20080318final_order_no_30515.pdf

Office of the Secretary
Service Date
March 18, 2008
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
RURAL NETWORK SERVICES, INe.
PURSUANT TO 47 U.e. ~ 252(e)
ORDER NO. 30515
CASE NO. USW-99-
In this case, the Commission is asked to approve an amendment to an Interconnection
Agreement between Qwest Corporation, formerly known as U S WEST Communications, Inc.
Qwest") and Rural Network Services, Inc. ("Rural"). With this Order, the Commission
approves the Amendment to their 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.C. 9 252(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. 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 CURRENT APPLICATION
On February 26, 2008, Qwest submitted an Application seeking Commission
approval of an Amendment to its Interconnection Agreement with Rural. On September 16
1999, the Commission approved the original Agreement between Qwest and Rural. Order No.
28152.In this filing, the parties seek the Commission s approval of an Amendment to
ORDER NO. 30515
incorporate the Triennial Review Order (TRO) and the Triennial Review Remand Order (TRRO)
into their Interconnection Agreement.
Qwest is an authorized telecommunications service provider in the State of Idaho and
Rural 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 ofthe Idaho Code, and the federal Telecommunications Act. Accordingly, Staff recommends
that the Commission approve Qwest's Application for approval of an amendment to its
Interconnection Agreement with Rural.
COMMISSION DECISION
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 Qwest and Rural's proposed Amendment to its Interconnection 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 Title 62 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 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 NO. 30515
ORDER
IT IS HEREBY ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Rural Network Services, Inc. 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.
DONE by Order of the Idaho Public Utilities Commission at Boise , Idaho this JS-fI.
day of March 2008.
MARSHA H. SMITH, COMMISSIONER
I)
/.
~PTON, C MMISSIONER
ATTEST:
~LO
J a D. Jewell
C mmission Secretary
O:USW-99-
ORDER NO. 30515