20090512final_order_no_30803.pdf

Office of the Secretary
Service Date
May 12 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-08-
APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT WITH EL TOPIA
COMMUNICATIONS, LLC PURSUANT TO
47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND CASE NO. QWE-06-
MCIMETRO ACCESS TRANSMISSION
SERVICES, INC. FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING ORDER NO. 30803
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
In these cases the Commission is asked to approve amendments to existing and
previously approved interconnection agreements. With this Order the Commission approves the
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.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.
ORDER NO. 30803
THE APPLICATIONS
1. Qwest Corporation and Eltopia Communications, Inc., Case No. QWE-08-
On April 29, 2009, Qwest submitted an Application seeking approval of an amendment to its
Interconnection Agreement with Eltopia which was previously approved by the Commission on
July 3 , 2008.See Order No. 30589.The proposed amendment revises the Reciprocal
Compensation Rate Election for FCC ~ 251(b)(5) Traffic between the parties from State Ordered
Rates to FCC ISP Ordered Rates ($.0007 per minute). The Application states that the parties
mutual agreement to the amendment was reached through voluntary negotiations.
2. Qwest Corporation and MCImetro Access Transmission Services, LLC, Case No.
QWE-06-. On April 22, 2009, Qwest filed an Application seeking to amend its
Interconnection Agreement with MCImetro which was previously approved by the Commission
on February 1 , 2007. See Order No. 30234. The proposed amendment seeks to incorporate
certain terms, conditions and rates for DC Power Measurement. The Application states that the
parties' mutual agreement to the proposed amendment was reached through voluntary
negotiations.
STAFF RECOMMENDATION
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 the proposed
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 amendments to Interconnection Agreements.
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 Applications and the Staff s recommendation, the
Commission finds that the amendments to the Interconnection Agreements described herein are
consistent with the public interest, convenience and necessity and do not discriminate.
ORDER NO. 30803
Therefore, the Commission finds that the amendments should be approved. Approval of these
amendments 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 ~~ 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 Amendment to the Interconnection Agreement
between Qwest Corporation and Eltopia Communications, Inc., Case No. QWE-08-, is
approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and MCImetro Access Transmission Services, LLC, Case No.
QWE- T -06-, 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. 30803
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
f-h
day of May 2009.
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. KEMPTO , PRE IDENT
J &:J.-
MARSHA H. SMITH, COMMISSIONER
MACK REDFORD MMISSIONER
ATTEST:
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C mmlSSlOn Secretary
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ORDER NO. 30803