20081230final_order_no_30711.pdf

Office of the Secretary
Service Date
December 30, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL CASE NO. USW-00-
OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
AMERICAN FIBER SYSTEMS, INe.
PURSUANT TO 47 U.e. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
VERIZON NORTHWEST INC. FOR CASE NO. VZN-08-
APPROVAL OF ITS AGREEMENT WITH
QWEST COMMUNICATION CORPORATION
TO ADOPT THE INTERCONNECTION
AGREEMENT BETWEEN VERIZON
NORTHWEST, INe. AND COVISTA, INC.,ORDER NO. 30711
PURSUANT TO 47 U.e. ~ 252(e)
In these cases the Commission is asked to approve an amendment to an existing
Interconnection Agreement between Qwest Corporation, f/k/a V S WEST and American Fiber
Systems, Inc. f/k/a Idacomm Inc., as well as an Agreement between Verizon Northwest Inc. and
Qwest Communications Corporation to adopt the Interconnection Agreement between Verizon
and Covista, Inc. With this Order, the Commission approves the parties' Interconnection
Agreement and Amendment.
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 V.C. g 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.S.C. g 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
ORDER NO. 30711
interconnection agreement adopted by negotiation even if the terms of the agreement do not
comply with the requirements of(Part 51)." 47 C.F .R. g 51.3.
THE APPLICATIONS
1. Qwest Corporation, f/k/a U S WEST and American Fiber Systems Inc., f/kia
Idacomm Inc., Case No. USW-00-17.
On November 17, 2008, Qwest filed an Application to amend the parties' existing
Interconnection Agreement that was initially approved by the Commission on August 8, 2000.
See Order No. 28463. The current Application provides for the adoption of the Qwest Local
Services Platform Agreement ("QLSP"). The QLSP , as adopted by American Fiber, is a
replacement of Qwest's Statement of Generally Available Terms and Conditions (SGAT). The
QLSP establishes rates, terms and conditions for interconnection and the purchase of certain
network facilities. Finally, the Application states that the amendment to the parties
Interconnection Agreement was reached through voluntary negotiations.
2. Verizon Northwest Inc. and Qwest Communications Corporation, Case No. VZN-
T -08-05.
On December 5 , 2008, Verizon filed an Application for approval of its Agreement
with Qwest Communications Corporation (QCC) to adopt the current Interconnection Agreement
between Verizon and Covista, Inc. The terms of the Verizon-Covista Agreement that QCC
agrees to adopt include, but are not limited to, the following: Reciprocal Compensation
Termination Traffic; Resale Services; Prices for Unbundled Network Elements; Collocation
Rates; and other interconnection and wholesale rates.
STAFF RECOMMENDATION
The Staff has 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
Interconnection Agreement and Amendment to the Interconnection Agreement 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
foregoing Agreements.
CO MMISSI 0 N D ECISI 0 N
Under the terms of the Telecommunications Act, Interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 u.S.C. g
ORDER NO. 30711
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 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 Agreements should
be approved. Approval of these Agreements does not negate the responsibility of either party 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 gg 62-604 and 62-606 if they are
providing other non-basic local telecommunications services as defined by Idaho Code g 62-603.
ORDER
IT IS HEREBY ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and American Fiber Systems, Inc., Case No. USW-00-, is
approved.
IT IS FURTHER ORDERED that the Agreement by Verizon Northwest, Inc. and
Qwest Communications Corporation to adopt the existing Interconnection Agreement between
Verizon Northwest Inc. and Covista, 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 gg 61-
626 and 62-619.
ORDER NO. 30711
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this .1...9 -I-A
day of December 2008.
MARSHA H. SMITH, COMMISSIONER
~/.
JIM D. KEMPTON, COMMISSIONER
ATTEST:
ff=(U ft_Je D. Jewell
Commission Secretary
O:USW-00-17 - VZN-08-
ORDER NO. 30711