20080220final_order_no_30504.pdf

Office ofthe Secretary
Service Date
February 20, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND FRETEL
COMMUNICATIONS, LLC FOR APPROVAL
OF AN AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C ~ 252(e).
CASE NO. USW-99-
ORDER NO. 30504
In this case the Commission is asked to approve an amendment to an Interconnection
Agreement between Qwest Corporation and Fretel Communications , LLC. With this Order, the
Commission approves the amendment to the agreement.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements, including amendments thereto, must be submitted to the
Commission for approval. 47 US.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
(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
ofthe agreement do not comply with the requirements of (Part 51)." 47 C.R. ~ 51.3.
THE APPLICATION
On January 30, 2008, Qwest submitted an Application seeking Commission approval
of an amendment to its Interconnection Agreement with Fretel. On August 27, 1999, the
Commission approved the original Agreement between Qwest and Fretel. Order No. 28133.
This Agreement seeks to amend the terms, conditions and rates for Expedite Requests for
Unbundled Network Elements, as set forth in Attachment 1 and Exhibit A of Qwest's filing.
Both parties agree that this amendment will be deemed effective upon Commission approval.
ORDER NO. 30504
Qwest is an authorized telecommunications service provider in the State of Idaho and
Fretel is an Idaho limited liability company and competitive local exchange carrier ("CLEC"
The parties ' Agreement includes terms and conditions for the interconnection and exchange of
traffic between their respective networks.
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
proposed amendment is consistent with the pro-competitive policies of this Commission, Title 62
of the Idaho Code, and the federal Telecommunications Act. Accordingly, Staff recommended
Commission approval of the amendment to the Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 US.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.
Based upon our review of the Application and the Staff s recommendation, the
Commission finds that the proposed amendment to the Agreement is consistent with the public
interest, convenience and necessity and does not discriminate. Therefore, the Commission finds
that the amendment should be approved. Approval of this Application does not negate the
responsibility of either of the parties to this Agreement to obtain a Certificate of Public
Convenience and Necessity (pursuant to Commission Order No. 26665) 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 of Qwest
Corporation and Fretel Communications, LLC 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
ORDER NO. 30504
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 :)o-r'r--"
day of February 2008.
Commissioner smi th out of the offic
MARSHA H. SMITH, COMMISSIONER
J M . KEMP N, C MISSIONER
ATTEST:
b'Lkt~ /!)():A/~ (Iu~
Barbara Barrows
Assistant Commission Secretary
O:USW-99-
ORDER NO. 30504