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Home My WebLink About20050728final order no 29836.pdfOffice of the Secretary Service Date July 28, 2005 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND V CI CO MP ANY AKA VILAIRE COMMUNICATIONS FOR APPROVAL OF AN AMENDMENT TO AN EXISTING INTER CO NNECTI ON AGREEMENT PURSUANT TO 47 U.C. ~ 252(e) IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND PRIME TIME VENTURES LLC FOR APPROVAL OF AN AMENDMENT TO AN EXISTING INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252( e) IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND XO COMMUNICATIONS SERVICES INC. FKA XO IDAHO, INC. FOR APPROVAL OF AN AMENDMENT TO A WIRELINE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e) IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND IONEX COMMUNICATIONS NORTH INC. FKA ADVANCED COMMUNICATIONS GROUP AND FIRSTEL, INC. FOR APPROVAL OF AN AMENDMENT TO AN EXISTING INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e). IN THE MATTER OF THE JOINT APPLICATION OF VERIZON NORTHWEST INC. AND TRANS NATIONAL COMMUNICATIONS INTERNATIONAL, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT AND AMENDMENT PURSUANT TO 47 U.C. ~ 252( e) ORDER NO. 29836 CASE NO. QWE-05- CASE NO. QWE- T -05- CASE NO. QWE-02- CASE NO. USW-OO- CASE NO. VZN-05- ) ORDER NO. 29836 IN THE MATTER OF THE JOINT APPLICA TION OF VERIZON NORTHWEST INC. AND MCI WORLDCOM COMMUNICATIONS, INC. FOR APPROVAL OF AN AMENDMENT TO AN EXISTING INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e). IN THE MATTER OF THE JOINT APPLICATION OF VERIZON NORTHWESTINC. AND MCIMETRO ACCESS TRANSMISSION SERVICES FOR APPROVAL OF AN AMENDMENT TO AN EXISTING INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e) CASE NO. VZN-03- CASE NO. VZN-03- In these cases the Commission is asked to approve a new Agreement and to approve amendments to existing Agreements. With this Order the Commission approves the Agreements. BACKGROUND Under the prOVISIons of the federal Telecommunications Act of 1996 interconnection agreements must be submitted to the Commission for approval. 47 U.C. 9 the agreement: 252( e)(1). The Commission may reject an agreement adopted by negotiations only if it finds that (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 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 J." 47 C.F .R. 9 51.3. ORDER NO. 29836 THE CURRENT APPLICATIONS 1. Qwest Corporation and VCI Company aka Vilaire Communications, (Case No. QWE- T -05-. This Application amends the current interconnection agreement approved by the Commission on May 5, 2005 and incorporates the Triennial Review Order and Triennial Review Remand Order (TRO/TRRO). 2. Qwest Corporation and Prime Time Ventures LLC, (Case No. QWE-05- This Application amends the current interconnection agreement approved by the Commission on April 1 , 2005 and incorporates the TRO and TRRO and Line Splitting. 3. Qwest and XO Communications Services, Inc. fka XO Idaho, Inc., (Case No. QWE- T -02-. This is an Application to adopt an amendment to an existing agreement. The amendment adds terms and conditions for co-location. 4. Qwest Corporation and Ionex Communications North, Inc. fka Advanced Communications Group and FirsteL Inc., (Case No. USW-00-I0). This is an Application to adopt an amendment to an existing agreement. The amendment provides terms for elimination of UNE- P and the implementation of batch hot cut processes and discounts in accordance with the TRO and TRRO. 5. Verizon and Trans National Communications International. Inc. (Case No. VZN- T -05-This is an Application to adopt a new agreement. The agreement is similar to other agreements with Verizon previously approved by this Commission. The agreement includes the TRO Amendment" which implements changes in accordance with the FCC's Triennial Review Order (TRO) and Triennial Review Remand Order (TRRO). 6. Verizon and MCI WorldCom, (Case No. VZN-03-6) and Verizon and MCImetro Access Transmission Services, Inc., (Case No. VZN-03- 7)There are two Applications for these cases. The first, submitted April 22, 2005, is a March 11 amendment between Verizon s local exchange carriers, including Verizon Northwest Inc. and all of the MCI CLECs, including MCImetro Access Transmission Services LLC and MCI WorldCom Communications, Inc. The amendment increases the rates MCI will pay Verizon for DSO UNE- lines. The second amendment, submitted July 1 , 2005 which covers all Verizon local exchange companies as well as all MCI CLEC companies, revised the dates for the DSO increases in the March amendment. ORDER NO. 29836 STAFF RECOMMENDATION Staff has reviewed the Applications and does not find any terms or conditions to be discriminatory or contrary to the public interest. Staff believes that these Agreements are consistent with the pro-competitive policies of this Commission, the Idaho Legislature , and the federal Telecommunications Act. Accordingly, Staff recommended Commission approval of the Agreements. COMMISSION DECISION Under the terms of the Telecommunications Act, interconnection agreements must be submitted to the Commission for approval. 47 U.C. 9252(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 and the Staffs recommendation, the Commission finds that the Agreements are consistent with the public interest, convenience and necessity and do not discriminate. Therefore, the Commission finds that the Agreements should be approved. However, approval of these Agreements does not negate the responsibility of either of the parties to these Agreements to obtain a Certificate of Public Convenience and Necessity 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 IT IS HEREBY ORDERED that the amended Interconnection Agreement between Qwest Corporation and VCI Company aka Vilaire Communications, Case No. QWE-05-, is approved. IT IS FURTHER ORDERED that the amended Interconnection Agreement between Qwest Corporation and Prime Time Ventures LLC , Case No. QWE-05-, is approved. IT IS FURTHER ORDERED that the amended Interconnection Agreement between Qwest Corporation and XO Communications Services, Inc. fka XO Idaho, Inc., Case No. QWE- 02-, is approved. ORDER NO. 29836 IT IS FURTHER ORDERED that the amended Interconnection Agreement between Qwest Corporation and Ionex Communications North, Inc. fka Advanced Communications Group and Firstel, Inc., Case No. USW - T -00-, is approved. IT IS FURTHER ORDERED that the Interconnection Agreement and Amendment between Verizon Northwest Inc. and Trans National Communications International, Inc., Case No. VZN- T -05-, are approved. IT IS FURTHER ORDERED that the amended Interconnection Agreement between Verizon Northwest Inc. and MCI WorldCom, Case No. VZN-03-, is approved. IT IS FURTHER ORDERED that the amended Interconnection Agreement between Verizon Northwest Inc. and MCImetro Access Transmission Services LLC, Case No. VZN- 03- 7, 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. ORDER NO. 29836 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;J...?J -t-A day of July 2005. PAUL KJELD NDER, PRESIDENT f/ ~Jv MARSHA H. SMITH, COMMISSIONER ENNIS S. HANSEN, COMMISSIONER ATTEST: D. Jewell ission Secretary O:QWE- T-05-- QWE-05-- QWE- T-02-USW- T-OO-l 0- VZN-05-- VZN-03-- VZN- T-03- ORDER NO. 29836