20050128Final Order No 29701.pdf

Office of th ecretary
Service Date
January 28, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND DIECA COMMUNICATIONS dba COY
COMMUNICATIONS COMPANY FOR
APPROVAL OF AN AMENDMENT TO AN
EXISTING WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e)
CASE NO. USW-99-
ORDER NO. 29701
The Commission is asked in this case to approve an amendment to an existing
interconnection agreement between Qwest Corporation and Covad Communications Company.
In this Order the Commission approves the Application.
BACKGROUND
Under the prOVISIons 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.
THE CURRENT APPLICATION
The Joint Application for approval of amendment to the interconnection agreement
between Qwest and Covad was filed on January 18, 2005. The Application states that the parties
are jointly filing and that this amendment was reached through voluntary negotiations without
resort to mediation. The Agreement amends the terms, conditions, and rates for Enhanced
ORDER NO. 29701
Extended Loop (EEL), as set forth in Attachment 1 and Exhibits A and B, attached and
incorporated into the filing.
STAFF RECOMMENDATION
Staff has reviewed the Application and did not find any terms or conditions 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 of 1996. Accordingly, Staff believes that the Application for
amendment merits 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)(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.Additionally, 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
(emphasis in original); 47 C.R. ~ 51.3.
Based upon our review of the Application and the Staff's recommendation , the
Commission finds that the agreement is consistent with the public interest convenience and
necessity and does not discriminate. Therefore, the Commission finds that the agreement should
be approved. However, approval of this agreement does not negate the responsibility of either of
the parties 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 ~ ~ 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 amended interconnection agreement between
Qwest Corporation and DIECA Communications Inc., dba Covad Communications Company,
Case No. USW-99-, as discussed above, is approved.
ORDER NO. 29701
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 ~~ 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 2tt rfI-
day of January 2005.
, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
IS S. HANSEN, COMMISSIONER
ATTEST:
~KJJe D. Jewell
CMmission Secretary
0: USWT9903 dw2
ORDER NO. 29701