Commission may reject an agreement adopted by negotiation only if it finds that
the agreement discriminates against a telecommunications carrier not a party to the agreement or
implementation of the agreement is not consistent with the public interest, convenience and
necessity. Id. Based upon our review of the Application and the Staffs recommendation, the
Commission finds that the Agreement is consistent with the public interest, convenience and
necessity and does not discriminate. Therefore, the Commission finds that the Application
should be approved. However, approval of this Application does not negate the responsibility of
either of the parties to the Agreement to obtain a Certificate of Public Convenience and
Necessity if they are offering local exchange services or to comply with Idaho Code 99 62-604
and 62-606 if they are providing other non-basic local telecommunications services as defined by
Idaho Code ~ 62-603.
ORDER
IT IS HEREBY ORDERED that the adoption of the Interconnection Agreement of
Qwest Corporation and Time Warner Telecom of Idaho by Pacific Centrex Services, Inc. -
PCS1 , Case No. QWE-06-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
ORDER NO. 30051
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this U-r"-
day of May 2006.
ARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSEN, OMMISSIONER
ATTEST:
O:QWE-O6-
ORDER NO. 30051