20100622final_order_no_32008.pdf

Office of the Secretary
Service Date
June 22, 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATIONS OF
VERIZON NORTHWEST INC. FOR APPROVAL OF
AMENDMENTS TO ITS INTERCONNECTION
AGREEMENT WITH MCIMETRO ACCESS
TRANSMISSION SERVICES LLC PURSUANT TO
47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF ITS
LETTER AGREEMENT WITH MILLENNIUM
NETWORKS, LLC TO ADOPT THE
INTERCONNECTION AGREEMENT BETWEEN
QWEST CORPORATION AND SILVER STAR
TELEPHONE COMPANY AND AMENDMENTS TO
THAT INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF ITS
INTERCONNECTION AGREEMENT, INCLUDING
AMENDMENTS, WITH NEUTRAL TANDEM, INc.
PURSUANT TO 47 U.c. ~ 252(e)
CASE NO. VZN-03-
CASE NO. QWE-IO-
CASE NO. QWE-IO-
ORDER NO. 32008
In this case the Commission is asked to approve Amendments to an Interconnection
Agreement between Verizon Northwest Inc. ("Verizon ) and MCImetro Access Transmission
Services LLC ("MCImetro ); an Interconnection Agreement, including Amendments, between
Qwest Corporation ("Qwest") and Millennium Networks, LLC ("Millennium ); and an
Interconnection Agreement, including Amendments, between Qwest and Neutral Tandem, Inc.
Neutral"). With this Order, the Commission approves the parties ' Interconnection Agreements
and Amendments.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
ORDER NO. 32008
47 C. ~ 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.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 25l(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)." 47c.F.R. ~ 51.3.
THE APPLICATION
1. Verizon and MCImetro. Case No. VZN-03-07.
On May 13, 2010, Verizon submitted two Applications to Amend its Interconnection
Agreement with MCImetro, approved by the Commission on October 20 2003. See Order No.
29358. The parties ask the Commission to approve Amendments 5 and 6 to their Interconnection
Agreement. Amendment 5 revises the terms and agreements for wholesale discounts listed in
Exhibit A that includes non-recurring charges for resale services. Amendment 6 amends the
Triennial Review and Remand Order (TRRO) that includes provisioning and pricing for services
listed in Exhibit A. Both Amendments have an effective date of March 2 2010.
2. Qwest and Millennium. Case No. QWE-I0-02.
On May 21 , 2010, Qwest filed an Application seeking the Commission s approval to
adopt Qwest's Interconnection Agreement with Silver Star Telephone Company, Order No.
30953. The Application included a Letter Agreement wherein Millennium agreed to adopt the
aforementioned Interconnection Agreement in its entirety. On June 1 , 2010, Qwest filed an
Application for approval of certain Amendments to the adopted Interconnection Agreement. The
Amendment sets out mutual terms, covenant and conditions for Mid-Span Meet Point of
Interface (POI).
negotiations.
The parties state that the Agreement was reached through voluntary
3. Owest and Neutral. Case No. QWE-IO-03.
On May 21 , 2010, Qwest submitted an Application for approval of its Interconnection
Agreement with Neutral, as well as two Amendments to that Agreement. The Agreement and
ORDER NO. 32008
Amendments provide for originated toll-free service jointly provided switched access (JPSA),
and four-party transit traffic. The parties state that the Agreement and accompanying
Amendments were jointly entered into and provide for both companies to interconnect their
facilities.
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
Agreements and Amendments 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 Interconnection Agreements and
Amendments.
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)(I).
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 Application and the Staffs recommendation, the
Commission finds that the Agreements and Amendments are consistent with the public interest
convenience and necessity and do not discriminate. Therefore, the Commission finds that the
Agreement and Amendments, reviewed by Staff and more fully described above, should be
approved. Approval of the Agreements and Amendments 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 ~~ 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 Amendments to the Interconnection Agreement
between Verizon Northwest Inc. and MClmetro Access Transmission Services LLC, Case No.
VZN-03-, are approved.
ORDER NO. 32008
IT IS FURTHER ORDERED that the Interconnection Agreement including
Amendments, between Qwest Corporation and Millennium Networks, LLC, Case No. QWE-
10-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement including
Amendments, between Qwest Corporation and Neutral Tandem, Inc., Case No. QWE-I0-
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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this;2/ day
of June 2010.'t1 ~ON
MARSHA H. SMITH, COMMISSIONER
~o-J- A ~
MACK A. REDFORD, COMMISSIONER
ATTEST:
J a D. Jewel
Commission Secretary
O:VZN-03-07 - QWE-I 0-- QWE-l 0-03 _
ORDER NO. 32008