20090128final_order_no_30723.pdf

Office of the Secretary
Service Date
January 28, 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL FOR FRETEL
COMMUNICATIONS, LLC TO ADOPT THE
INTERCONNECTION AGREEMENT
BETWEEN QWEST CORPORATION AND
360NETWORKS (USA), INC. PURSUANT TO
47 U.C. ~ 252(e)
CASE NO. QWE-O9-
ORDER NO. 30723
In this case, the Qwest Corporation is seeking approval for Fretel Communications
LLC to adopt the Interconnection Agreement between Qwest and 360networks (USA), Inc.
With this Order, the Commission approves the Interconnection Agreement.
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 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 J." 47 C.F .R. ~ 51.
THE APPLICATION
Owest Corporation and Fretel Communications. LLC, Case No. OWE-09-01.
January 13 , 2009, Qwest and Frete! submitted a Joint Application seeking Commission approval
for Fretel to adopt the Interconnection Agreement between Qwest and 360networks USA, Inc.
The initial Interconnection Agreement between Qwest and 360networks was approved by the
Commission on March 7, 2006. See Order No. 29986.
ORDER NO. 30723
ST AFF RECOMMENDATION
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
Interconnection Agreement is consistent with the pro-competitive policies of this Commission
the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff recommends
that the Commission approve the Agreement.
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 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 the Agreement does not negate the responsibility of either party to the
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 Interconnection Agreement between Qwest
Corporation and Fretel Communications, LLC, Case No. QWE-09-, 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. 30723
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this c2?t"-
day of January 2009.
ATTEST:
iJrlJ
D. Jewell
mISSIOn Secretary
O:QWE-O9-
ORDER NO. 30723
MACK A. REDFORD
MARSHA H. SMITH, COMMISSIONER
d~:,
. KEMPTON, CO MISSIONER
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