20060707final_order_no_30097.pdf

Office of the Secretary
Service Date
July 7, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND XO CASE NO. QWE- T -02-
COMMUNICATIONS SERVICES, INc. FOR
APPROVAL OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF CASE NO. QWE-06-
THE ADOPTION OF THE SPRING
SPECTRUM L.P. INTERCONNECTION
AGREEMENT (APPROVED BY THE
COMMISSION ON NOVEMBER 27,2002
(ORDER NO. 29163) IN DOCKET NO. QWE- T -
01-21 FOR THE STATE OF IDAHO
PURSUANT TO 47 U.c. ~ 252(e))
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF CASE NO. QWE-06-
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
VERIZON NORTHWEST INc. AND TIME CASE NO. VZN- T -06-
WARNER TELECOM OF IDAHO LLC FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ORDER NO. 30097
252( e)
In these cases, the Commission is asked to approve an amendment to an existing and
previously approved Interconnection Agreement, two newly negotiated Interconnection
Agreements, and the adoption of an existing and previously approved Interconnection
Agreement by a third party. With this Order the Commission approves the Applications.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 U.C. ~
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
ORDER NO. 30097
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)." 47 C.R. ~ 51.3.
THE CURRENT APPLICATIONS
1. Qwest Corporation and XO Communications Services, Inc. (Case No. QWE-
02-. This Application seeks approval of an amendment setting the terms and conditions for
processing of orders for coordinated installations that occur outside of normal business hours.
The proposed rates are similar to those approved for similar work in other agreements previously
approved by this Commission.
2. Qwest Corporation and Nextel West Corp. (Case No. QWE-06-This
Application seeks approval of an agreement between Qwest and Nextel West to adopt, in its
entirety, the agreement between Qwest and Sprint Spectrum LLP , previously approved by this
Commission.
3. Qwest Corporation and Intermountain Communications of Southern Idaho, Inc.
dba Intermountain Communications (Case No. QWE-06-. This Application seeks approval
of a Type 1 and Type 2 Paging Connection Service Agreement. The agreement contains terms
and conditions similar to other paging agreements previously approved by this Commission.
4. Verizon Northwest Inc. and Time Warner Telecom of Idaho LLC (Case No.
VZN- T -06-. This Application seeks approval of an agreement between Verizon and Time
Warner to adopt the terms of the agreement between Verizon and Verizon Avenue Corp. that has
been previously approved by this Commission.
STAFF RECOMMENDATION
Staff reviewed the Applications and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
Applications are consistent with the pro-competitive policies of this Commission, the Idaho
ORDER NO. 30097
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommended
Commission approval of the Applications.
COMMISSION DECISION
Under the terms ofthe Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.C. ~ 252(e)(I). 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 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 Applications should
be approved. However, approval of these Applications 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 ~~ 62-604
and 62-606 if they are providing other non-basic local telecommunications services as defined by
Idaho Code ~ 62-603.
ORDER
IT IS HEREBY ORDERED that the amended Interconnection Agreement of Qwest
Corporation and XO Communications Services, Inc., Case No. QWE-02-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of Qwest
Corporation and Nextel West Corp., Case No. QWE-06-, is approved.
IT IS FURTHER ORDERED that the Type 1 and Type 2 Paging Connection
Agreement of Qwest Corporation and Intermountain Communications of Southern Idaho, Inc.
dba Intermountain Communications, Case No. QWE-06-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of Verizon
Northwest Inc. and Time Warner Telecom ofIdaho LLC, 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 ~ 61-
626.
ORDER NO. 30097
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of July 2006.
ATTEST:
~~
6& ~aAJur-Lu-X
Barbara Barrows
Assistant Commission Secretary
MARSHA H. SMITH, COMMISSIONER
O:QWE- T-02-- QWE-O6-- QWE-06-09 - VZN-O6-
ORDER NO. 30097