20060309final_order_no_29993.pdf

Office of the Secretary
Service Date
March 9, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
VERIZON NORTHWEST INC. FOR CASE NO. VZN-O6-
APPRO V AL OF AN INTERCONNECTION
AGREEMENT AND AMENDMENT FOR THE
STATE OF IDAHO PURSUANT TO 47 U.C.
252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND XO CASE NO. QWE-O2-
COMMUNICATIONS SERVICES, INc. FOR
APPROV AL OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND AMERICAN CASE NO. USW-OO-
FIBER NETWORK, INc. FOR APPROVAL OF
AN AMENDMENT TO
INTERCONNECTION AGREEMENT FOR ORDER NO. 29993
THE STATE OF IDAHO PURSUANT TO 47
c. ~ 252(e)
In these cases, the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements and a new Interconnection Agreement. With
this Order the Commission approves the Agreements.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 US.C. 9
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. 9 252(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
ORDER NO. 29993
agreement adopted by negotiation even if the terms of the agreement do not comply with the
requirements of (Part 51)." 47 C.R. 951.3.
THE CURRENT APPLICATIONS
1. Verizon Northwest Inc. and Commpartners, LLC (Case No. VZN-06-. On
February 22, 2006, Verizon filed an Application for approval of an Interconnection Agreement
and a TRO amendment to that Agreement. The Agreement includes terms and conditions for
interconnection, ancillary services, collaboration, and resale of telecommunications services
between the parties.
2. Qwest Corporation and XO Communications Services, Inc. (Case No. QWE-
02-. On February 28, 2006 , Qwest filed an Application to amend an existing Agreement
approved by the Commission on February 29, 2002. In this filing, Qwest incorporates the
Triennial Review Remand Order (TRRO) to the original Agreement.
3. Qwest Corporation and American Fiber Network, Inc. (Case No. USW-00-17)
On February 28, 2006, Qwest filed two Applications to amend an existing Agreement approved
by the Commission on August 8, 2000. The first filing incorporates the Triennial Review Order
(TRO) and Triennial Review Remand Order (TRRO). The second application incorporates
Qwest Digital Subscriber line services.
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 amendments to the Agreements.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. 9252(e)(I). 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 Staff's recommendation , the
Commission finds that the Agreements are consistent with the public interest, convenience and
ORDER NO. 29993
necessity and do not discriminate. Therefore, the Commission finds that the amendments to the
Agreements should be approved. However, approval of these amendments to the 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 99 62-604 and 62-606 if they are providing other non-basic local
telecommunications services as defined by Idaho Code 9 62-603.
ORDER
IT IS HEREBY ORDERED that the new and amended Interconnection Agreement of
Verizon Northwest Inc. and Commpartners, LLC, Case No. VZN-06-3, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and XO Communications Services, Inc., Case No. QWE- T -02-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of Qwest
Corporation and American Fiber Network, Inc., Case No. USW - T -00-, 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 9 61-
626.
ORDER NO. 29993
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 9+"-
day of March 2006.
ATTEST:
~i~
mission Secretary
O:QWE-02-USW-00-- VZN-06-
ORDER NO. 29993
MARSHA H. SMITH, COMMISSIONER