Loading...
HomeMy WebLinkAbout20121024final_order_no_32670.pdfOffice of the Secretary Service Date October 24,2012 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) OF CITIZENS TELECOMMUNICATIONS )CASE NO.CTC-T-98-O1 COMPANY OF IDAHO FOR APPROVAL OF ) AMENDMENTS TO ITS ) INTERCONNECTION AGREEMENT WITH ) AT&T WIRELESS SERVICES INC.,) PURSUANT TO 47 U.S.C.§252(e)) __________________________________________________________________________________ ) IN THE MATTER OF THE APPLICATION ) OF QWEST CORPORATION DBA )CASE NO.QWE-T-05-24 CENTURYLINK QC FOR APPROVAL OF ) AMENDMENTS TO ITS ) INTERCONNECTION AGREEMENT WITH )RED-BAN COMMUNICATIONS,LLC DBA )NEXTPHONE,PURSUANT TO 47 U.S.C.§)252(e)) __________________________________________________________________________________ ) IN THE MATTER OF THE APPLICATION ) OF QWEST CORPORATION DBA )CASE NO.QWE-T-06-26 CENTURYLINK QC FOR APPROVAL OF ) AMENDMENTS TO ITS ) INTERCONNECTION AGREEMENT WITH ) COEUR D’ALENE ANSWERING SERVICE,) INC.DBA PASS WORD,PURSUANT TO 47 ) U.S.C.§252(e)) _________________________________________________________________________________________ ) IN THE MATTER OF THE APPLICATION )OF QWEST CORPORATION DBA )CASE NO.QWE-T-OO-07 CENTURYLINK QC FOR APPROVAL OF ) AMENDMENTS TO ITS ) INTERCONNECTION AGREEMENT WITH ) MCLEODUSA TELECOMMUNICATIONS )ORDER NO.32670 SERVICES,LLC,PURSUANT TO 47 U.S.C.§)252(e).) _____________________________________________________________________________ ) ORDER NO.32670 1 IN THE MATTER OF THE APPLICATION ) OF FRONTIER COMMUNICATIONS )CASE NO.GTE-T-OO-02 NORTHWEST INC.FKA VERIZON ) NORTHWEST INC AND GTE NORTHWEST ) INC.FOR APPROVAL OF AMENDMENTS ) TO ITS INTERCONNECTION AGREEMENT ) WITH T-MOBILE WEST CORPORATION )FKA VOICESTREAM WIRELESS,) PURSUANT TO 47 U.S.C.§252(e).) __________________________________________________________________________________ ) IN THE MATTER OF THE APPLICATION ) OF FRONTIER COMMUNICATIONS )CASE NO.VZN-T-06-Ol NORTHWEST INC.FKA VERIZON ) NORTHWEST INC.FOR APPROVAL OF ) AMENDMENTS TO ITS ) INTERCONNECTION AGREEMENT WITH ) FRANCE TELECOM CORPORATE ) SOLUTIONS,LLC,PURSUANT TO 47 U.S.C.) §252(e).) _________________________________________________________________________________________ ) IN THE MATTER OF THE APPLICATION ) OF QWEST CORPORATION DBA )CASE NO.QWE-T-11-06 CENTURYLINK QC FOR APPROVAL OF ) AMENDMENTS TO ITS ) INTERCONNECTION AGREEMENT WITH ) BROADVOX-CLEC LLC,PURSUANT TO 47 ) U.S.C.§252(e).) ___________________________________________________________________________________ ) In these cases the Commission is asked to approve Amendments to the Interconnection Agreements.With this Order,the Commission approves the Amendments to the Interconnection Agreements. 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.S.C.§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.S.C.§252(e)(2)(A).As the Commission noted in Order No.28427,companies voluntarily entering into interconnection agreements “may ORDERNO.32670 2 negotiate terms,prices and conditions that do not comply with either the FCC rules or with the provision of Section 25 1(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.F.R.§51.3. THE APPLICATIONS 1.Citizens Telecommunications Company of Idaho and AT&T Wireless Services Inc.,Case No.CTC-T-98-01.On October 9,2012,CTC submitted an Application seeking approval of amendments to its Interconnection Agreement with AT&T.The parties’original Agreement was approved by the Commission on March 13,1998.See Order No.27413.The Application states that the parties’Agreement is being amended to comport with the recent FCC USF/ICC Transformation Order,FCC 11-161. 2.Owest Corporation dba CenturyLink QC and Red-Ban Communications,LLC dba NextPhone,Case No.QWE-T-05-24.On October 9,2012,CenturyLink submitted an Application seeking approval of amendments to its Interconnection Agreement with NextPhone. The Parties’original agreement was approved by the Commission on January 6,2006.See Order No.29946.The Application sets out rates,terms and conditions for the exchange of VoIP traffic between CenturyLink and NextPhone per the FCC in Docket No.01-92,In the Matter of Developing a UnUied Intercarrier Compensation Regime. 3.Owest Corporation dba CenturyLink QC and Coeur d’Alene Answering Service Inc.dba Pass Word,Case No.QWE-T-06-26.On September 28,2012,CenturyLirik submitted an Application seeking the Commission’s approval of its Interconnection Agreement with Pass Word,approved by the Commission on December 27,2006.See Order No.30208.The Application states that the amendment is in compliance with the recent FCC Order,FCC Docket No.0 1-92,setting out obligations with respect to the exchange of traffic between Paging Providers Local Exchange Carriers as set forth in Attachment 1 of the Agreement. 4.Qwest Corporation dba CenturyLink QC and McLeodUSA Telecommunications Services,LLC,Case No.QWE-T-00-07.On September 12,2012,CenturyLink submitted an Application seeking the Commission’s approval of the parties’Interconnection Agreement with McLeodUSA,approved by the Commission on November 13,2000.See Order No.28565.The ORDER NO.32670 3 parties request that the Commission approve the Termination of the Wholesale Service Order Charge Amendment to their interconnection Agreement. 5.Frontier Communications Northwest Inc.fka Verizon Northwest Inc.and GTE Northwest Inc.and T-Mobile West Corporation ika VoiceStream Wireless,Case No.GTE-T-00- 02.On September 10,2012,Frontier submitted an Application for approval to amend its Interconnection Agreement with T-Mobile,approved by the Commission on January 5,2000.In this Application,the parties request that the Commission approve the terms and conditions for reciprocal compensation in compliance with the US’F/ICC Transformation Order FCC 11-161 (“rd.December 23,2011). 6.Frontier Communications Northwest Inc.Ika Verizon Northwest Inc.and GTE Northwest Inc.and France Telecom Corporate Solutions,LLC,Case No.VZN-T-06-0l.On September 10,2012,Frontier submitted an Application for approval to amend its Interconnection Agreement with France Telecom,approved by the Commission on February 9,2006.See Order No.29971.In this Application,the parties request that the Commission approve the terms and conditions for reciprocal compensation pursuant to the USF/ICC Tranformaiion Order FCC 1]- 161 (rd.November 19,201]). 7.Qwest Corporation dba CenturvLink QC and Broadvox-CLEC LLC,Case No. OWE-Li 1-06.On September 28,2012,CenturyLink submitted an Application for approval to amend its Interconnection Agreement with Broadvox,approved by the Commission on June 28, 2011.See Order No.32276.In this Application,the parties request that the Commission approve the terms and conditions,outlined in Attachment 1,for intercarrier compensation for the exchange of VoIP-PSTN traffic pursuant to the FCC Docket No.01-92,In the Matter of Developing a UnUied Jntercarrier Compensation Regime,and effective December 29,2011. STAFF RECOMMENDATION Staff reviewed the foregoing Applications and did not find any terms or conditions that it considers to be discriminatory or contrary to the public interest.Staff believes that the amendments to the Interconnection Agreements are 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 foregoing amendments to Interconnection Agreements. ORDER NO.32670 4 COMMISSION FINDINGS Under the terms of the Telecommunications Act,interconnection agreements, including amendments thereto,must be submitted to the Commission for approval.47 U.S.C.§ 252(e)().However,the Commission’s review is limited.The Commission may reject an agreement adopted by negotiation Q!iJ 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 recommendations,the Commission finds that the amendments to the Interconnection Agreements are consistent with the public interest,convenience and necessity and do not discriminate.Therefore,the Commission finds that the amendments to the Agreements,reviewed by Staff and more fully described above,should be approved.Approval of the Agreements does not negate the responsibility of either party 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 §sS 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 amendments to the Interconnection Agreement between Citizens Telecommunications Company of Idaho and AT&T Wireless Services Inc., Case No.CTC-T-98-01,are approved. IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Red-Ban Communications,LLC dba NextPhone,Case No.QWE-T-05-24,are approved. IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Coeur d’Alene Answering Service Inc., dba Pass Word,Case No.QWE-T-06-26,are approved. IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and McLeodUSA Telecommunications Services,LLC,Case No.QWE-T-00-07,are approved. IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement between Frontier Communications Northwest Inc.fka Verizon Northwest Inc.and GTE ORDER NO.32670 5 Northwest Inc.and France Telecom Corporate Solutions,LLC,Case No.VZN-T-06-0l,are approved. IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Broadvox-CLEC LLC,Case No.QWE-T 11-06,are approved. 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 §§61- 626 and 62-619. DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of October 2012. /—z g(d// i PAUTZ KJELLAN4EE,PRESIDENT MACK A.REDFORD,CMMISSIONER MARSHA H.SMITH,COMMISSIONER ATTEST: 7iiJ J’án D.JewelI’/ Commission Secretary O:CTC-T-98-O I_QWE-T-05-24_QWE-T-06-26_QWE-T-OO-07 GTE-T-OO-02 VZN-T-06-O I_QWE-T-11 -O6np ORDER NO.32670 6