20090218final_order_no_30730.pdf

Office ofthe Secretary
Service Date
February 18 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF VERIZON NORTHWEST INe. AND XO CASE NO. VZN-04-
IDAHO, INe. FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-09-
APPROVAL OF AN INTERCONNECTION
AGREEMENT WITH GREENFL
NETWORKS, INe. DBA CLEARFL Y ORDER NO. 30730
COMMUNICATIONS PURSUANT TO 47
C. ~ 252(e)
The Commission is asked to approve an amendment to the Interconnection
Agreement between Verizon Northwest Inc. and XO Communications Services, Inc. and a new
Interconnection Agreement between Qwest Corporation and Greenfly Networks, Inc. dba
Clearfly Communications.With this Order, the Commission approves the parties
Interconnection Agreements and Amendments.
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)(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
to the agreement; or (2) implementation of the agreement is not consistent with the public
interest, convenience and necessity. 47 U.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 agreement adopted by negotiation even if the terms of the agreement do not
comply with the requirements of (Part 51J." 47 C.R. ~ 51.
ORDER NO. 30730
THE APPLICATIONS
1. Verizon Northwest Inc. and XO Communications Services. Inc.. Case No. VZN-
04-03.On January 13 , 2009, Verizon filed an Application for approval of an amendment to its
Interconnection Agreement with XO. The amendment seeks to incorporate certain terms and
conditions governing the parties' exchange of VolP Traffic. The parties original
Interconnection Agreement was approved by the Commission on March 31 , 2004. See Order
No. 29460.
2. Qwest Corporation and Greenflv Networks Inc. dba Clearflv Communications.
Case No. QWE-09-. On January 13 , 2009, Qwest filed an Application for approval of its
Interconnection Agreement with Greenfly. The Agreement contains terms, conditions and
pricing under which Qwest will provide Clearfly with network interconnection and access to
Unbundled Network Elements. The Agreement also includes the wholesale rates for these and
other services, delineates Service Performance Indicators and a Performance Assurance Plan.
See Interconnection Agreement, Exhibits A-K. The Application states that the parties
Agreement was reached through voluntary negotiations and without mediation or arbitration.
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. Accordingly, Staff recommends
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.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 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
ORDER NO. 30730
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 Verizon Northwest Inc. and XO Communications Services, Inc., Case No. VZN-04-
, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation and Greenfly Networks Inc. dba Clearfly Communications, 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. 30730
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this fTJ-.
day of February 2009.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
ftn22a D. Jewell
mission Secretary
O:VZN-T -04-03 - QWE- T-09-02 - np
ORDER NO. 30730