HomeMy WebLinkAbout20010227Order No. 28656.pdfOffice of the Secretary
Service Date
February 27,2001
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF TIIE JOINT APPLICATION
or QWEST CORPORATION AI\ID FAIRPOINT
COMMUMCATIONS, NC. FOR APPROVAL OF
THE SECOND AI\D THIRD AMENDMENTS TO A
WIRELINE INTERCOI\INECTION AGREEMENT
PURSUANT TO 47 U.S.C. $ 252(e).
IN THE MATTER OF TIIE JOINT APPLICATION
OF QWEST CORPORATION AI{D ADVAI\CED
TELCOM,INC. FOR APPROVAL OF THE
SECOND A}[D THIRD AMEI\IDMENTS TO AIt
EXISTING WIRELIIYE INTERCOIYNECTION
AGRIEMENT PURSUAI\IT TO 47 U.S.C. g 252(e).
IN THE MATTER OF TIIE JOINT APPLICATION
oF QWEST CORPORATION Ar\D DSLNET
CoMMUNICATIONS, LLC FOR APPROVAL OF
THE FOT]RTH AND FIFTH AMENDMENTS TO
AIt EXISTING WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. $ 252(e).
IN THE MATTER OF TIIE JOINT APPLICATION
oF YERIZON NORTITWEST,INC. AND
WASHINGTON RSA NO. 8, LP FOR APPROVAL
OF A WIRELESS INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. $ 2s2(e).
IN THE MATTER OF THE JOINT APPLICATION
oF VERIZON NORTHWEST,INC. AND MAX-TEL
COMMT]NICATIONS, INC. FOR APPROVAL
OF A WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. $ 2s2(e).
IN THE MATTER OF THE JOINT APPLICATION
or QWEST CORPORATION AI\[D MULTTBATID
CoMMI]NICATIONS, LLC. FOR APPROVAL OF
THE FIRST AND SECOND AMEIYDMENTS TO A
WIRELINE INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. $ 252(e).
CASE NO. USW.T-00.13
cAsE NO. USW-T-98-22
cAsE NO. USW-T-99-19
CASE NO. VZN.T.OI.I
CASE NO. VZN.T-0I.2
CASE NO. USW.T.99.3O
ORDER NO. 28656
ORDER NO. 28656
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND PAC-WEST
TELECOM, INC. FOR APPROVAL OF A
WIRELINE INTERCOI{NECTION
AGREEMENT PURSUANT TO 47 U.S.C. $ 2s2(e)
cAsE NO. QWE-T-01-2
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATTON AND WASHTNGTON
RSA NO. 8 LP FOR APPROVAL OF A TYPE 2
WIRELESS INTERCONNECTION
AGREEMENT PURSUANT T0 47 U.S.C. $ 2s2(e)
CASE NO. QWE-T-01-1
In these cases, the Commission is asked to approve both new interconnection
agreements and amendments to agreements which were previously approved by the Commission.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.S.C. $ 252(e)(l). The
Commission may reject an agreement adopted by negotiations only if it finds that the agreement:
(1) discriminates against 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. $ 252(e)(2)(A). As the Commission recently 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 provisions with Section
251(b) or (c)." Order No.28427 at ll (emphasis 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 5l]." 47 C.F.R. $ 51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve these interconnection agreements and
amendments to existing interconnection agreements. These agreements are discussed in greater
detail below.
1. Qwest Corporation and FairPoint Communications. Inc. (Case No. USW-T-00-
-lA. In this case, the parties have requested the Commission to approve the Second and Third
Amendments to the Wireline Interconnection Agreement approved by the Commission on July
ORDERNO. 28656
17,2000. Order No.28444. The Second Amendment is made in order to add the terms,
conditions and rates for Unbundled Dedicated Interoffice Transport and Unbundled Dark Fiber.
The Third Amendment is made in order to add rates, terms and conditions for Line Sharing and
Enhanced Extended Loop to the original Agreement.
2. Owest Comoration and Advanced TelCom. Inc. (Case No. USW-T-98-22). In
this Application, the parties request that the Commission approve the Second and Third
Amendments to an existing Wireline Interconnection Agreement approved by the Commission
on January 26, 1999. Order No.27892. The Second Amendment adds terms and conditions for
local number portability anangements. The Third Amendment adds Unbundled Network
Elements Combinations to the original Agreement.
3. Owest Corporation and DSLnet Communications. LLC. (Case No. USW-T-99-
_19. In this Application, the parties request that the Commission approve the Fourth and Fifth
Amendments to an existing Wireline Interconnection Agreement approved by the Commission
on October 19,1999. Order No. 28180. The Fourth Amendment is made in order to replace in
its entirety, Section 8.2.4 of the original Agreement which addresses Unbundled Loops. The
Fifth Amendment is made in order to replace the Interim Line Sharing Agreement the parties
entered into on May 3, 2000. This Amendment adds terms, conditions and rates for Line
Sharing.
4. Verizon Northwest. Inc. and Washineton RSA No. 8. LP. (Case No. VZN-T-0I-
l). In this case, the parties request that the Commission approve a wireless interconnection
agreement. Washington RSA No. 8 has chosen to adopt the terms and conditions of the existing
arbitrated interconnection agreement between AT&T Wireless Service, Inc. and Verizon. See
Case No. GTE-T-99-3, Order No. 28229.
5. Verizon Northwest. Inc. and Max-Tel Communications. Inc. (Case No. VZN-T-
0l-2). In this case, the parties request that the Commission approve a wireline interconnection
agreement. The terms and conditions of this agreement are similar to those previously approved
by the Commission. See Case No. VZN-T-00-3, Order No. 28577. However, Max-Tel does not
currently have a valid Certificate of Public Convenience and Necessity authorizing them to offer
the services covered by its interconnection agreement with Verizon. Max-Tel did file an
Application for a Certificate. However, the Commission conditioned the issuance of this
Certificate on the Company posting a $5,000 performance bond and filing its final tariff. See
ORDERNO. 28656
Case No. GNR-T-97-2, Order Nos. 27018 and 27122. Max-Tel has never satisfied these
conditions, thus it still has not obtained a valid Certificate.
6. Owest Corporation and Multiband Communications. LLC. (Case No. USW-T-99-
3Q. ln this Application, the parties request that the Commission approve the First and Second
Amendments to the existing Wireline lnterconnection Agreement for the state of Idaho. The
First Amendment is made in order to replace the Line Sharing Agreement entered into by the
parties in April 2000. It replaces rates, terms and conditions in the original Agreement. The
Second Amendment is made to replace both the terms and conditions regarding Line Sharing that
are stated in the original Agreement and the First Amendment. To the extent Multiband is
intending to offer local exchange service through its interconnection agreement with Qwest it
does not have a valid Certificate of Public Convenience and Necessity. To the extent Multiband
is offering non-basic local exchange services it has not complied with the requirements of ldaho
Code $$ 62-604 and62-606.
7. Owest Corporation and Pac-West Telecom. Inc. (Case No. OWE-T-0I-2). In this
case, the parties request that the Commission approve a wireline interconnection agreement. Pac-
West has chosen to adopt the terms and conditions of the existing interconnection agreement
between AT&T Corporation and Qwest Corporation f.k.a. U S WEST Communications, Inc.
Case Nos. USW-T-96-15 and ATT-T-96-1.
8. Qwest Corporation and Washinston RSA No. 8. LP (Case No. OWE-T-O1-l). In
this Application, the parties request that the Commission approve a Type 2 Wireless
Interconnection Agreement for the state of Idaho. The rates and terms of the interconnection
agreement are similar to those previously approved by the Commission. See Case No. USW-T-
97-7, Order No. 27039.
STAF'F ANALYSIS AND RECOMMENDATION
The Staff has reviewed these Applications and did not find that any terms and
conditions to be discriminatory or contrary to the public interest. Staff believes that the
interconnection agreements and the amendments to interconnection agreements are consistent
with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act. Accordingly, Staff believes that the Applications merit the
Commission' s approval.
ORDER NO. 28656
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.S.C. 5 252 (eXl). 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 telecommunication 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, the Staffs
recommendation and on the fact no other person commented on these Applications, the
Commission finds that the above interconnection agreements and amendments to previously
approved interconnection agreements are consistent with the public interest, convenience and
necessity and do not discriminate. Therefore, the Commission finds that these Applications
should be approved.
ORDER
IT IS HEREBY ORDERED that the interconnection agreements and amendments to
interconnection agreements discussed above are approved. Terms of the agreements that are not
already in effect shall be effective as of the date of this Order.
IT IS FURTHER ORDERED that the Second and Third Amendments to the existing
Interconnection Agreement between Qwest Corporation and FairPoint Communications, Inc., in
Case No. USW-T-00 -13, are approved.
IT IS FURTHER ORDERED that the Second and Third Amendments to an existing
Wireline Interconnection Agreement between Qwest Corporation and Advanced TelCom, Inc.,
in Case No. USW-T-98-22, are approved.
IT IS FURTHER ORDERED that the Fourth and Fifth Amendments to an existing
Wireline Interconnection Agreement between Qwest Corporation and DSLnet Communications,
LLC, in Case No. USW-T-99-19, are approved.
IT IS FURTHER ORDERED that the Wireless Interconnection Agreement between
Verizon Northwest, Inc. and Washington RSA No. 8, LP, in Case No. VZN-T-01-1, is approved.
IT IS FURTHER ORDERED that the Resale Interconnection Agreement between
Verizon Northwest, Inc. and Max-Tel Communications, Inc., in Case No. VZN-T-01-2, is
approved. However, Max-Tel may not begin to provide service in Idaho until it has secured a
ORDERNO. 28656
valid Certificate of Public Convenience and Necessity from the Commission by posting a $5,000
performance bond and filing its final tariff. See Order Nos. 27018 and27l22.
IT IS FURTHER ORDERED that the First and Second Amendments to the existing
Wireline Interconnection Agreement between Qwest Corporation and Multiband
Communications, LLC, in Case No. USW-T-99-30, are approved. Approval of this Agreement
does not negate the Company's responsibilities to obtain a Certificate of Public Convenience and
Necessity if it is offering local exchange services or complying with ldaho Code $$ 62-604 afi
62-606 if it only provides other telecommunications services.
IT IS FURTHER ORDERED that the Wireline Interconnection Agreement between
Qwest Corporation and Pac-West Telecom, Inc., in Case No. QWE-T-O1-2, is approved.
IT IS FURTHER ORDERED that the Type 2 Wireless Interconnection Agreement
between Qwest Corporation and Washington RSA No. 8, LP, in Case No. QWE-T-01-1, is
approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in these Case Nos. USW-T-
00- 1 3, usw-T-98-22, USW-T -99-t9, VZN-T-0 I - 1, VZN-T-o 1 -2, USW-T-99-3 0 QWE-T-0 I -2,
QWE-T-01-l 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 or in interlocutory Orders previously
issued in these cases. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. See ldaho Code $$ 6l-626 and 62-619.
oRDER NO. 286s6
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this ALL
day ofFebnrary 2001.
ATTEST:
O:uswt00l3 9822 9919 30_qwet0l2_l_vzntOll 2
H. SMITH, COMMISSIONER
COMMISSIONER
Commission Secretary
ORDERNO. 28656