20051114final order no 29912.pdf

Office of the Secretary
Service Date
November 14, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND CASE NO. USW-OO-
ELECTRIC LIGHTWAVE, INc. FOR
APPRO V AL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND NEW CASE NO. QWE-O5-
ROCHELLE TELEPHONE CORPORATION
FOR APPROVAL OF AN AMENDMENT TO
AN EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ORDER NO. 29912
252( e)
In these cases, the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements. With this Order the Commission approves the
amendments to Agreements.
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.
ORDER NO. 29912
THE CURRENT APPLICATIONS
1. Qwest Corporation and Electric Lightwave, Inc. (Case No. USW-00-21).The
subject Application was filed on October 28, 2005 by Qwest. In this Application, the parties
request that the Commission approve an amendment to an existing interconnection agreement
between the parties approved by the Commission on October 11 , 2000. This filing amends the
terms, conditions and rates for CLEC-to-CLEC Cross Connections.
2. Qwest Corporation and New Rochelle Telephone Corporation (Case. No. QWE-
05-. The subject Application was filed on October 28, 2005 by Qwest. In this Application
the parties request that the Commission approve an amendment to an existing interconnection
agreement between the parties approved by the Commission on February 15, 2005. This
amendment incorporates the Triennial Review Order (TRO) and the Triennial Review Remand
Order (TRRO).
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 D.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
ORDER NO. 29912
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 amended Interconnection Agreement of Qwest
Corporation and Electric Lightwave, Inc., Case No. USW-00-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and New Rochelle Telephone Company, Case No. QWE-05-, 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.
'-Irk
MARSHA H. SMITH, COMMISSIONER
ATTEST:~ill Je D. Jewell
C mmission Secretary
O:USW- T-00-- QWE- T-05-02 _
ORDER NO. 29912