20101227final_order_no_32150.pdf

Office of the Secretary
Service Date
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
December 27 2010
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF
AN AMENDMENT TO ITS INTERCONNECTION
AGREEMENT WITH ENTELEGENT
SOLUTIONS PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF
AN AMENDMENT TO ITS INTERCONNECTION
AGREEMENT WITH PRIME TIME VENTURES
LLC PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
CITIZENS TLECO MMUNI CA TI 0 NS COMPANY
OF IDAHO FOR APPROV AL OF AN
AMENDMENT TO ITS INTERCONNECTION
AGREEMENT WITH VERIZON WIRELESS,
AL. PURSUANT TO 47 U.c. ~ 252(e)
) CASE NO. QWE-09-
) CASE NO. QWE-05-
) CASE NO. CTC-07-
) ORDER NO. 32150
In these cases, the Commission is asked to approve Amendments to Interconnection
Agreements between Qwest Corporation and Ente1egent Solutions; Qwest and PrimeTime
Ventures, LLC; and Citizens Telecommunications Company of Idaho and Verizon Wireless
at. 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)(I). 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
ORDER NO. 32150
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.F .R. 9 51.3.
THE APPLICATION
1. Qwest Corporation and Ente1egent Solutions. Case No. QWE-09-
December 15 , 2010, Qwest submitted an Application seeking authority to amend its
Interconnection Agreement with Ente1egent. The parties' original Interconnection Agreement
was approved by the Commission on September 29, 2009. See Order No. 30911. The
Agreement provides for the adoption of the Qwest Local Services Platform Agreement (QLSP).
The QLSP acts as an Interconnection Agreement between the parties and sets out rates, terms
and conditions for the companies to interconnect their services.Both parties request an
expeditious approval process and maintain that the Agreement was reached through voluntary
negotiations.
2. Qwest Corporation and Prime Time Ventures. LLC. Case No. QWE-05-. On
December 15 , 2010, Qwest submitted an Application seeking authority to amend its
Interconnection Agreement with PrimeTime. The parties ' original Interconnection Agreement
was approved by the Commission on Apri11 , 2005. See Order No. 29746. The QLSP acts as an
Interconnection Agreement between the parties and sets out rates, terms and conditions for the
companies to interconnect their services. Both parties request an expeditious approval process
and maintain that the Agreement was reached through voluntary negotiations.
3. Frontier Communications of Idaho and Verizon Wireless. Case No. CTC-07-
On December 3 , 2010, Frontier filed an Application seeking authority to amend its
Interconnection Agreement Verizon.The parties' original Interconnection Agreement was
approved by the Commission on November 26, 2007. See Order No. 30468. The Application
states that the parties have mutually agreed to the terms and conditions for cellular and other
two-way mobile radio traffic interchange for cellular and other two-way mobile radio services.
STAFF RECOMMENDATION
Staff reviewed the foregoing 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
Amendments to the Interconnection Agreements are consistent with the pro-competitive policies
of this Commission, the Idaho Legislature, and the federal Telecommunications Act.
ORDER NO. 32150
Accordingly, Staff recommended that the Commission approve the 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 U.C. 9
252(e)(1). 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
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 recommendations, the
Commission finds that the Agreements, including Amendments thereto , are consistent with the
public interest, convenience and necessity and do not discriminate. Therefore, the Commission
finds that the Agreements, reviewed by Staff and more fully described above, should be
approved. Approval of the Amendments to the Interconnection 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 Amendments to the Interconnection Agreement
between Qwest Corporation and Ente1egent Solutions, Case No. QWE-09-, are approved.
IT IS FURTHER ORDERED that the Amendments to the Interconnection Agreement
between Qwest Corporation and PrimeTime Ventures, LLC, Case No. QWE-05-, are
approved.
IT IS FURTHER ORDERED that the Amendments to the Interconnection Agreement
between Citizens Telecommunications Company ofldaho and Verizon Wireless et at.Case No.
CTC-07-, are 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
ORDER NO. 32150
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 99 61-
626 and 62-619.
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this c271"
day of December 2010.L/~JI . E PTO , PRES ENT
MARSHA H. SMITH, COMMISSIONER
MACK A. REDFORD, COMMISSIONER
ATTEST:
~fJ tf~Je D. Jewell
Commission Secretary
O:QWE- T-09-17 - QWE-OS-CTC-07-0S _
ORDER NO. 32150