20081105final_order_no_30669.pdf

Office ofthe Secretary
Service Date
November 5, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
VERIZON NORTHWEST INc. FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH ACCESS POINT, INC.
PURSUANT TO 47 U.c. ~ 252(e)
CASE NO. VZN-08-
ORDER NO. 30669
In this case the Commission is asked to approve an Interconnection Agreement
between Access Point, Inc. and Verizon Northwest Inc. With this Order, the Commission
approves the Agreement.
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. ~ 252(e)(I). 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. ~51.3.
THE APPLICATION
On October 10, 2008, Verizon submitted an Application for approval of its
Interconnection Agreement with Access. The Application lists certain rates, terms, pricing,
telecommunications services and ancillary services available for resale within the geographical
areas in which both parties are providing local exchange service at the same time, and for which
Verizon is the incumbent local exchange carrier within the State of Idaho. Finally, Verizon
asserts that the parties' Agreement was jointly entered into through voluntary negotiations.
ORDER NO. 30669
ST AFF RECOMMENDATION
The 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
Agreement is 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 Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, Interconnection Agreements
including Amendments thereto, must be submitted to the Commission for approval. 47 US.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 Application and the Staff s recommendation, the
Commission finds that the Agreement is consistent with the public interest, convenience and
necessity and does not discriminate. Therefore, the Commission finds that the Agreement should
be approved. Approval of this Agreement does not negate the responsibility of either party to
this Agreement 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 Interconnection Agreement between Access
Point, Inc. and Verizon Northwest Inc., Case No. VZN-08-, 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 ~~ 61-
626 and 62-619.
ORDER NO. 30669
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this SH:-
day of November 2008.
ATTEST:
tdiJe n D. Jewell
mission Secretary
O:VZN-08-
ORDER NO. 30669
MACK A. REDFORD, P
~~
MARSHA H. SMITH, COMMISSIONER