20081203final_order_no_30696.pdf

Office of the Secretary
Service Date
December 3, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL CASE NO. QWE-08-
OF AN AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT WITH
XO COMMUNICATIONS SERVICES , INC.
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL CASE NO. QWE-08-
OF AN INTERCONNECTION AGREEMENT
AND AN AMENDMENT TO THE
INTERCONNECTION AGREEMENT WITH
QUANTUMSHIFT COMMUNICATIONS, INc.
DBA VCOM SOLUTIONS PURSUANT TO 47 ORDER NO. 30696
c. ~ 252(e)
In these cases the Commission is asked to approve an amendment to interconnection
agreement between Qwest Corporation and XO Communications Services, Inc. and an
interconnection agreement and amendment between Qwest and QuantumShift Communications
Inc. dba vCom Solutions. With this Order, the Commission approves the interconnection
agreement and amendments to the interconnection 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)(I). 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.S.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
ORDER NO. 30696
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 APPLICATIONS
1. Qwest Corporation and XO Communications Services, Inc., Case No. QWE-
08-On November 17, 2008, Qwest filed an Application to amend the parties
Interconnection Agreement that was initially approved by the Commission on July 3, 2008.
Order No. 30589. The current Application includes an attachment labeled the "Collocation Bay
Procurement Amendment" which seeks to add certain terms and conditions governing caged and
cageless physical collocation to the parties' original Interconnection Agreement. Finally, the
Application states that the amendment to the parties ' Interconnection Agreement was reached
through voluntary negotiations.
2. Qwest Corporation and QuantumShift Communications, Inc. dba vCom
Solutions, Case No. QWE-08-. On November 10, 2008, Qwest filed an Application for
approval of its Resale Agreement with QuantumShift as well as an amendment to this agreement.
In this Application, the parties request that the Commission approve an agreement that includes
but is not limited to, certain terms and conditions describing unbundled network elements
(UNE), pricing, ancillary services and telecommunications services available for resale within
the geographical areas where Qwest is currently serving as the incumbent local exchange carrier
(ILEC). Qwest also submitted an amendment which seeks to incorporate the Qwest Local
Service Platform (QLSP) into the aforementioned agreement. Finally, the Application states that
the parties' Agreement and amendment thereto were reached through voluntary negotiations.
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 the
Interconnection Agreement and Amendments to the Interconnection 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
foregoing 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.S.C. ~
ORDER NO. 30696
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 Staffs 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 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 XO Communications Services, Inc., Case No. QWE-08-, is
approved.
IT IS FURTHER ORDERED that the Interconnection Agreement and Amendment to
the Interconnection Agreement between Qwest Corporation and QuantumShift Communications
Inc. dba vCom Solutions, Case No. QWE-08-, are 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. 30696
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3 ~
day of December 2008.
MACK A. REDF SIDENT
MARSHA H. SMITH, COMMISSIONER
~~k
KEMPTON, C MISSIONER
ATTEST:
~fJJe D. Jewell
ission Secretary
O:QWE- T-08-05 - QWE-T -08-- np
ORDER NO. 30696