20101124final_order_no_32126.pdf

Office of the Secretary
Service Date
November 24, 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-I0-
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH ALLIED WIRELESS
COMMUNICATIONS CORPORATION AND
ITS CMRS AFFILIATES PURSUANT TO 47
c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-I0-
APPROVAL OF ITS INTERCONNECTION
AGREEMENT, INCLUDING AMENDMENT
WITH GROUP SIX COMMUNICATIONS,ORDER NO. 32126
LLC PURSUANT TO 47 U.c. ~ 252(e)
In these cases, the Commission is asked to approve an Interconnection Agreement
between Qwest Corporation and Allied Wireless Communications Corporation; and an
Interconnection Agreement, including amendment, between Qwest Corporation and Group Six
Communications, LLC. With this Order, the Commission approves 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)(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. 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
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.
ORDER NO. 32126
THE APPLICATIONS
1. Qwest Corporation and Allied Wireless Communications Corporation, Case No.
QWE-lO-. On October 20, 20l0, Qwest submitted an Application for approval of a Type 2
wireless Interconnection Agreement with Allied and its CMRS Affiliates. The Agreement
includes terms and conditions, pricing, ancillary services and the approval process to access
Qwest's right of way, poles and innerduct within the state of Idaho.
2. Qwest Corporation and Group Six Communications, LLC, Case No. QWE-10-
. On October 22 2010, Qwest submitted an Application for Approval of an Interconnection
Agreement, and amendment, with Group Six. In this Application, the parties request that the
Commission approve an Agreement that includes terms and conditions, pricing, ancillary
services and resale of telecommunications services within the geographical areas in which both
parties are providing local exchange service, and for which Qwest is the incumbent local
exchange carrier within the State of Idaho. Along with the Interconnection Agreement, an
amendment outlining the Qwest Local Service Platform (QLSP) was included in the Application.
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
Interconnection Agreements are consistent with the pro-competitive policies of this Commission
the Idaho Legislature, and the federal Telecommunications Act.Accordingly, Staff
recommended that the Commission approve 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 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
ORDER NO. 32l26
approved. Approval of the 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 Allied Wireless Communications Corporation, Case No. QWE-lO-, is
approved.
IT IS FURTHER ORDERED that the Interconnection Agreement, including
amendment, between Qwest Corporation and Group Six Communications, LLC, Case No. QWE-
T -l 0-, 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 (2l) 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 6l-
626 and 62-6l9.
ORDER NO. 32l26
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;;L l(-fiI
day of November 20l0.
D. KEMPT N SIDENT
MARSHA H. SMITH, COMMISSIONER
~~~
MACK A. REDFORD, COMMISSIONER
ATTEST:
~A- fJ.
(ff44a D. Jewel
mmission Secretary
O:QWE- T-I 0-- QWE-I 0-
ORDER NO. 32l26