20100416final_order_no_31051.pdf

Office of the Secretary
Service Date
April 16 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH INTRADO
COMMUNICATIONS, INc. PURSUANT TO
47 U.c. ~ 252(e)
CASE NO. QWE-10-
ORDER NO. 31051
In this case the Commission is asked to approve an Interconnection Agreement
between Qwest Corporation and Intrado Communications, Inc. With this Order, the Commission
approves the Interconnection Agreement.
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. ~ 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 US.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 J." 47 C.R. ~ 51.3.
THE APPLICATION
On March 23 , 2010, Qwest submitted an Application for approval of its
Interconnection Agreement with Intrado. Staffs review of the Application revealed that the
Performance Assurance Plan (PAP) section of the Agreement was left blank. The PAP provides
assurances that Qwest will meet its Service Performance Indicators (Pills), and if Qwest fails to
meet its measurements, the PAP provides penalty payments to the CLEC and other companies
that enter into an Interconnection Agreement with Qwest. Staff then recounted the history
ORDER NO. 31051
surrounding Qwest's Motion to Withdraw its Statement of Generally Available Terms and
Conditions (SGAT) in Idaho, QWE-08-, including the PAP and PIDs exhibits. The
Commission has allowed Qwest to remove the SGA T from its interconnection agreements. In
doing so, the Commission declared that the removal of the SGA T "shall not alter the status and
effectiveness of the exhibits to the SGA T including Exhibit A (price list), Exhibit B (PIDs) and
Exhibit K (PAP).See Order No. 30750.
Staff noted that since the Commission s Order Qwest has continued to leave the
Exhibit K section of its interconnection agreements blank. Staff contacted Qwest and Intrado
regarding the omission. Pursuant to Commission Order No. 30953 , Staff sought verification
from Intrado that it "knowingly waived" the inclusion of the PAP as part of its Interconnection
Agreement. Intrado informed Staff that it had contacted Qwest and advised the Company that it
would like the PAP to be part of their Agreement. On April 2, 2010, Staff received Exhibit K
and it was incorporated into the Interconnection Agreement.
ST AFF RECOMMENDATION
Staff reviewed the Application and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff recommended that the
Commission remind Qwest of its obligation to provide the PAP and PIDs, or an appropriate
waiver demonstrating that the CLEC was apprised of the purpose of the PAP, in all of its
interconnection agreements with CLECs.
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 Interconnection Agreement with
Intrado.
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)(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.
ORDER NO. 31051
Based upon our reVIew of the Application and 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.
Additionally, the Commission admonishes Qwest to adhere to the Commission
unequivocal mandate to include Exhibit K, or a "signed statement by the contracting CLEC
demonstrating that the CLEC has been fully informed of both the content and purpose of the
Performance Assurance Plan and has knowingly waived its inclusion as part of the
Interconnection Agreement(,J" in all of its Interconnection Agreement filings with the
Commission. Order No. 30953. A continued failure to comply with the Commission s Orders
regarding this matter may subject future applications to additional delays and elicit appropriate
sanctions from the Commission.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between Qwest
Corporation and Intrado Communications, Inc., Case No. QWE- T -10-, is approved.
IT IS FURTHER ORDERED that Qwest shall include Exhibit K (PAP), or a signed
statement by the contracting CLEC demonstrating that the CLEC has been fully informed of both
the content and purpose of the Performance Assurance Plan and has knowingly waived its
inclusion as part of the interconnection agreement, in all future applications for approval of an
interconnection agreement.
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. 31051
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this IR
fI'
day of April 2010.
AL
JIM D . KEMPTdN, P IDENT
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MARSHA H. SMITH, COMMISSIONER
ATTEST:
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D. Jewell
mission Secretary
O:QWE-IO-
ORDER NO. 31051