20060307final_order_no_29986.pdf

Office of the Secretary
Service Date
March 7, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND CORDIA
COMMUNICATIONS CORP. FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.e. ~
252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND
360NETWORKS (USA) INC. FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND
NAVIGATOR TELECOMMUNICATIONS,
LLC FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF TDS TELECOMMUNICATIONS
CORPORATION (POTLATCH TELEPHONE
COMPANY, INC.) AND T-MOBILE USA,
INC. FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF SILVER STAR TELEPHONE COMPANY
AND GOLD STAR COMMUNICATIONS,
LLC FOR APPROV AL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF COLUMBINE TELEPHONE COMPANY
(TETON) AND GOLD STAR
COMMUNICATIONS, LLC FOR APPROVAL
OF AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e)
ORDER NO. 29986
CASE NO. QWE-06-
CASE NO. QWE- T -06-
CASE NO. QWE- T -06-
) CASE NO. POT-06-
) CASE NO. SIL-06-
) CASE NO. COL-06-
) ORDER NO. 29986
In these cases, the Commission is asked to approve newly negotiated Interconnection
Agreements. With this Order the Commission approves the Agreements as set forth below.
BACKGROUND
Under the provlSlons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 U.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.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 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.R. ~ 51.3.
THE CURRENT APPLICATIONS
1. Owest Corporation and Cordia Communications Corp. (Case No. OWE- T -06-1 )
This Application seeks approval of a new agreement that follows Qwest's 14 State negotiations
template. The terms are similar to those in previously approved agreements.
2. Owest Corporation and 360networks (USA) Inc. (Case. No. QWE-06-. This
Application seeks approval of a new agreement that follows Qwest's 14 State negotiations
template. The terms are similar to those in previously approved agreements.
3. Owest Corporation and Navigator Telecommunications, LLC (Case No. OWE-
06-. This Application seeks approval of a new agreement that follows Qwest's 14 State
negotiations template. The terms are similar to those in previously approved agreements.
4. TDS Telecommunications Corporation (as an agent of Potlatch Telephone
Company, Inc.) and T-Mobile USA. Inc. (Case No. POT-06-. This is a new agreement for
the exchange of wireless traffic between Potlatch and T -Mobile. This voluntarily negotiated
agreement contains terms similar to other agreements between TDS and wireless carriers that
have been previously approved by this Commission.
ORDER NO. 29986
5. Silver Star Telephone Company and Gold Star Communications, LLC (Case No.
SIL- T -06-1 )This is a voluntarily negotiated agreement that contains terms for wireless
interconnection and compensation. It contains terms similar to those approved for other wireless
interconnection agreements.
6. Columbine Telephone Company dba Teton Telecom and Gold Star
Communications, LLC (Case No. COL-06-l).This is a voluntarily negotiated agreement that
contains terms for wireless interconnection and compensation. It contains terms similar to those
approved for other wireless interconnection agreements.
STAFF RECOMMENDATION
Staff has reviewed the 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
Applications are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommended
Commission approval of the Agreements.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. ~ 252(e)(1). 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 the Staffs recommendation, the
Commission finds that the Agreements are consistent with the public interest, convenience and
necessity and do not discriminate. Therefore, the Commission finds that the Agreements should
be approved. However, approval of these Agreements does not negate the responsibility of
either of the parties 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 of Qwest
Corporation and Cordia Communications, Corp., Case No. QWE- T -06-, is approved.
ORDER NO. 29986
IT IS FURTHER ORDERED that the Interconnection Agreement of Qwest
Corporation and 360networks (USA) Inc., Case No. QWE-06-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of Qwest
Corporation and Navigator Telecommunications, LLC, Case No. QWE-06-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of TDS
Telecommunications Corporation (as an agent for Potlatch Telephone Company, Inc.) and T-
Mobile USA, Inc., Case No. POT-06-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of Silver Star
Telephone Company and Gold Star Communications, LLC, Case No. SIL-06-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of Columbine
Telephone Company dba Teton Telecom and Gold Star Communications , LLC, Case No. COl-
T -06-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in 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.
ORDER NO. 29986
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this +-It
day of March 2006.
, PRESIDENT
u~~
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSE , COMMISSIONER
ATTEST:
AJ .
D. Jewell
dlmmission Secretary
O:QWE- T-06-0 1- QWE- T-06-02 - QWE- T-06-03 _POT- T -06-0 I SIL- T -06-- COL- T-06-
ORDER NO. 29986