20091027final_order_no_30932.pdf

Office of the Secretary
Service Date
October 27, 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-09-
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH. iNETWORKS GROUP
INc. PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF VERIZON NORTHWEST INC. FOR CASE NO. VZN-09-
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH BLC MANAGEMENT
LLC DBA ANGLES COMMUNICATION ORDER NO. 30932
SOLUTIONS PURSUANT TO 47 U.c. ~
252( e)
In these cases, the Commission is asked to approve newly negotiated Interconnection
Agreements. 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.S.c. 9 252(e)(l). 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.S.c. 9 252(e)(2)(A). As the Commission noted in
Order No. 28427, companies voluntarily entering into interconnection agreements "may
negotiate terms, prices an~onditions 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.
THE APPLICATIONS
Qwest Corporation and iNETWORKS Group, Inc., Case No. QWE-09-. On
September 18 , 2009, Qwest submitted an Application for approval of its Interconnection
Agreement with iNETWORKS. The parties' Agreement includes terms and conditions, pricing,
ancillary services and telecommunications services available for resale. The Agreement is
ORDER NO. 30932
applicable in geographical areas within the State of Idaho where both parties are currently
offering local exchange service and Qwest is the incumbent local exchange carrier. Qwest states
that the Agreement was reached through voluntary negotiations.
Verizon Northwest Inc. and BLC Management LLC dba Angles Communication
Solutions, Case No. VZN-09-On September 24, 2009, Verizon filed an Application
seeking approval of its Interconnection Agreement with BLC. The parties' Agreement includes
the terms and conditions for interconnection, unbundled network elements, collocation and the
resale of telecommunications services.
ST AFF RECOMMENDATION
Staff has 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 Interconnection Agreements are consistent with the pro-competitive policies of this
Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly,
Staff recommends that the Commission approve the foregoing Agreements.
COMMISSION FINDINGS
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)(l). 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 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 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 Interconnection Agreement between Qwest
Corporation and iNETWORKS Group, Inc., Case No. QWE-09-, is approved.
ORDER NO. 30932
IT IS FURTHER ORDERED that the Interconnection Agreement between Verizon
Northwest Inc. and BLC Management LLC dba Angles Communication Solutions, Case No.
VZN-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 99 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;2..7
day of October 2009.
D. MPTON, P SIDENT
tl&~RSHA H. SMITH, C MMISSIONER
~ ~~ "-
.A ~
MACK A. REDFORD, COM
ATTEST:
1!:6JD. Jewell
C mmlSSlOn Secretary
O:QWE-09-- VZN-09-
ORDER NO. 30932