HomeMy WebLinkAbout20071106Final_Order_No_30459.pdfOffice of the Secretary
Service Date
November 6, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST
CORPORATION'S APPLICATION FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT WITH NOS
COMMUNICATIONS, INc. PURSUANT TO
47 U.C. ~ 252(e)
CASE NO. QWE-07-
ORDER NO. 30459
In this case the Commission is asked to approve an Interconnection Agreement
between Qwest Corporation ("Qwest") and NOS Communications, Inc. ("NOS"). With this
Order, the Commission approves 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 US.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.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
ofthe agreement do not comply with the requirements of (Part 51)." 47 C.R. ~ 51.3.
THE CURRENT APPLICATION
On October 10, 2007, Qwest submitted an Application for approval of its
Interconnection Agreement with NOS. In the Application, the parties seek the Commission
approval of a negotiated agreement allowing NOS to utilize Qwest's facilities and ancillary
services pertaining to NOS's resale of telecommunications services in Idaho. The Application
also states that the parties reached their agreement through voluntary negotiations and without
mediation or arbitration.
ORDER NO. 30459
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
Agreement is consistent with the pro-competitive policies of this Commission, Title 62 of the
Idaho Code, and the federal Telecommunications Act. Accordingly, Staff recommended 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)(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 implementation of the agreement is
not consistent with the public interest, convenience and necessity. Id.
Based upon our review of the Application and the Staffs recommendation, the
Commission finds that the proposed Interconnection 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 NOS Communications, Inc. 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. 30459
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this v/~
day of November 2007.
MACK A. REDFORD, PRESIDENT
D~ l(&~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Commission Secretary
O:QWE-07-
ORDER NO. 30459