20090310final_order_no_30741.pdf

Office of the Secretary
Service Date
March 10 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-08-
APPROVAL OF ITS TYPE 1 AND TYPE
PAGING INTERCONNECTION
AGREEMENTS ~TH PAGEDATA
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-08-
APPROVAL OF ITS TYPE 1 AND TYPE 2
PAGING INTERCONNECTION
AGREEMENTS ~TH W A VESENT LLC
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-09-
APPROVAL OF ITS INTERCONNECTION
AGREEMENT ~TH BLC MANAGEMENT
LLC, DBA ANGLES COMMUNICATIONS
SOLUTIONS, PURSUANT TO 47 U.c. ~
252( e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-00-
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT ~TH
MCLEODUSA TELECOMMUNICATIONS
SERVICES, INC. PURSUANT TO 47 U.C. ~ORDER NO. 30741
252( e)
In these cases, the Commission is asked to approve new Interconnection Agreements
and an amendment to an existing Interconnection Agreement. 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. 9252(e)(l). 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
ORDER NO. 30741
to the agreement; or (2) implementation of the agreement is not consistent with the public
interest, convenience and necessity. 47 U.C. 9 2S2(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 2S1(b) or (c).Order No. 28427 at II (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 SlJ." 47 c.F.R. 9S1.3.
THE APPLICATIONS
1. Qwest Corporation and PageData LLC, Case No. QWE-08-. On December
, 2008, Qwest filed an Application for approval of its Type 1 and Type 2 Interconnection
Agreement with PageData. The Agreement states that a Type 1 Paging Service is a one-way
final route Trunk Group between Qwest's serving wire center , or Dial Tone Office, and a Paging
Provider Point of Connection ("POC"). A Type 2 Paging Service is a one-way
intraLATA/intrastate final route Trunk Group between Qwest's local , LATA/Toll Tandems, end
office switches and a paging provider s POCo The Application states that the parties' Agreement
was reached through voluntary negotiations.
2. Qwest Corporation and WaveSent LLC, Case No. QWE-08-11.On December
, 2008, Qwest filed an Application for approval of its Type 1 and Type 2 Interconnection
Agreement with WaveSent. The Agreement states that a Type 1 Paging Service is a one-way
final route Trunk Group between Qwest's serving wire center, or Dial Tone Office, and a Paging
Provider Point of Connection ("POC"). A Type 2 Paging Service is a one-way
intraLATA/intrastate final route Trunk Group between Qwest's local , LATA/Toll Tandems, end
office switches and a paging provider s POc. The Application states that the parties ' Agreement
was reached through voluntary negotiations.
3. Qwest Corporation and BLC Management LLC dba Angles Communications
Solutions. Case No. QWE-09-. On January 20, 2009, Qwest submitted an Application for
approval of its Interconnection Agreement with BLC. The Agreement includes terms and
conditions for interconnection, unbundled network elements, ancillary services and the resale of
telecommunications services in the state of Idaho.
ORDER NO. 3074l
4. Qwest Corporation and McLeodUSA Telecommunications Services. Inc. dba
PAETEC Business Services. Case No. QWE-00-. On February l2, 2009, Qwest filed an
Application seeking to amend its Interconnection Agreement with McLeodUSA which was
previously approved by the Commission on November 9, 2000. See Order No. 28565. The
Amendment states that the parties have mutually agreed to add certain "terms, conditions and
rates pursuant to which (McLeodUSA) will invoice Qwest for and Qwest will pay Wholesale
Service Order Charges.
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
Interconnection Agreements are consistent with the pro-competitive policies of this Commission
the Idaho Legislature, and the federal Telecommunications Act.
recommended that the Commission approve the foregoing Agreements.
Accordingly, Staff
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. 9
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. !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 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 99 62-604 and 62-606 if they are
providing other non-basic local telecommunications services as defined by Idaho Code 9 62-603.
ORDER
IT IS HEREBY ORDERED that the Type 1 and Type 2 Paging Interconnection
Agreement between Qwest Corporation and PageData LLC, Case No. QWE-08-, is
approved.
ORDER NO. 30741
IT IS FURTHER ORDERED that the Type 1 and Type 2 Paging Interconnection
Agreement between Qwest Corporation and WaveSent LLC, Case No. QWE-08-, is
approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation and BLC Management LLC dba Angles Communications Solutions, Case No.
QWE-09-, is approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. dba PAETEC
Business Services, Case No. QWE-00-, 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 (2l) 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 99 6l-
626 and 62-619.
ORDER NO. 3074l
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this It)
day of March 2009.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
e;l
Commission Secretary
O:QWE-08-- QWE-08-- QWE-09-- QWE-00-07 _
ORDER NO. 3074l