20040105Final Order No 29407.pdf

Office of the Secretary
Service Date
January 5, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND COY
COMMUNICATIONS COMPANY FOR
APPROVAL 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 ARCH
WIRELESS OPERATING COMPANY, INC. FOR
APPROVAL 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 V ARTEC
TELECOM, INc. FOR APPROVAL OF
AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND XO IDAHO,
INC. FOR APPROVAL 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 EXCEL
TELECOMMUNICATIONS, INc. FOR
APPROVAL 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 ROBERT
RYDER DBA RADIO PAGING SERVICE FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ 252(e).
) CASE NO. USW-99-
) CASE NO. USW-00-
) CASE NO. QWE-02-
) CASE NO. QWE-02-
) CASE NO. QWET-02-
) CASE NO. QWE- T -03-
) ORDER NO. 29407
In these cases the Commission is asked to approve amendments to previously
approved interconnection agreements and a new interconnection agreement.
ORDER NO. 29407
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 u.S.C. 9252(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. 9252(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
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 APPLI CA TI 0
The Commission has been asked to approve five amendments to existing
interconnection agreements and a new interconnection agreement. These amendments and the
new agreement are discussed in greater detail below.
1. Qwest and Covad Communications Company (Case No. USW - T -99-3).This
application is for an amendment to an existing interconnection agreement replacing the previous
terms for joint testing with revised terms.
2. Qwest and Arch Wireless Operating Company (Case No. USW-00-20).This
application is for an amendment to an existing paging interconnection agreement extending the
term of the agreement and including language dealing with changes that result from regulatory or
legal proceedings.
3. Qwest and VarTec Telecom. Inc. (Case No. QWE-02-1).This application is
for an amendment to update the rates in Appendix A to include recent changes in Qwest's SGAT
rates.
4. Qwest and XO Idaho. Inc. (Case No. QWE- T -02-2).This application is for an
amendment to update the rates in Appendix A to include recent changes in Qwest's SGA T rates.
ORDER NO. 29407
5. Qwest and Excel Telecommunications, Inc. (Case No. QWE-02-12).This
application is for an amendment to update the rates in Appendix A to include recent changes in
Qwest's SGAT rates.
6. Qwest and Robert Ryder dba Radio Paging Service (Case No. QWE-03-27).
This is a new Type 1 and Type 2 Paging Agreement. The terms are similar to other paging
agreements previously approved by the Commission.
STAFF 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 new agreement and
amendments to interconnection agreements are consistent with the pro-competitive policies of
this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly,
Staff believes that the Applications merit the Commission s approval.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 u.S.C. 9 252 (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 telecommunication 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, the Staff
recommendation and on the fact no other person commented on these Applications, the
Commission finds that the 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.However
approval of these amendments does not negate the responsibility of any of the parties to these
agreements to obtain a Certificate of Public Convenience and Necessity if they are offering local
exchange services or complying 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 amendments to interconnection agreements and
new interconnection agreement discussed above are approved. Terms of the agreements that are
not already in effect shall be effective as of the date of this Order.
ORDER NO. 29407
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Covad Communications Company, Case No. USW-99-, is
approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Arch Wireless Operating Company, Inc., Case No. USW-OO-
, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and VarTec Telecom, Inc., Case No. QWE-02-, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and XO Idaho, Inc., Case No. QWE- T -02-, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Excel Telecommunications, Inc., Case No. QWE-02-, is
approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and Robert Ryder dba Radio Paging Service, Case No. QWE- T -03-, 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-, QWE-02-, QWE-02-, QWE-02-12 and QWE-03-27 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 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 99 61-626 and 62-619.
ORDER NO. 29407
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho, this ,.,Jl.
day of January 2004.
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PAUL
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MARSHA H. SMITH, COMMISSIONER
ATTEST:
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J a D. JewellCo ISSlOn Secretary
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ORDER NO. 29407