28965.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION FKA AS U S WEST
COMMUNICATIONS, INC., AND CELLCO
PARTNERSHIP DBA VERIZON WIRELESS FOR
APPROVAL OF TWO AMENDMENTS TO A TYPE
2 WIRELESS INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-97-11
USW-T-97-15

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND MCCLEODUSA
FOR APPROVAL OF AN AMENDMENT TO AN
EXISTING WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-00-7
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND VARTEC
TELECOM, INC. FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-02-01

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND ESCHELON
TELECOM, INC. FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING WIRELINE
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e). )
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CASE NO. QWE-T-00-13

IN THE MATTER OF THE JOINT APPLICATION
IN THE MATTER OF QWEST CORPORATION
AND VOICESTREAM WIRELESS
CORPORATION FOR APPROVAL OF A TYPE 2
WIRELESS INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-01-27

IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON AND CIERA NETWORK SYSTEMS
FOR APPROVAL OF A WIRELINE
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e). )
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CASE NO. VZN-T-01-15

ORDER NO. 28965

In these cases the Commission is asked to approve new interconnection agreements and amendments to previously approved interconnection agreements.
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)(1). 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 11 (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 51].” 47 C.F.R. § 51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve these new agreements and amendments to existing interconnection agreements. These agreements are discussed in greater detail below.
Qwest and Cellco Partnership d/b/a Verizon Wireless (Case Nos. USW-T-97-11 and USW-T-97-15). These are two amendments to a Type 2 Wireless Interconnection Agreement. The amendments implement FCC orders regarding reciprocal compensation.
Qwest and McLeodUSA (Case No. QWE-T-00-7). This is a CLEC to CLEC Cross Connection Amendment to the companies existing wireline interconnection agreement.
Qwest and VarTec Telecom, Inc. (Case No. QWE-T-02-1). This is a new interconnection agreement based upon Qwest’s Statement of Generally Available Terms and Conditions (SGAT).
Qwest and Eschelon Telecom, Inc. (Case No. QWE-T-00-13). This is an amendment to an existing wireline agreement that adds terms for Local Interconnection Service (LIS) Trunking.
Qwest and VoiceStream Wireless Corporation (Case No. QWE-T-01-27). This is a new Type 2 wireless interconnection agreement.
Verizon and Ciera Network Systems (Case No. VZN-T-01-15). This is a new wireline interconnection agreement for resale and unbundled network elements.
STAFF RECOMMENDATION
The Staff has reviewed these Applications and did not find any terms and conditions to be discriminatory or contrary to the public interest. Staff believes that these new agreements and 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.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be submitted to the Commission for approval. 47 U.S.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 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 Applications, the Staff’s recommendation and on the fact no other person commented on these Applications, the Commission finds that the new agreements and the 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. However, approval of these new agreements and amendments does not negate the responsibility of any of the parties to these agreements to obtain a Certificate of Public Convenience and Necessity if they are offering local exchange services or complying 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.
O R D E R
IT IS HEREBY ORDERED that the new 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 Amendments to the interconnection agreement between Qwest Corporation and Cellco Partnership dba Verizon Wireless, Case Nos. USW-T-97-11 and USW-T-97-15, are approved.
IT IS FURTHER ORDERED that the Amendment to an interconnection agreement between Qwest Corporation and McLeodUSA, Case No. QWE-T-00-7, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and VarTec Telecom, Inc., Case No. QWE-T-02-01, is approved.
IT IS FURTHER ORDERED that the Amendment to an existing interconnection agreement between Qwest Corporation and Eschelon Telecom, Inc., Case No. QWE-T-00-13, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and VoiceStream Wireless Corporation, Case No. QWE-T-01-27, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Verizon and Ciera Network Systems, Inc., Case No. VZN-T-01-15, 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-97-11, USW-T-97-15, QWE-T-00-7, QWE-T-02-1, QWE-T-00-13, QWE-T-01-27 and VZN-T-01-15 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 Idaho Code §§ 61-626 and 62-619.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of February 2002.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:USWT9711_QWET007_0013_0127_021_jh

ORDER NO. 28965 1

Office of the Secretary
Service Date
March 5, 2002