20100309final_order_no_31020.pdf

Office of the Secretary
Service Date
March 9, 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL
OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
ELECTRIC LIGHTWAVE, LLC PURSUANT
TO 47 U.C. ~ 252(e)
ORDER NO. 31020
CASE NO. USW-00-
In this case the Commission is asked to approve an amendment to the Interconnection
Agreement between Qwest Corporation and Electric Lightwave, LLC. With this Order, the
Commission approves the amendment to the parties ' Interconnection Agreement.
BACKGROUND
Under the provisions ofthe federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
47 u.S.c. 9 252(e)(I). 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.S.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 agreement adopted by negotiation even if the terms of the agreement do not
comply with the requirements of (Part 51)." 47 C.R. 9 51.3.
THE APPLICATION
On December 30, 2010, Qwest submitted an Application for approval of an
amendment to its Interconnection Agreement with Electric Lightwave which was originally
approved by the Commission on October 11, 2000. See Order No. 28535. In this Application
the parties seek the Commission s approval of an amendment to reflect changes to the terms and
conditions relating to Design Change and Rate Update as set forth in Attachment 1 , Exhibit A of
their Agreement.
ORDER NO. 31020
ST AFF RECOMMENDATION
The Staff has reviewed the Application and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
Amendment is consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommends that the
Commission approve the Amendment to Qwest's Interconnection Agreement with Lightwave.
COMMISSION FINDINGS
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.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
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 Application and Staff s recommendation, the
Commission finds that the amendment to the Agreement is consistent with the public interest
convenience and necessity and does not discriminate. Therefore, the Commission finds that the
amendment to the Agreement should be approved. Approval of this amendment does not negate
the responsibility of either party to this Agreement 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 amendment to the Interconnection Agreement
between Qwest Corporation and Electric Lightwave, LLC, Case No. USW-00-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order. 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. 31020
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 9-rA
day of March 2010.
. KEMPr'ON , P iDENT
MARSHA H. SMITH, COMMISSIONER
~~~
MACK A. REDFORD, COMM SIONER
ATTEST:
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Commission Secretary
O:USW-OO-
ORDER NO. 31020