20060608final_order_no_30069.pdf

Office of the Secretary
Service Date
June 8, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND CASE NO. QWE-06-
NORTHWEST INFO NET, 1Ne. DBA
NWINFO NET FOR APPRO V AL OF
INTERCONNECTION AGREEMENT AND
AMENDMENT PURSUANT TO 47 U.e. ~
252( e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND VALLEY CASE NO. QWE-06-
COMMUNICATIONS OF MOSES LAKE
DBA TELEW AVES FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e)ORDER NO. 30069
In these cases, the Commission is asked to approve two newly negotiated
Interconnection Agreements. With this Order the Commission approves the Agreements.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 US.C. ~
252(e)(I). 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 APPLICATIONS
1. Owest Corporation and Northwest Info Net, Inc. dba NWInfo Net (Case No.
OWE-06-12). In this Application, the parties request that the Commission approve an
ORDER NO. 30069
agreement that includes terms and conditions for interconnection, unbundled network elements
ancillary services, and resale of telecommunications services, and a Border Town Amendment to
serve end user customers who physically reside in one state, but use products provided from a
central office located in another state.
2. Qwest Corporation and Valley Communications of Moses Lake dba Tele-waves
(Case. No. QWE-06-13). In this case, the parties request that the Commission approve an
agreement for Type 1 (one-way final trunk group) and Type 2 (one-way intraLA T A/interstate
final route trunk group) Paging Connection Service Agreement, which will deliver calls from
Qwest's end users to the paging provider s point of connections (POC).
STAFF RECOMMENDATION
Staff has reviewed the Applications and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
Applications are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommended
Commission approval of the amendments to the Agreements.
CO MMISSI ON D ECISI
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.C. ~ 252(e)(1). 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 Applications and the Staffs recommendation, the
Commission finds that the Agreements are consistent with the public interest, convenience and
necessity and do not discriminate. Therefore, the Commission finds that the Applications should
be approved. However, approval of these Applications does not negate the responsibility of
either of the parties to these Agreements to obtain a Certificate of Public Convenience and
Necessity if they are offering local exchange services or to comply with Idaho Code ~~ 62-604
and 62-606 if they are providing other non-basic local telecommunications services as defined by
Idaho Code ~ 62-603.
ORDER NO. 30069
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement and amendment of
Qwest Corporation and Northwest Info Net, Inc. dba NWInfo Net, Case No. QWE-06-, is
approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of Qwest
Corporation and Valley Communications of Moses Lake dba Tele-waves , 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
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
day of June 2006.
, PRESIDENT
J ~-
MARSHA H. SMITH, COMMISSIONER
ATTEST:
well
Co mission Secretary
O:QWE- T -06-- QWE-T -06-13 _
ORDER NO. 30069