20110428final_order_no_32238.pdf

Office of the Secretary
Service Date
April 28,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION FOR APPROVAL )CASE NO.QWE-T-1 1-05
OF ITS INTERCONNECTION AGREEMENT )
WITH UNITED STATES CELLULAR )
CORPORATION PURSUANT TO 47 U.S.C.§)ORDER NO.32238
252(e))
In this case the Commission is asked to approve an Interconnection Agreement
between Qwest Corporation and United States Cellular Corporation.With this Order,the
Commission approves the parties’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.S.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 U.S.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 25 1(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.§51 .3.
THE APPLICATION
On April 14,2011,the Commission received an Application from Qwest requesting
approval of its Type 2 Wireless Interconnection Agreement with United States Cellular.The
Agreement includes rates,ancillary services,and access to telephone numbers,as well as terms
and conditions for two-way wireless interconnection between the parties.
ORDER NO.32238 1
In the Application,Qwest states that the Agreement was reached through voluntary
negotiations and without resort to mediation or arbitration.Qwest believes that an expeditious
approval of the Agreement is in the public interest.
STAFF RECOMMENDATION
Staff reviewed Qwest’s Application and did not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest,Staff believes that the parties’
Interconnection 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 the Interconnection Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act,interconnection agreements,
including amendments thereto,must be submitted to the Commission for approval.47 U.S.C.§
252(e)(l).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation pjy 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 Staff’s recommendation,the
Commission finds that the Interconnection 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 the Interconnection Agreement does not negate the
responsibility of either party to the 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.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between Qwest
Corporation and United States Cellular Corporation,Case No.QWE-T-ll-05,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
ORDER NO.32238
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
day of April 2011.
JELLANE,RESIDENT
MACK A.REDTORDQCOMMISSIONER
MARSHA H.SMITH,COMMISSIONER
ATTEST:
7]i\i.
!,-.Li1
Jan D,JeweJ
Commission Secretary
O:QWE-T-1 1-05_np
ORDER NO.32238 3