20040903Final Order No 29582.pdf

Office of the Secretary
Service Date
September 3 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF VERIZON NORTHWEST
INC. AND VERIZON AVENUE CORP. FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e).
ORDER NO. 29582
CASE NO. VZN-O4-
In this case the Commission is asked to approve a new interconnection agreement
between Verizon Northwest Inc. and Verizon Avenue Corp. In this Order the Commission
approves the Application.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 D.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 D.C. 9252(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 "
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 APPLI CA TI ON
In this Application the parties request that the Commission approve an agreement
similar to other agreements entered into by Verizon Northwest. The agreement also includes
Amendment No.1 which reflects the Triennial Review Order (TRO) implementation.
STAFF RECOMMENDATION
The Staff has reviewed the Application and did not find any terms and conditions to
be discriminatory or contrary to the public interest. Staff believes that the new interconnection
ORDER NO. 29582
agreement is consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff believes that the
Application merits 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.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 Application, and the Staff
recommendation, the Commission finds that the new agreement is consistent with the public
interest, convenience and necessity and does not discriminate. Therefore, the Commission finds
that this Application should be approved. However, approval of this new agreement does not
negate the responsibility of either of the parties to this agreement 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 new interconnection agreement between
Verizon Northwest Inc. and Verizon Avenue Corp., Case No. VZN-04-, as discussed above
is approved. Terms of the agreement that are not already in effect shall be effective as of the
date of this Order.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) issued in this Case No. VZN- T -04-9 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 issued in this Case No. VZN-04-9. 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. 29582
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;ZMi
day of September 2004.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
J a D. Jewell
ission Secretary
0: VZNT0409 dw
ORDER NO. 29582