20071219final_order_no_30475.pdf

Office of the Secretary
Service Date
December 19, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
VERIZON NORTHWEST INC. FOR APPROVAL
OF ELTOPIA COMMUNICATIONS LLC'
ADOPTION OF THE INTERCONNECTION
AGREEMENT BETWEEN NORTHWEST
TELEPHONE, INC. AND VERIZON
NORTHWEST INC. PURSUANT TO 47 U.e. ~ 252(i)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF
ITS INTERCONNECTION AGREEMENT WITH
UTILITY TELEPHONE, INe. PURSUANT TO 47
C. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND ALL TEL
COMMUNICATIONS, INC. FKA WWC
HOLDING CO., INC. FOR APPROVAL OF AN
AMENDMENT TO ITS INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.e. ~ 252(e)
CASE NO. VZN-07-
CASE NO. QWE-07-
CASE NO. QWE-00-
ORDER NO. 30475
In these consolidated cases the Commission is asked to approve the adoption of a
previously approved Interconnection Agreement, a new Interconnection Agreement and an
amendment to an approved Interconnection Agreement. With this Order, the Commission
approves these Agreements.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements, including amendments thereto, 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
ORDER NO. 30475
either the FCC rules or with the provision of Section 251(b) or (c).Order No. 28427 at
(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.
Additionally, local exchange carriers are required to "make available any intercOlmection
service, or network element provided. . . to any other requesting telecommunications carrier
upon the same terms and conditions as those provided in the agreement." 47 u.S.C. ~ 252(i).
THE CURRENT APPLICATIONS
1. Verizon Northwest Inc. and Eltopia Communications, LLC, Case No. VZN-07-
. In this Application, the parties seek the Commission s approval of Eltopia s agreement with
Verizon to adopt the Interconnection Agreement between Verizon and Northwest. Eltopia has
agreed to adopt the following elements from the VerizonINorthwest Agreement: Reciprocal
Compensation Termination Traffic; Resale Services; Prices for Unbundled Network Elements;
Collocation Rates; and various other interconnection and wholesale rates.
2. Qwest Corporation and Utility Telephone, Inc., Case No. QWE-07-11.In this
Application, the parties seek the Commission s approval of their Interconnection Agreement.
The parties have reached an agreement that includes terms and conditions, pricing, ancillary
services and resale of telecommunications services within the state ofIdaho. The parties reached
their agreement through voluntary negotiations and without mediation or arbitration.
3. Qwest Corporation and Alltel Communications, Inc. flea WWC Holding Co., Inc.,
Case No. QWE-00-. In this Application, the parties seek the Commission s approval of an
amendment to their Interconnection Agreement.The Commission approved the original
Interconnection Agreement between the parties on September 26, 2000. See Order No. 28518.
Effective August 1 , 2005, Alltel acquired the entire CMRS operations of Western Wireless
Corporation, including subsidiaries WWC Holding Co., Inc. and WWC License, LLc. Qwest
states that its filing amends the Type 2 Wireless Interconnection Agreement between Qwest and
Alltel and sets forth terms and conditions for Single Point of Presence in the Local Access and
Transport Area (LATA), as provided for in Attachment I and Exhibit A of the Company s filing.
The parties agreed to the amendment through voluntary negotiations and without mediation or
arbitration.
ORDER NO. 30475
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
Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly,
Staff recommended that the Commission approve the aforementioned Applications.
CO MMISSI ON D ECISI
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.C. ~
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 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 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 ~~ 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 Eltopia Communications, LLC's agreement to adopt
the interconnection agreement between Verizon Northwest Inc. and Northwest Telephone, Inc.
Case No. VZN-07-, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and Utility Telephone, Inc., Case No. QWE-07-, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Alltel Communications, Inc. flea WWC Holding Co., Inc., Case
No. QWE-00-, is approved.
ORDER NO. 30475
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 ~~ 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of December 2007.
.J-A Q56J
MACK A. REDFORD, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Je D. Jewel
ission Secretary
O:VZN-07-0S - QWE-O7-- QWE- T-OO-
ORDER NO. 30475