20080916final_order_no_30640.pdf

Office ofthe Secretary
Service Date
September 16, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT WITH CLERTECH.COM,
INCORPORATED PURSUANT TO 47 U.
~ 252(e)
CASE NO. QWE-08-
ORDER NO. 30640
In this case the Commission is asked to approve an Interconnection Agreement
between Qwest Corporation and Clertech.com, Incorporated. 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 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 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 25l(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.F .R. ~ 51.
THE APPLICATION
On August 15, 2008, Qwest submitted an Application for approval of its
Interconnection Agreement with Clertech.com. The Application lists certain rates, terms and
conditions governing Clertech.com s access to Qwest's Unbundled Network Elements (UNEs)
and ancillary services, as well as the resale of local telecommunications services.The
Application also includes exhibits outlining Service Performance Indicators (PIDs); Special
Request Processes; Individual Case Basis pricing requirements and Performance Assurance Plan
ORDER NO. 30640
(PAP). Finally, Qwest asserts that the parties' agreement was jointly entered into 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
Agreement is 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 Agreement.
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)(l). 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 Staff s recommendation, the
Commission finds that the 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 Agreement does not negate the responsibility of either party to
this Agreement 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 Interconnection Agreement between Qwest
Corporation and Clertech.com, Incorporated, Case No. QWE- T -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. 30640
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
/ /;
rf..
day of September 2008.
,.----
~ -L
MACK A. REDFORD, P
MARSHA H. SMITH, COMMISSIONER
~;/ ~~
EMPTO , CO ISSIONER
ATTEST:
~ ~~111r ~Cfu~i~slOn Secretary
O:QWE-08-
ORDER NO. 30640