20070328final_order_no_30285.pdf

Office of the Secretary
Service Date
March 28, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND KMC DATA CASE NO. QWE-07-
LLC FOR APPROVAL OF AN AMENDMENT
TO AN EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.e. ~
252(e).
IN THE MATTER OF THE APPLICATION OF
VERIZON NORTHWEST INe. AND CASE NO. VZN- T -06-
360NETWORK (USA) INe. FOR APPROVAL
OF AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e).ORDER NO. 30285
In these cases, the Commission is asked to approve a newly negotiated
interconnection agreement and amendments to an existing and previously approved
interconnection agreement. With this Order the Commission approves the Applications.
BACKGROUND
Under the prOVlSlons 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
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.
THE CURRENT APPLICATIONS
1. Owest Corporation and KMC Data LLC (Case No. OWE-07-0l)This
Application seeks approval of an agreement for KMC Data LLC to adopt in its entirety, the
ORDER NO. 30285
terms of the interconnection agreement and associated amendments between 360networks
(USA), Inc, and Qwest Corporation, The Qwest/360networks Agreement was approved by the
Commission on March 7, 2006 in Order No. 29986,
2, Verizon Northwest Inc, and 360networks (USA) Inc, (Case No, VZN-06-08)
On February 26, 2007, Verizon Northwest, Inc. submitted an Application for an amended
interconnection agreement with 360networks (USA) Inc, In this Application, the parties seek
Commission approval to enter into an amended agreement to the Statement of Generally
Accepted Terms (SGA T) dated November 1 , 2004, Along with terms and conditions, the
agreement contains a unitary rate for inter-carrier compensation for certain types of traffic
interconnection architecture arrangements, DSO loop rates and resale discount rates,
ST AFF 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
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommended
Commission approval ofthe Applications,
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U,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 Staff's 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 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 NO, 30285
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement of Qwest
Corporation and KMC Data, LLC, Case No, QWE-07-, is approved,
IT IS FURTHER ORDERED that the amendment to the Interconnection Agreement
ofVerizon Northwest, Inc, and 360networks(USA) Inc" Case No. QWE-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 9 61-
626,
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this .:2. ~r'"
day of March 2007.
L KJEL ER, PRESIDENT
MARSHA H, SMITH, COMMISSIONER
ATTEST:
til!::l\if .ie D, Jewell
Co mission Secretary
O:QWE-07-- VZN-O6-
ORDER NO. 30285