HomeMy WebLinkAbout20020522Order No 29033.pdfOffice of the Secretary
Service Date
May 22, 2002
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND LEVEL 3
COMMUNICATIONS, LLC FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-02-8
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND AT&T
WIRELESS FOR APPROVAL OF AN
AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-97-10
IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST, INC. AND LEVEL 3
COMMUNICATIONS, LLC. FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. VZN-T-02-4
ORDER NO. 29033
In these cases the Commission is asked to approve two new interconnection
agreements and an amendment to a previously approved interconnection agreement.
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.
ORDER NO. 29033 1
THE CURRENT APPLICATIONS
The Agreements and amendment to an Agreement are discussed in greater detail
below.
1. Qwest Corporation and Level 3 Communications, LLC. (Case No. QWE-T-02-
8). In this Application the parties request that the Commission approve Level 3’s adoption of the
interconnection agreement between Qwest and Bridgeband Communications, Inc. See Order No.
28940.
2. Qwest Corporation and AT&T Wireless. (Case No. USW-T-97-10). In this
Application the parties request that the Commission approve an amendment to the existing
interconnection agreement. This amendment adds terms and conditions for Internet Service
Providers.
3. Verizon Northwest, Inc. and Level 3 Communications, LLC. (Case No. VZN-T-
02-4). In this Application the parties request that the Commission approve Level 3’s adoption of
the interconnection agreement between Verizon Northwest, Inc. and Ciera Network Systems,
Inc. See Order No. 28965.
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 the amendment to a previously approved interconnection agreement 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 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 Applications, the Staff’s
recommendation and on the fact no other person commented on these Applications, the
Commission finds that the new interconnection agreements and the amendment to a previously
ORDER NO. 29033 2
approved interconnection agreement 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 Applications 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 interconnection agreements and the
amendment to the previously approved interconnection agreement 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 interconnection agreement between Qwest
Corporation and Level 3 Communications, LLC, Case No. QWE-T-02-8, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and AT&T Wireless, Case No. USW-T-97-10, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Verizon
Northwest, Inc. and Level 3 Communications, LLC, Case No. VZN-T-02-4, 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. QWE-T-
02-8, USW-T-97-10 and VZN-T-02-4 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.
ORDER NO. 29033 3
ORDER NO. 29033 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of May 2002.
PAUL KJELLANDER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
Jean D. Jewell
Commission Secretary
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