20090325final_order_no_30758.pdf

Office of the Secretary
Service Date
March 25 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
PROJECT MUTUAL TELEPHONE
COOPERATIVE ASSOCIATION PURSUANT
TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH DSLNET
COMMUNICATIONS, LLC PURSUANT TO
47 U.c. ~ 252(e)
CASE NO. QWE- T -05-
CASE NO. QWE-09-
ORDER NO. 30758
In these cases, the Commission is asked to approve an amendment to an existing and
previously approved Interconnection Agreement and a new 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. g 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 U.C. g 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. g 51.3.
ORDER NO. 30758
THE APPLICATIONS
1. Qwest Corporation and Project Mutual Telephone Cooperative Association, Inc.,
Case No. QWE-05-21.On March 6 2009, Qwest filed an amendment to its Interconnection
Agreement with Project Mutual. The parties' Interconnection Agreement was initially approved
by the Commission on November 23 , 2005. See Order No. 29920. In the Application, the
parties seek the Commission s approval to include terms and conditions as set forth in Mid-Span
Meet POI (Point of Interface), Trunking and Exhibit H (Calculation of the Relative Use Factor)
as an amendment to their original Agreement. The Application states that the amendment was
reached through voluntary negotiations.
2. Qwest Corporation and DSLnet Communications, LLC, Case No. QWE-09-
On March 3, 2009, Qwest filed an Application for approval of its Interconnection Agreement
with DSLnet. The parties' Agreement contains terms, conditions and the wholesale rate
structure for services Qwest has agreed to provide to DSLnet. Such services include, but are not
limited to, the following: Network interconnection; access to Unbundled Network Elements
(UNEs); collocation; commitment to Qwest's Performance Assurance Plan (PAP); and other
ancillary services. The Application states that the Agreement was reached through voluntary
negotiations without resort to 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.
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. g
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.
ORDER NO. 30758
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 gg 62-604 and 62-606 if they are
providing other non-basic local telecommunications services as defined by Idaho Code g 62-603.
ORDER
IT IS HEREBY ORDERED that the amendment to the Interconnection Agreement
between Qwest Corporation and Project Mutual Telephone Cooperative Association, Inc., Case
No. QWE-05-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation and DSLnet 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 gg 61-
626 and 62-619.
ORDER NO. 30758
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;2 5'f4-
day of March 2009.
if &U~JL.
MARSHA H. SMITH, COMMISSIONER
~R.
. EMPTO CO ISSIONER
ATTEST:
~~ll~ti~i:s~on Secretary
O:QWE-05-- QWE-09-
ORDER NO. 30758