20081007final_order_no_30652.pdf

Office of the Secretary
Service Date
October 7 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND MCIMETRO
ACCESS TRANSMISSION SERVICES, INc.
FOR APPROV AL OF AN AMENDMENT TO
AN EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~
252( e)
CASE NO. QWE- T -06-
ORDER NO. 30652
In this case the Commission is asked to approve an Amendment to a previously
approved Interconnection Agreement between Qwest Corporation and MClmetro Access
Transmission Services LLC. With this Order, the Commission approves the Amendment to the
Interconnection Agreement.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
47 U.C. 9 252(e)(1). 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. 9 252(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. 9 51.3.
THE APPLICATION
On September 17, 2008, Qwest submitted an Application for approval of an
amendment to its Interconnection Agreement with MClmetro. The Interconnection Agreement
was initially approved by the Commission on February 1 , 2007. See Order No. 30234.
MClmetro provides toll-free transit service ("Toll Free 8YY Transit Service). The parties now
request that the Commission approve an amendment to their Interconnection Agreement that
ORDER NO. 30652
seeks to incorporate certain terms and conditions related to Originated Toll Free Service JPSA
Jointly Provided Switched Access ) traffic. Part of the additional terms and conditions will
permit 8XX Third Party Carriers to route unqueried originated Toll Free Service JPSA traffic to
the competitive local exchange carrier ("CLEC") for the 8XX database dip, and to route the
queried traffic to IXCs served by Qwest as JPSA traffic via CLEC's LIS trunks. Qwest asserts
that the agreement was reached through voluntary negotiations.
STAFF RECOMMENDATION
The 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
amendment is consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommended that the
Commission approve the amendment.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.C. 9
252(e)(1). The Commission s review is limited, however. 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 that implementation of the agreement
is not consistent with the public interest, convenience and necessity. !d.
Based upon our review of the Application and the Staff s recommendation, the
Commission finds that the amendment is consistent with the public interest, convenience and
necessity and does not discriminate. Therefore, the Commission finds that the amendment
should be approved. Approval of this amendment does not negate the responsibility of either
party to this 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 9 62-603.
ORDER
IT IS HEREBY ORDERED that the amendment to the Interconnection Agreement
between Qwest Corporation and MClmetro Access Transmission Services LLC, Case No. QWE-
06-, is approved.
ORDER NO. 30652
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9961-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of October 2008.
J~~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~I~Je D. Jewell
C mmlSSlOn Secretary
0: QWE-06-
ORDER NO. 30652