20060518final_order_no_30046.pdf

Office ofthe Secretary
Service Date
May 18 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
VERIZON NORTHWEST INc. AND ERNEST
COMMUNICATIONS, INC. FOR APPROVAL
OF AN INTERCONNECTION AGREEMENT
AND AMENDMENT TO THE
INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47
C ~ 252(e).
CASE NO. VZN-06-
ORDER NO. 30046
In this case, the Idaho Public Utilities Commission (Commission) is asked to approve
a newly negotiated Interconnection Agreement and an amendment to the same Agreement. With
this Order the Commission approves the Agreement and its amendment.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 U.C. g
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. g 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)." 47 C.R. g 51.
THE CURRENT APPLICATION
On April 27, 2006, Verizon Northwest Inc. filed an Application to approve a newly
negotiated Interconnection Agreement with Ernest Communications, Inc. and an amendment to
the same Agreement. The Agreement and amendment were jointly entered into between the
parties and provide for both companies to interconnect their facilities for the purpose of
providing customers with increased choices among local telecommunications services.
ORDER NO. 30046
ST AFF RECOMMENDATION
Staff has reviewed the Application and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest.Staff believes that the
Application is consistent with the recent orders by the Federal Communications Commission and
the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act of 1996. Accordingly, Staff recommended Commission approval of
the amendment to the Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.c. g 252(e)(1). The Commission s review is
limited. 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 Staffs recommendation, the
Commission finds that the Agreement and its amendment are consistent with the public interest
convenience and necessity and do not discriminate. Therefore, the Commission finds that the
Agreement and its amendment should be approved. However, approval of this Agreement and
its amendment does not negate the responsibility of either of the parties to the Agreement to
obtain a Certificate of Public Convenience and Necessity if they are offering local exchange
services or to comply with Idaho Code gg 62-604 and 62-606 if they are providing other non-
basic local telecommunications services as defined by Idaho Code g 62-603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement and amendment
thereto of Verizon Northwest Inc. and Ernest Communications, Inc., Case No. VZN-06-, is
approved.
THIS IS A FINAL ORDER. Any person interested in this Order 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. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code g 61-
626.
ORDER NO. 30046
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
/~r-
day of May 2006.
II/l /J
V~1
PAUL KJELLA DER, PRESIDENT
RSHA H. SMITH, COMMISSIONER
ATTEST:
Commission Secretary
O:VZN-06-
ORDER NO. 30046