20110928final_order_no_32367.pdf

Office ofthe Secretary
Service Date
September 28,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION FOR APPROVAL )CASE NO.QWE-T-ll-09
OF AN INTERCONNECTION AGREEMENT )
WITH NATIONAL COMTEL NETWORK,)
INC.PURSUANT TO 47 U.S.C.§252(e))ORDER NO.32367
____________________________________________________________________________________
)
In this case,the Commission is asked to approve an Interconnection Agreement
between Qwest Corporation and National Corntel Network,Inc.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 August 29,2011,the Commission received an Application from Qwest requesting
approval of its Interconnection Agreement with National Comtel Network,Inc.The Agreement
allows National ‘to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.”
STAFF 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 believes that the parties’
ORDER NO.32367 1
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)(1).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation 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 parties’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 an interconnection agreement does not
negate the responsibility of either party to an 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 National Comtel Network,Inc.,Case No.QWE-T-l 1-09,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.
ORDER NO.32367
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this S
day of September 2011.
PAUL LN ER,COMMISSIO
MACK A.REDFOR ,COMMISSIONER
MARSHA H.SMITH,COMMISSIONER
ATTEST:
tfAi ‘I
Jan D.JewelJ
Commission Secretary
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ORDER NO.32367 3