20060926final_order_no_30132.pdf

Office ofthe Secretary
Service Date
September 26, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND CLARK CASE NO. QWE-06-
COMMUNICATIONS, INc. FOR APPROVAL
OF A WIRELESS INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e).
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND CLARK CASE NO. QWE-06-
COMMUNICATIONS, INC. FOR APPROVAL
OF A PAGING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND MY CHOICE CASE NO. QWE-06-
COMMUNICATIONS, INC. FOR APPROVAL
OF AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)ORDER NO. 30132
In these cases, the Commission is asked to approve newly negotiated Interconnection
Agreements. With this Order the Commission approves the Agreements.
BACKGROUND
Dnder the provlSlons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 D.C. ~
252( e)(1). The Commission may reject an agreement adopted by negotiations only if it finds that
the agreement: (I) 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 D.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.
ORDER NO. 30132
THE CURRENT APPLICATIONS
1. Qwest Corporation and Clark Communications, Inc. (Case No. QWE-06-19)
Qwest initially filed its Application for approval of this Type 2 Wireless Interconnection
Agreement on August 30, 2006. After review, Staff and Qwest worked to correct the filing so
that the cover letter, Agreement and Application all reflected the services that Clark was
providing. On September 7, 2006, Qwest submitted the revised information with the agreed-
upon changes. Qwest states that the revised Agreement was jointly entered into between Qwest
and Clark and provides for both companies to interconnect their facilities thereby providing
customers with increased choices among local telecommunications services.
2. Qwest Corporation and Clark Communications, Inc. (Case No. QWE-06-20)
Qwest initially filed its Application for approval of this Type 1 and Type 2 Paging Agreement on
August 30, 2006. After review, Staff and Qwest worked to correct the filing so that it would
comport with paging services and not reflect the standard interconnection agreements that the
Company most-often files. On September 7, 2006, Qwest resubmitted the revised Application
with the agreed upon changes. Qwest states that the revised Agreement was jointly entered into
between Qwest and Clark and provides for both companies to interconnect their facilities for the
purpose of delivering land to pager traffic.
3. Qwest Corporation and My Choice Communications, Inc. (Case No. QWE-06-
ill. On September 21 , 2006, Qwest submitted an Application for an interconnection agreement
with My Choice Communications, Inc. In this Application, the parties request that the
Commission approve an agreement that includes terms and conditions for interconnection
unbundled network elements, ancillary services, and resale of telecommunications services.
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 Agreements.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. ~ 252(e)(1). The Commission s review is
ORDER NO. 30132
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 Agreements should
be approved. However, approval of these Agreements 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
IT IS HEREBY ORDERED that the Type 2 Wireless Interconnection Agreement of
Qwest Corporation and Clark Communications, Inc., Case No. QWE-06-, is approved.
IT IS FURTHER ORDERED that the amended Paging Connection Agreement of
Qwest Corporation and Clark Communications, Inc., Case No. QWE- T -06-, is approved.
IT IS FURTHER ORDERED that the Resale Agreement of Qwest Corporation and
My Choice Communications, Inc., 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.
ORDER NO. 30132
-J-i
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this J2b
day of September 2006.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:QWE- T-O6-19 _QWE-O6-- QWE-O6-
ORDER NO. 30132