20040226Final Order No 29433.pdf

Office of the Secretary
Service Date
February 26, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND NPCR, INe.
DBA NEXTEL PARTNERS FOR APPROV AL OF
AN AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND INTEGRA
TELECOM OF IDAHO, INC. FOR APPROV AL OF
AN AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.e. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND TIME
WARNER TELECOM OF IDAHO, LLC FOR
APPROVAL OF TWO SEPARATE AMENDMENTS
TO AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND AMERICAN
FIBER NETWORK, INe. FOR APPROVAL
OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.e. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND ELECTRIC
LIGHTWAVE, INC. FOR APPROVAL OF AN
AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.e. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND 1-800-
RECONEX, INC. FOR APPROVAL OF AN
AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e).
ORDER NO. 29433
CASE NO. USW-99-
CASE NO. USW-00-
) CASE NO. USW-00-
CASE NO. USW-00-
CASE NO. USW-00-
) CASE NO. QWE-OI-
ORDER NO. 29433
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND XO IDAHO, INe.
FOR APPROVAL OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND GRANITE
TELECOMMUNICATIONS, INC. FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
VERIZON NORTHWEST INe. AND GRANITE
TELECO MMUNI CA TI 0 NS, IN e., FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT AND AMENDMENT PURSUANT
TO 47 U.e. ~ 252(e)
CASE NO. QWE-02-
CASE NO. QWE-04-
CASE NO. VZN-04-
In these cases, the Commission is asked to approve both new interconnection
agreements and amendments to agreements that were previously approved by the Commission.
BACKGROUND
Under the provisions 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 ifit 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 recently 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 provisions of Section 251 (b)
or (c)." Order No. 28427 at 11 (emphasis original). This comports with the FCC's statement
that "a state commission shall have authority to approve an interconnection agreement adopted
51)." 47 C.R. ~ 51.3.
by negotiation even if the terms of the agreement do not comply with the requirements of (Part
ORDER NO. 29433
THE CURRENT APPLICATIONS
The Commission has been asked to approve these interconnection agreements and
amendments to existing interconnection agreements. These agreements are discussed in greater
detail below.
1. Qwest and NPCR, Inc. dba Nextel Partners (Case No. USW-99-22). This is an
amendment to a previously approved agreement implementing new reciprocal compensation
terms based upon a three-month study of traffic between the two companies.
Owest and Integra Telecom of Idaho, Inc. (Case No. USW-OO-. This
Application is for an amendment to an existing interconnection agreement adding terms for the
conversion of private line service to Unbundled Dedicated Interoffice Transport (UDIT).
3. Owest and Time Warner Telecom of Idaho. LLC (Case No. USW-OO-14). This
Application seeks approval of two amendments to an existing agreement. The first amendment
provides general terms for Collocation Available Inventory, and the second provides promotional
rates for Collocation Available Inventory for a limited time period.
Owest and American Fiber Network. Inc. (Case No. USW-OO-17). This
Application is for an amendment to update the agreement to reflect changes in regulatory
requirements implemented in the Federal Communications Commission s Triennial Review
Order (TRO). This amendment deals with those TRO elements that were not delegated to states
for further analysis.
5. Owest and Electric Lightwave. Inc. (Case No. USW-OO-21). This Application
seeks approval of an amendment to an existing agreement that provides terms for unbundled dark
fiber.
6. Qwest and 1-800-Reconex. Inc. (Case No. OWE-Ol-13). This Application is for
an amendment to an existing agreement providing terms for unbundled public access lines
(UNE-P PAL).
7. Owest and XO Idaho. Inc. (Case No. QWE-O2-. This Application is for an
amendment to provide promotional rates for available collocation inventory.
Qwest and Granite Telecommunications. Inc. (Case No. OWE-O4-. This
Application seeks approval of a new agreement based on the Statement of Generally Available
Terms (SGAT).
ORDER NO. 29433
9. Verizon and Granite Telecommunications. Inc. (Case No. VZN-O4-l).The
Companies submitted both a new original agreement and an amendment to the agreement. The
agreement contains terms that are similar to terms from other Verizon agreements previously
approved by the Commission. The amendment updates the agreement to reflect changes in
regulatory requirements implemented in the Federal Communications Commission s Triennial
Review Order (TRO). This amendment deals with those TRO elements that were not delegated
to states for further analysis.
STAFF ANALYSIS AND RECOMMENDATION
The Staff has reviewed these Applications and did not find any terms and conditions
to be discriminatory or contrary to the public interest. Staff believes that the interconnection
agreements and the amendments to interconnection agreements are consistent with the pro-
competitive policies of this Commission the Idaho Legislature, and the federal
Telecommunications Act.
Commission s approval.
Accordingly, Staff believes that the Applications merit the
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements 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 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 Application, the Staffs
recommendation and on the fact no other person commented on these Applications , the
Commission finds that the above interconnection agreements and amendments to previously
approved interconnection agreements are consistent with the public interest, convenience and
necessity and do not discriminate. Therefore, the Commission finds that these Applications
should be approved. Approval of these new agreements and amendments does not negate the
responsibility of any of the parties to these agreements to obtain a Certificate of Public
Convenience and Necessity prior to providing local exchange services or from complying with
Idaho Code gg 62-604 and 62-606 if they are providing other non-basic local
telecommunications services as defined by Idaho Code g 62-603.
ORDER NO. 29433
ORDER
IT IS HEREBY ORDERED that the interconnection agreements and amendments to
interconnection agreements discussed above are approved. Terms of the agreements that are not
already in effect shall be effective as of the date of this Order.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and NPCR, Inc. dba Nextel Partners, Case No. USW-99-, is
approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Integra Telecom of Idaho, Inc., Case No. USW-00-, is
approved.
IT IS FURTHER ORDERED that the two amendments to the interconnection
agreement between Qwest Corporation and Time Warner Telecom of Idaho, LLC, Case No.
USW-00-, are approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and American Fiber Network, Inc., Case No. USW-00-, is
approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Electric Lightwave, Inc., Case No. USW-00-, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and 1-800-Reconex, Inc., Case No. QWE-Ol-, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and XO Idaho, Inc., Case No. QWE-02-, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and Granite Telecommunications, Inc., Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Verizon
Northwest Inc. and Granite Telecommunications, Inc., Case No. VZN-04-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in these Case Nos. USW-
99-, USW-00-, USW-OO-, USW-00-, USW-00-, QWE-01-, QWE-02-
, QWE-04-, and VZN-04-1 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 or in
ORDER NO. 29433
interlocutory Orders previously issued in these cases. Within seven (7) days after any person has
petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho
Code ~g 61-626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;Z~ r+--
day of February 2004.
L KJ LL . ER, PRESIDENT
1J~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~ill
D. Jewell
Commission Secretary
O:USWT9902- USWTO05 - USWTOO14- USWTOO17 _etaUh
ORDER NO. 29433