20080502final_order_no_30544.pdf

Office of the Secretary
Service Date
May 2, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH ACCESS POINT, INe.
PURSUANT TO 47 U.e. ~ 252(e)
CASE NO. QWE-08-
ORDER NO. 30544
In this case, the Commission is asked to approve an Interconnection Agreement
between Qwest Corporation and Access Point, Inc. With this Order, the Commission approves
their Interconnection Agreement.
BACKGROUND
Under the provisions ofthe 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 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.
THE CURRENT APPLI CA TI 0
On April 24, 2008, Qwest submitted an Application for approval of its
Interconnection Agreement with Access. In its Application, Qwest solicited the Commission
approval of an agreement that includes terms and conditions under which Qwest will allow
Access to interconnect with its network, utilize Qwest's unbundled network elements, provide
ancillary services to Access and permit Access to provide telecommunications services available
for resale within certain geographic areas of Idaho where Qwest is currently offering local
ORDER NO. 30544
exchange services as an incumbent local exchange carrier. Finally, Qwest asserts that the
parties ' mutual 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
proposed Interconnection 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 Qwest's Application for Approval of its
Interconnection Agreement with Access.
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 Qwest and Access' 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 these Agreements to obtain a Title 62
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 Access Point, 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
ORDER NO. 30544
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 J sf
day of May 2008.
~Jl,-
MARSHA H. SMITH, COMMISSIONER
i~R
ATTEST:
f)-Je D. Jewell
Co mission Secretary
O:QWE-O8-
ORDER NO. 30544