20040415Final Order No 29470.pdf

Office of the Secretary
Service Date
April 15 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND COV
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 ELECTRIC
LIGHTWAVE 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 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 VERIZON NORTHWEST, INC. AND AIRPEAK
COMMUNICATIONS LLP FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST INC. AND
NORTHWEST TELEPHONE, INc. FOR
APPROVAL OF 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).
) CASE NO. USW-99-
) CASE NO. USW-00-
) CASE NO. QWE-02-
) CASE NO. VZN-04-
) CASE NO. VZN-04-
) CASE NO. QWE-02-
) ORDER NO. 29470
In these cases the Commission is asked to approve new interconnection agreements
and amendments to previously approved interconnection agreements.
ORDER NO. 29470
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.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 US.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
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 CURRENT APPLICATIONS
The Commission has been asked to approve two new interconnection agreements and
four amendments to existing interconnection agreements. These Applications are discussed in
greater detail below.
1. Owest Corporation and Covad Communications Company (Case No. USW-99-
.n. In this Application, the parties request that the Commission approve an amendment to an
existing interconnection agreement. The amendment adds terms and conditions regarding CLEC
maintenance of common area splitter collocations.
2. Owest Corporation and Electric Lightwave. Inc. (Case No. USW-00-21). In this
Application, the parties request that the Commission approve an amendment to an existing
interconnection agreement. The amendment adds terms and rates regarding DC power reduction
procedures.
3. Ow est Corporation and Excel Telecommunications. Inc. (Case No. OWE-02-
12). In this Application, the parties request that the Commission approve an amendment to an
existing interconnection agreement. The amendment adds terms and rates regarding Qwest DSL
with UNE-
ORDER NO. 29470
4. Verizon Northwest Inc. and AIRPEAK Communications LLP (Case No. VZN-
04-. In this Application, the parties request that the Commission approve an interconnection
agreement. AIRPEAK has elected to adopt the N extel W estN erizon agreement.
5. Verizon Northwest Inc. and Northwest Telephone. Inc. (Case No. VZN-04-
In this Application, the parties request that the Commission approve an interconnection
agreement. The terms are similar to those already approved by this Commission. This
agreement also contains an amendment addressing terms specified by the Federal
Communications Commission in the Triennial Review Order (TRO).
6. Qwest Corporation and XO Idaho. Inc. (Case No. OWE- T -02-In this
Application, the parties request that the Commission approve an amendment to an existing
interconnection agreement. The amendment adds terms and rates regarding various network
elements.
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 these new agreements
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.C. ~ 252 (e)(l). 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.!d.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 new 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. However, approval of these agreements and amendments does not negate
the requirement that the parties to them must obtain a Certificate of Public Convenience and
ORDER NO. 29470
Necessity if they are offering local exchange services or complying 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 new 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 a previously approved
interconnection agreement between Qwest Corporation and Covad Communications Company,
Case No. USW - T -99-, is approved.
IT IS FURTHER ORDERED that the amendment to a previously approved
interconnection agreement between Qwest Corporation and Electric Lightwave, Inc., Case No.
USW-00-, is approved.
IT IS FURTHER ORDERED that the amendment to a previously approved
interconnection agreement between Qwest Corporation and Excel Telecommunications, Inc.
Case No. QWE-02-, is approved.
IT IS FURTHER ORDERED that the new interconnection agreement between
Verizon Northwest Inc. and AIRPEAK Communications LLP, Case No. VZN-04-, is
approved.
IT IS FURTHER ORDERED that the new interconnection agreement between
Verizon Northwest Inc. and Northwest Telephone, Inc., Case No. VZN-04-, is approved.
IT IS FURTHER ORDERED that the amendment to a previously approved
interconnection agreement between Qwest Corporation and XO Idaho, Inc., Case No. QWE- T-
02-, 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 the Case Nos. USW - T -99-
, USW-00-, QWE-02-, VZN-04-, VZN-04-5 and QWE-02-2 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 ~ ~ 61-626 and 62-619.
ORDER NO. 29470
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this /5"f'A.
day of April 2004.
?JJ::' PdID
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~fJJe D. Jewell
Commission Secretary
O:USWT9903 - USWTO021- QWET0212- VZNT0404- VZNT0405 QWET0202jh
ORDER NO. 29470