20110628final_order_no_32276.pdf

Office of the Secretary
Service Date
June 28,201!
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )OF QWEST CORPORATION FOR )CASE NO.QWE-T-I 1-06APPROVALALLOWINGBROADVOX-)CLEC,LLC TO ADOPT THE )
INTERCONNECTION AGREEMENT )BETWEEN QWEST CORPORATION AND )NEUTRAL TANDEM,INC.PURSUANT TO )47 U.S.C.§252(e))
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)IN THE MATTER OF THE APPLICATION )OF QWEST CORPORATION FOR )CASE NO.QWE-T-05-19
APPROVAL OF AMENDMENTS TO ITS )INTERCONNECTION AGREEMENT WITH )DIECA COMMUNICATIONS,INC.DBA )COVAD COMMUNICATIONS COMPANY )PURSUANT TO 47 U.S.C.§252(e))
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)IN THE MATTER OF THE APPLICATION )OF QWEST CORPORATION FOR )CASE NO.QWE-T-00-13APPROVALOFAMENDMENTSTOITS)INTERCONNECTION AGREEMENT WITH )ESCHELON TELECOM OF IDAHO,INC.)PURSUANT TO 47 U.S.C.§252(e))
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)IN THE MATTER OF THE APPLICATION )OF QWEST CORPORATION FOR )CASE NO.USW-T-00-05APPROVALOFAMENDMENTSTOITS)INTERCONNECTION AGREEMENT WITH )INTEGRA TELECOM OF IDAHO,INC.)ORDER NO.32276
PURSUANT TO 47 U.S.C.§252(e))
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)
In these cases,the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements.With this Order the Commission approves the
amendments to 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.§252(e)(1).The Commission may reject an agreement adopted by negotiations only
ORDER NO.32276 1
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 rnay
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.§51.3.
THE APPLICATIONS
1.Qwest Corporation and Broadvox-CLEC,LLC,Case No.QWE-T-1l-06.On
May 20,2011,the Conimission received Qwest’s Application requesting approval for Broadvox
to adopt the previously approved Interconnection Agreement between Qwest and Neutral
Tandem,Inc.See Order No.32008.
2.Owest Corporation and DIECA Communications,Inc.dba Covad Communication
Company,Case No.QWE-T-05-19.On April 20.2011,the Commission received Qwest’s
Application requesting authority to amend its Interconnection Agreement with DIECA.The
parties’original Agreement was approved by the Commission on October 12,2005.See Order
No.29889.The current Application requests Commission approval to amend the parties’
Interconnection Agreement to add certain terms,conditions and rates for resale.
3.Qwest Corporation and Eschelon Telecom of Idaho,Inc.,Case No.QWE-T-00-
13.On May 24,2011,the Commission received Qwest’s Application requesting authority to
amend its Interconnection Agreement with Eschelon.The parties’original Agreement was
approved by the Commission on November 20,2000.See Order No.28570.The current
Application requests Commission approval to amend the parties’Interconnection Agreement to
add certain terms and conditions relating to xDSL capable loops.
4.Qwest Corporation and Integra Telecom of Idaho,Inc..Case No.USW-T-00-05.
On May 24,2011,the Commission received Qwest’s Application requesting authority to amend
its Interconnection Agreement with Integra.The parties’original Agreement was approved by
the Commission on April 28,2000.See Order No.28360.This filing adds terms and conditions
relating to xDSL capable loops.
ORDER NO.32276
STAFF RECOMMENDATION
Staff reviewed the foregoing Applications and did not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest.Staff believes that the
Interconnection Agreements and Amendments thereto,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 proposed Interconnection
Agreement and Amendments to 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.S.C.§
252(e)(l).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation ç3y 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 recommendations,the
Commission finds that the Agreement and Amendments to the Agreements 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 Agreement 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 Interconnection Agreement between Qwest
Corporation and Broadvox-CLEC,Inc.,Case No.QWE-T-l 1-06,is approved.
IT IS FURTHER ORDERED that the Amendments to the Interconnection Agreement
between Qwest Corporation and DIECA Communications,Inc.dba Covad Communications
Company,Case No.QWE-T-05-19,are approved.
IT IS FURTHER ORDERED that the Amendments to the Interconnection Agreement
between Qwest Corporation and Eschelon Telecom,Inc.,Case No.QWE-T-00-13,are approved.
ORDER NO.32276 3
IT IS FURTHER ORDERED that the Amendments to the Interconnection Agreement
between Qwest Corporation and Integra Telecom of Idaho.Inc.,Case No.USW-T-00-05.are
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
day of June 2011.
PAUL KJE LA ER,PRESIDENT
MACK A.REDFORD,COMMISSIONER
d
MARSHA H.SMITH,COMMISSIONER
ATTEST:
1 iJ;7
Jean D.Jewell;
Commission Secretary
O:QWE-T-11 O7 QWE-T-05-I 9_QWE-T-OO-I 3USW-T-OO-O5np
ORDER NO.32276 4