20060505final_order_no_30029.pdf

Office of the Secretary
Service Date
May 5, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND NOS
COMMUNICATIONS, INc. FOR APPROVAL
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
ELECTRIC LIGHTWAVE, INC. FOR
APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252(e)
CASE NO. QWE-01-
CASE NO. USW-00-
ORDER NO. 30029
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 the 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 US.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.
THE CURRENT APPLICATIONS
1. Qwest Corporation and NOS Communications, Inc. (Case No. QWE-01-19)
The original Agreement was approved by the Commission on August 22, 2001. In this filing the
ORDER NO. 30029
Companies agree to incorporate the Triennial Review Order ("TRO") and the Triennial Review
Remand Order ("TRRO") into the Interconnection Agreement between the parties. To the extent
applicable, the Agreement will eliminate certain unbundled network elements ("UNEs ) or add
terms and conditions for certain UNEs as set forth in Attachment 1 and Exhibit A to this
Amendment.
2. Qwest Corporation and Electric Lightwave, Inc. (Case. No. USW-00-21). The
original Agreement was approved by the Commission on October 11 , 2000. With this filing the
Companies agree to incorporate the Triennial Review Order ("TRO") and the Triennial Review
Remand Order ("TRRO") into the Interconnection Agreement between the parties. To the extent
applicable, the Agreement will eliminate certain unbundled network elements ("UNEs ) or add
terms and conditions for certain UNEs as set forth in Attachment 1 and Exhibit A to this
Amendment.
ST AFF 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.
CO MMISSI ON D ECISI
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.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. 30029
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 NOS Communications, Inc. Case No. QWE-01-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and Electric Lightwave, Inc., Case No. USW-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 ~ 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this Sf
day of May 2006.
PAUL KJE L~ DER, PRESIDENT
J~~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
/1--~D. JewellJ
Cb'lnmission Secretary
O:QWE-01-19 _USW-00-
ORDER NO. 30029