20110128final_order_no_32170.pdf

Office of the Secretary
Service Date
January 28 2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-08-
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
ACCESS POINT, INC. PURSUANT TO 47
c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-09-
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
GREENFL Y NETWORKS, INc. DBA ORDER NO. 32170
CLEARFL Y COMMUNICATIONS
PURSUANT TO 47 U.C. ~ 252(e)
In these cases, the Commission is asked to approve Amendments to separate
Interconnection Agreements between Qwest Corporation and Access Point, Inc.; and Qwest
Corporation and Greenfly Networks, Inc. dba Clearfly Communications. With this Order, the
Commission approves the Amendments to the parties' 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 US.C. 9 252(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 US.c. 9 252(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 51)." 47 C.R. 9 51.3.
ORDER NO. 32170
THE APPLICATIONS
Qwest Corporation and Access Point Inc., Case No. QWE-08-. On December
, 2010, Qwest submitted an Application for approval of an amendment to its Interconnection
Agreement with Access Point. The original interconnection agreement and an amendment to the
agreement were approved by the Commission on May 2 2008, and May 23, 2008, respectively.
See Commission Order Nos. 30544 and 30553. In this Application, the parties request that the
Commission allow the parties to adopt Qwest's Local Services Platform (QLSP) Agreement
with Attachments and Rate Sheets, as part of their Interconnection Agreement.
The parties request an expeditious approval process and maintain that the Agreement
was reached through voluntary negotiations.
Qwest Corporation and Greenfly Networks, Inc. dba Clearfly Communications, Case
No. QWE-09-On January 11 , 2011 , the Commission received Qwest's Application
requesting authority to amend its Interconnection Agreement with Clearfly. The parties' original
Interconnection Agreement was approved by the Commission on February 18, 2009. See Order
No. 30730. The proposed Amendment would adopt the QLSP Agreement, with Attachments and
Rate Sheets, as part of the parties' Interconnection Agreement. The QLSP sets out rates , terms
and conditions for the companies to interconnect their services.
The parties request an expeditious approval process and maintain that the Agreement
was reached through voluntary negotiations.
STAFF RECOMMENDATION
Staff reviewed the foregoing Applications and did not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that the
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 proposed Amendments to the
parties' Interconnection Agreements.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 D.c. 9
252(e)(l). However, the Commission s review is limited. The Commission may reject an
agreement adopted by negotiation only if it finds that the agreement discriminates against a
ORDER NO. 32170
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 Staffs recommendation, the
Commission finds that the Amendments to the Agreements are consistent with the public
interest, convenience and necessity and do not discriminate. Therefore, the Commission finds
that the Amendments, reviewed by Staff and more fully described above, should be approved.
Approval of the 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 Amendment to the Interconnection Agreement
between Qwest Corporation and Access Point, Inc., Case No. QWE-08-, is approved.
IT IS FURTHER ORDERED that the Amendment to 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. 32170
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;2 f/f4'o.
day of January 20 II.
MARSHA H. SMITH, COMMISSIONER
MACK A. REDFO
ATTEST:
~~o.
D. Jewell
C mmission Secretary
O:QWE- T-08-03 - QWE- T-09-02 - np
ORDER NO. 32170