20080411final_order_no_30527.pdf

Office of the Secretary
Service Date
April 11, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF VERIZON NORTHWEST INc. FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH BANDWIDTH.COM
CLEC, LLC PURSUANT TO 47 U.c. ~ 252(i)
IN THE MATTER OF THE APPLICATION
OF VERIZON NORTHWEST INc. FOR
APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~
252( e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH BANDWIDTH.COM
CLEC, LLC PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROV AL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~
252( e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e)
IN THE MATTER OF THE 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)
ORDER NO. 30527
CASE NO. VZN- T -08-
) CASE NO. VZN-07-
) CASE NO. QWE- T -08-
) CASE NO. QWE-05-
) CASE NO. QWE-04-
) CASE NO. USW-00-
) ORDER NO. 30527
In these consolidated cases the Commission is asked to approve varIOUS
Interconnection Agreements and amendments to previously approved Interconnection
Agreements. With this Order, the Commission approves these agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
47 U.C. 9252(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. 9 252(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. 9 51.3. Additionally, local exchange
carriers are required to "make available any interconnection, service, or network element
provided. . . to any other requesting telecommunications carrier upon the san1e terms and
conditions as those provided in the agreement." 47 U.C. 9252(i).
THE CURRENT APPLICATIONS
1. Verizon Northwest Inc. and Bandwidth.com CLEc. LLC (Case No. VZN-08-
01). In this Application, the parties seek the Commission s approval of an Interconnection
Agreement that includes various terms and conditions pertaining to unbundled network elements
ancillary services, and the resale of telecommunications services.
2. Verizon Northwest Inc. and Metropolitan Telecommunications of Idaho, Inc. dba
METTEL (Case No. VZN-07-01). In this Application, the parties seek the Commission
approval of an amendment to an Interconnection Agreement initially approved by the
Commission on February 27, 2007. See Order No. 30257. The proposed amendment would
alter the terms governing the intercarrier compensation rates for transport and termination of
traffic.
ORDER NO. 30527
3. Qwest Corporation and Bandwidth.com CLEc. LLC (Case No. QWE-08-0l)
In this Application, the parties seek the Commission s approval of an Interconnection Agreement
that includes terms and conditions for network elements, interconnection, additional services
traffic exchange, collocation, 911 services and pricing.
4. Qwest Corporation and Transnational Communications International, Inc. (Case
No. QWE-05-09). In this Application, the parties seek the Commission s approval of an
amendment to an Interconnection Agreement initially approved by the Commission on May 5
2005. See Order No. 29776. The proposed amendment would replace the current Agreement
between the parties with the QWEST Local Services Platform Agreement ("QLSP"
5. Qwest Corporation and 1-800 Reconex, Inc. dba USTel (Case No. QWE-04-
12). In this Application, the parties seek the Commission s approval of an amendment to an
Interconnection Agreement initially approved by the Commission on June 24, 2004. See Order
No. 29530. The proposed amendment would alter the original Agreement by adopting certain
provisions of Qwest's Local Services Platform Agreement (QLSP) including, but not limited to
certain combinations of network elements, ancillary functions, and additional features such as the
local loop, port, switching and shared transport. The filing also includes attachments outlining
definitions, service description, performance targets for service and rates under the QLSP.
6. Qwest Corporation and lonex Communications North, Inc. fka Advanced
Communications Group and FirsTel, Inc. (Case No. USW - T -00-10). In this Application, the
parties seek the Commission s approval of an amendment to an Interconnection Agreement
initially approved by the Commission on June 13 , 2000. See Order No. 28396. The proposed
amendment would alter the original Agreement by adopting Qwest's Local Services Platform
Agreement (QLSP) and transfer certain combinations of network elements, ancillary functions
and additional features such as the local loop, port, switching and shared transport. The filing
also includes an attachment that provides for definitions of the QLSP, as well as performance
measures, rates, terms and conditions for each element agreed to by the parties.
STAFF RECOMMENDATION
The Staff reviewed the Applications and did not find any terms or conditions that it
considered to be discriminatory or contrary to the public interest. Staff believes that the
Agreements and amendments are consistent with the pro-competitive policies of this
ORDER NO. 30527
Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly,
Staff recommended that the Commission approve the aforementioned Applications.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.C. 9
252(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 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 Agreements should
be approved. 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 interconnection agreement between Verizon
Northwest Inc. and Bandwidth.com CLEC, LLC, Case No. VZN-08-, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Verizon Northwest Inc. and Metropolitan Telecommunications of Idaho, Inc. dba
METTEL, Case No. VZN-07-, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Bandwidth.com CLEC, LLC, Case No. QWE-08-, is
approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Transnational Communications International , Inc., Case No.
QWE-05-, is approved.
ORDER NO. 30527
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and 1-800 Reconex, Inc. dba USTel fka Advanced Communications
Group and FirsTel, Inc., Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation, Case No. USW-00-, 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 9961-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this / / rI-
day of April 2008.
MACK A. REDFORD, PRESIDENT
u~-
MARSHA H. SMITH, COM ISSIONER
ATTEST:
t-&~D. Jewe
mISSIOn Secretary
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ORDER NO. 30527