20100511final_order_no_31079.pdf

Office of the Secretary
Service Date
May 11 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE- T -04-
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES, INc. PURSUANT TO
47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-08-
APPROVAL OFAN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
EL TO PIA COMMUNI CA TI 0 NS, LLC ORDER NO. 31079
PURSUANT TO 47 U.C. ~ 252(e)
In these cases the Commission is asked to approve amendments to previously
approved Interconnection Agreements.
Agreements.
With this Order, the Commission approves these
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, convenie1;lce and necessity. 47 US.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 a~eement 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. 31079
THE APPLICATION
1. Qwest Corporation and AT&T Communications of the Mountain States, Inc.,
Case No. QWE-04-. On April 2, 2010, Qwest submitted an Application to amend its
Interconnection Agreement with AT&T. The parties' initial Agreement was approved by the
Commission on June 22, 2004. See Order No. 29530. In this Application, the parties request
that the Commission approve an amendment to incorporate certain language pertaining to
Collocation Miscellaneous Labor Charges and Rates as set forth in Attachment 1 (description)
and Exhibit A (rates) of Qwest's Application.
2. Qwest Corporation and Eltopia Communications, LLC, Case No. QWE-08-
On April 23 , 2010, Qwest and Eltopia filed an amendment to their Interconnection Agreement.
Their original Agreement was approved by the Commission on July 2, 2008. See Order No.
30589. The amendment was reached through voluntary negotiations. The amendment adds
terms and conditions for Single Point of Presence ("SPOP") I in the LATA, as set forth in
Attachments 1 and 2 of Qwest's Application. The amendment also contains language pertaining
to the CLEC's payment of "Services with funds obtained through the American Recovery and
Reinvestment Act or other similar stimulus grants or loans. . . .
STAFF RECOMMENDATION
Staff reviewed the parties' 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
amendments to the Agreements 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 amendments to the 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 US.C. ~
252(e)(1). However, the Commission s review is limited. The Commission may reject an
agreement adopted by negotiation only if it finds that the agreement discriminates against a
I spap in the LATA is a Local Interconnection Service (LIS) interconnection trunking option that allows the CLEC
to establish one physical point of presence in the LATA in Qwest's territory. Qwest and the CLEC may then
exchange traffic at the CLEC's spap.
ORDER NO. 31079
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 amendments to the Agreements are consistent with the public interest
convenience and necessity and do not discriminate. Therefore, the Commission finds that the
amendments should be approved. Approval of the 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 AT&T Communications of the Mountain States, Inc., Case No.
QWE-04-, is approved.
IT IS FURTHER ORDERED that the Amendment to 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. 31079
+-I\
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of May 2010.
JJ JI . KEMPT , PRE IDENT
MARSHA H. SMITH , COMMISSIONER
ATTEST:
~lJ ~.a
D. Jewell
Commission Secretary
O:QWE- T-O4-09 - QWE-T -08-
ORDER NO. 31079