HomeMy WebLinkAbout20090817final_order_no_30880.pdfOffice afthe Secretary
Service Date
August 17 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH MATRIX TELECOM,
INC. DBA MATRIX BUSINESS
TECHNOLOGIES DBA TRINSIC
COMMUNICATIONS PURSUANT TO 47
Co ~ 252(e)
CASE NO. QWE-09-
ORDER NO. 30880
In this case the Commission is asked to approve an Interconnection Agreement
between Qwest Corporation and Matrix Telecom, Inc. dba Matrix Business Technologies dba
Trinsic Communications. With this Order, the Commission approves the parties
Interconnection Agreement.
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 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.
THE APPLICATION
On July 24, 2009, Qwest submitted an Application for approval of its Interconnection
Agreement with Matrix. In this Application, the parties seek the Commission s approval of an
Agreement that includes certain terms, conditions pricing, ancillary services and
telecommunications services available for resale. The Agreement is applicable in locations
ORDER NO. 30880
within the State of Idaho where both parties are simultaneously offering local exchange service
and Qwest is the incumbent local exchange carrier (ILEC).
STAFF RECOMMENDATION
The Staff has reviewed the Application and does not find any terms or conditions that
it considers to be discriminatory or contrary to the public interest. Staff believes that the
Agreement is consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommended that the
Commission approve Qwest's Application.
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)(1). The Commission s review is limited, however. The Commission may reject an
agreement adopted by negotiation only if it finds 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 Application and the Staffs recommendation, the
Commission finds that the Agreement is consistent with the public interest, convenience and
necessity and does not discriminate. Therefore, the Commission finds that the Agreement should
be approved. Approval of this Agreement does not negate the responsibility of either party to
this Agreement 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 Matrix Telecom, Inc. dba Matrix Business Technologies dba Trinsic
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. 30880
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
.j-/\
day of August 2009.
~d.~L~
MPT N, P SIDENT
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MARSHA H. SMITH, COMMISSIONER
MACK A. REDFORD, COMMISSIONER
ATTEST:
~IDJe D. Jewell
CommIssIOn Secretary
O:QWE-09-
ORDER NO. 30880