20080703final_order_no_30589.pdf

Office of the Secretary
Service Date
July 3 , 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF VERIZON NORTHWEST, INc. FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT WITH BULLSEYE
TELECOM, INc. PURSUANT TO 47 U.c. ~
252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
aardisSERVICES PURSUANT TO 47 U.c. ~
252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
BULLSEYE TELECOM, INc. PURSUANT
TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT WITH XO
COMMUNICATIONS, INc. PURSUANT TO
47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT WITH EL TOPIA
COMMUNICATIONS, LLC PURSUANT TO
47 U.c. ~ 252(e)
) CASE NO. VZN-08-
CASE NO. QWE-04-
) CASE NO. QWE-04-
CASE NO. QWE-08-
) CASE NO. QWE-08-
) ORDER NO. 30589
In these cases the Commission is asked to approve Interconnection Agreements, as
well as amendments to existing and previously approved Interconnection Agreements. With this
Order, the Commission herein approves the new Agreements and the Amendments to the
existing Agreements.
ORDER NO. 30589
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. ~ 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
of the agreement do not comply with the requirements of (Part 51)." 47 C.R. ~ 51.3.
THE CURRENT APPLICATIONS
1. Verizon Northwest, Inc. and Bullseve Telecom, Inc. (Case No. VZN-08-02). In
this Application, the parties seek the Commission s approval of their Agreement to interconnect
their facilities for the purpose of providing customers with increased choices among local
telecommunications services.
2. Qwest Corporation and aardisSERVICES (Case No. QWE-04-05). In this Joint
Application, the parties seek the Commission s approval of amendments incorporating the
Triennial Review Order ("TRO") and the Triennial Review Remand Order ("TRRO") into the
parties' Interconnection Agreement. The amendments delete certain Unbundled Network
Elements ("UNEs ) and change terms and conditions for certain UNEs. See Joint Application
Attachments 1-2. The parties' existing Interconnection Agreement was approved by the
Commission on March 31 , 2004.
3. Qwest Corporation and Bullseye Telecom, Inc. (Case No. QWE-04-30). In this
Application, the parties seek the Commission s approval of amendments pertaining to the UNE
provisions included in their original Agreement along with changes to those rates, terms and
conditions that relate to the negotiated UNE agreements. Other alterations include collocation
terms and conditions as well as replacing definitions in the appropriate section of the Agreement.
ORDER NO. 30589
All negotiated rates are included as Exhibit A of the filing. The parties' existing Agreement was
approved by the Commission on November 23 2004.
4. Qwest Corporation and XO Communications Services, Inc. (Case No. QWE-
08-05). In this Application, the parties seek the Commission s approval of an Interconnection
Agreement that includes terms and conditions for interconnection, pricing, ancillary services and
resale telecommunications services.
5. Qwest Corporation and Eltopia Communications, LLC (Case No. QWE-08-06).
In this Application, the parties seek the Commission s approval of an Interconnection Agreement
that includes terms and conditions for interconnection, pricing, ancillary services and resale
telecommunications services.
STAFF RECOMMENDATION
The Staff has reviewed the Applications and does not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that these
Agreements and Amendments 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 Agreements and Amendments.
COMMISSION FINDINGS
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. !d.
Based upon our review of the Applications and the Staff s recommendation, the
Commission finds that the Agreements are consistent with the public interest, convenience and
necessity and do not discriminate. Therefore, the Commission finds that the Agreements should
be approved. Approval of these Agreements does not negate the responsibility of either of the
parties 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 ~~ 62-604 and 62-606 if they
are providing other non-basic local telecommunications services as defined by Idaho Code ~ 62-
603.
ORDER NO. 30589
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between Verizon
Northwest Inc. and Bullseye Telecom, Inc., Case No. VZN-08-, is approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation and aardisSERVICES , Case No. QWE-04-05, are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation and Bullseye Telecom, Inc., Case No. QWE-04-, are approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation and XO Communications, Inc., Case No. QWE-08-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation and Eltopia Communications, LLC, Case No. QWE-08-, 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. 30589
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ~ A.
day of July 2008.
~~?
MACK , PRESIDENT
LJ~
1\RSHA H. SMITH, COMMISSIONER
ATTEST:
rLjD. Jewel
C mmlSSIOn Secretary
O:VZN- T-08-09 - QWE- T -04-05 - QWE- T -04-- QWE- T -08-05 - QWE- T-08-- np
ORDER NO. 30589