20090617final_order_no_30841.pdf

Office of the Secretary
Service Date
June 17 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-09-
APPROV AL OF ITS INTERCONNECTION
AGREEMENT WITH RURAL NETWORK
SERVICES, INc. PURSUANT TO 47 U.C.
252(
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-09-
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH NET T ALK.COM, INC.
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 WITH NSW TELECOM, INC.
PURSUANT TO 47 U.C. ~ 252(e)ORDER NO. 30841
In these cases the Commission is asked to approve three new Interconnection
Agreements. With this Order, the Commission approves the Interconnection Agreements.
BACKGROUND
Under the provisions ofthe 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 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 51)." 47 C.R. ~ 51.3.
ORDER NO. 30841
THE APPLICATIONS
1. Qwest Corporation and Rural Network Services. Inc.. Case No. QWE-09-
On April 1 , 2009, Qwest submitted an Application seeking approval of its Interconnection
Agreement with Rural Network Services, Inc. (Rural). The Agreement sets forth the terms
conditions and pricing under which Qwest will provide Rural with network interconnection
access to Unbundled Network Elements, ancillary services, and telecommunications services
available for resale within the geographical areas in which Qwest is providing local exchange
service at that time, and for which Qwest is the incumbent local exchange carrier (ILEC) within
the State of Idaho.
Upon reviewing Qwest's Application, Staff expressed some concern regarding the
absence of Exhibit K, Qwest's Performance Assurance Plan (PAP), in the parties' original
Interconnection Agreement. After Staff consulted with the parties and explained to Rural the
significance of the PAP and how it worked in conjunction with Exhibit B, Qwest's Performance
Indicator Definitions (PIDs), the parties eventually agreed to include Exhibit K (PAP) as an
addendum to their Interconnection Agreement. The Application states that the parties
Agreement was reached through voluntary negotiations.
2. Qwest Corporation and NET TALK-COM. Inc.. Case No. QWE-09-. On
April 7, 2009, Qwest filed an Application seeking approval of its Interconnection Agreement
with Net Talk. The Agreement sets forth the terms, conditions and pricing under which Qwest
will provide Net Talk with network interconnection, access to Unbundled Network Elements
ancillary services, and telecommunications services available for resale within the geographical
areas in which Qwest is providing local exchange service at that time, and for which Qwest is the
ILEC within the State of Idaho.
Upon reviewing Qwest's Application, Staff was again concerned that Exhibit K
(P AP) was absent from the parties' Agreement. After Staff consulted with the parties and
explained to Net Talk the significance ofthe PAP and how it worked in conjunction with Exhibit
B (PIDs), the parties eventually agreed to include Exhibit K as part of their Interconnection
Agreement. Net Talk also requested that Exhibit B be included in all of its state filings involving
Qwest. The Application states that the parties' Agreement was reached through voluntary
negotiations.
ORDER NO. 30841
Qwest Corporation and NSW Telecom. Inc.. Case No. QWE- T -09-. On May 28
2009, Qwest filed an Application seeking approval of its Interconnection Agreement with NSW.
The Agreement includes certain terms, conditions pricing, ancillary services and
telecommunications services available for resale in geographical areas within the State of Idaho
where both parties simultaneously provide telecommunications service and Qwest is recognized
as the ILEC. The Application states that the parties' Agreement was reached through voluntary
negotiations.
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
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 foregoing 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 U.c. ~
252(e)(I). 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 Staffs recommendation, the
Commission finds that the Interconnection Agreements described herein 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 ~~ 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 Interconnection Agreement between Qwest
Corporation and Rural Network Services, Inc., Case No. QWE-09-, is approved.
ORDER NO. 30841
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation and NET TALK.COM, Inc., Case No. QWE-09-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation and NSW Telecom, Inc., Case No. QWE- T -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.
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this
day of June 2009.
. KE PTO , P IDENT
MARSHA H. SMITH, COMMISSIONER
~~~
MACK A. DFO , CO ISSIONER
ATTEST:
O:QWE- T-09-05 - QWE- T-09-- QWE- T-09-
ORDER NO. 30841