HomeMy WebLinkAbout20070809final_order_no_30400.pdfOffice of the Secretary
Service Date
August 9, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT WITH AMERICAN FIBER
NETWORK, INC. PURSUANT TO 47 U.c. ~
252( e)
CASE NO. QWE-07-
ORDER NO. 30400
In this case the Commission is asked to approve a new Interconnection Agreement.
With this Order, the Commission approves the new interconnection agreement.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements, including amendments thereto, 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
(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.
THE CURRENT APPLICATIONS
1. Owest Corporation and American Fiber Network, Inc. (Case No. OWE-07-05)
In this Application, the parties request the Commission s approval to adopt the interconnection
agreement between Qwest Corporation and 360networks USA, Inc., approved by the
Commission on March 7, 2006 in Case No. QWE- T -06-02. See Order No. 29986. Qwest asserts
that the agreement to adopt the aforementioned interconnection agreement was reached through
voluntary negotiations and that said agreement will "provide customers with increased choices
among local telecommunications services." Application at
ORDER NO. 30400
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 this
Agreement is consistent with the pro-competitive policies of this Commission, Title 62 of the
Idaho Code, and the federal Telecommunications Act. Accordingly, Staff recommends that the
Commission approve the Interconnection Agreement.
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. ~
252(e)(I). 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 implementation of the agreement is
not consistent with the public interest, convenience and necessity. Id.
Based upon our review of the Application and the Staff s recommendation, the
Commission finds that the Qwest and American Fiber Agreement is consistent with the public
interest, convenience and necessity and does not discriminate. Therefore, the Commission finds
that the Agreement should be approved. Approval of this Application does not negate the
responsibility of either of the parties to this Agreement to obtain a Certificate of Public
Convenience and Necessity, pursuant to Commission Order No. 26665 , 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 interconnection agreement between Qwest
Corporation and American Fiber Network, Inc., Case No. QWE- T-07-, is 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.
ORDER NO. 30400
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
q-f"A.
day of August 2007.
J6kL
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~ftelommlSSlOn Secretary
O:QWE-07-
ORDER NO. 30400