20090505final_order_no_30792.pdf

Office of the Secretary
Service Date
May 5, 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE- T -09-
APPRO V AL OF ITS INTERCONNECTION
AGREEMENT WITH VIRTUAL NETWORK
SOLUTIONS, INC. PURSUANT TO 47 U.
~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-00-
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
MCLEODUSA TELECOMMUNICATIONS
SERVICES, INC. PURSUANT TO 47 U.c. ~ORDER NO. 30792
252( e)
In these cases, the Commission is asked to approve a new Interconnection Agreement
and an amendment to an existing 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. 9252(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. 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. 951.3.
ORDER NO. 30792
THE APPLICATIONS
1. Qwest Corporation and Virtual Network Solutions, Inc., Case No. QWE-09-
On April 17, 2009, Qwest submitted an Application for approval of its Interconnection
Agreement with Virtual Network. The Agreement sets forth the relevant terms, conditions and
pricing under which Qwest will provide network interconnection and access to its unbundled
network elements to Virtual Network. The Agreement also includes certain other ancillary
services in attached Exhibits A, B , and K. Exhibit A lists the wholesale rates; Exhibit B
describes the service performance indicators and Exhibit K recites Qwest's Performance
Assurance Plan. In Section 9.2.6 - Change Management, the Agreement details a process
wherein the parties agree to conform to industry guidelines, standards and practices to address
Qwest's OSS products and processes.
The parties assert that the Agreement was reached through voluntary negotiations and
without resorting to mediation or arbitration.
2. Qwest Corporation and McLeodUSA Telecommunications Services, Inc., d/b/a
PAETEC Business Services, Case No. QWE-00-07.On April 9, 2009, Qwest filed
Application seeking to amend its Interconnection Agreement with McLeodUSA which was
previously approved by the Commission on November 9, 2000. See Order No. 28565. The
amended Agreement seeks to incorporate specified rate elements pertaining to Collocation
engineering and installation labor into the parties' existing Agreement. The rate elements are
listed in Attachment 1 and Exhibit A of the Application.
The Application states that the amended 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
Interconnection Agreement and Amendment 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 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. 9
ORDER NO. 30792
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 Applications and Staffs 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 99 62-604 and 62-606 ifthey are
providing other non-basic local telecommunications services as defined by Idaho Code 9 62-603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between Qwest
Corporation and Virtual Network Solutions, Inc., Case No. QWE-09-, is approved.
IT IS FURTHER ORDERED that amendment to the Interconnection Agreement
between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. dba P AETEC
Business Services, Case No. QWE-00-, 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 9961-
626 and 62-619.
ORDER NO. 30792
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this s+A.
day of May 2009.
~/. ~
. KEMP , P SIDENT
MARSHA H. SMITH, COMMISSIONER
~..~
MACK A. REDF , OMMISSIONER
ATTEST:
D. Jewel.
ission Secretary
0: Q WE- T -09-07 - Q WE- T -00-07 - np
ORDER NO. 30792