28148.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE PETITION BY C-SYSTEMS, INC. D/B/A NETLINK FOR ARBITRATION WITH GTE NORTHWEST, INC. PURSUANT TO THE FEDERAL TELECOMMUNICATIONS ACT OF 1996. )
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CASE NO. CSY-T-99-1
GTE-T-99-2

NOTICE OF PETITION FOR
ARBITRATION

ORDER NO. 28148

TO: GTE Northwest Incorporated
YOU ARE HEREBY NOTIFIED that C-Systems, Inc. d/b/a Netlink on August 31, 1999, filed a Petition for Arbitration with this Commission pursuant to Section 252(b) of the federal Telecommunications Act of 1996. The Petition alleges that C-Systems requested interconnection, services or network elements with GTE Northwest Incorporated pursuant to Section 251 of the Act, that negotiations for an agreement have occurred but that several issues between the parties remain unresolved.
The Petition and Section 252 of the Act establish the following dates for an arbitration process:
Date negotiation request filed with GTE March 24, 1999 Date Arbitration Petition filed August 31, 1999 Date for GTE’s response to Petition September 27, 1999 Deadline for resolution by arbitration December 24, 1999
To ensure timely resolution of the Petition, the Commission may schedule a pre-arbitration conference. During the pre-arbitration conference, the parties must be prepared to identify specific issues that have been resolved and that remain unresolved, to discuss the need and schedule for exchanging information, and to determine a schedule for providing information and prefile testimony for the arbitration.
YOU ARE FURTHER NOTIFIED that C-Systems submits seven issues for arbitration. These issues include:

1. When terms, rates and conditions for service are specified in the interconnection agreement, may GTE unilaterally supercede such terms, rates and conditions through subsequent tariff filings with the Idaho Commission?

2. What are the appropriate performance specifications for GTE’s OSS electronic functionalities?

3. What are the parties liabilities in the event of willful misconduct or gross negligence?

4. If amendments to provisions of the interconnection agreement are required by subsequent changes to underlying regulations, court or agency decisions interpreting the agreement or if a provision is found to be invalid or unenforceable, should either party be able to terminate the agreement in its entirety?

5. What time frame is appropriate for implementing FCC rules regarding reciprocal compensation for Internet Service Provider (ISP) bound traffic – when such rules are effective or when they become “final and nonappealable”?

6. Must C-Systems provide GTE with the telephone numbers of C-Systems customers to calculate access charges?

7. May C-Systems interconnect with GTE’s tandem so C-Systems can route its customers’ emergency 911 calls to the PSAP?

The three-member commission may serve as an arbitration panel, or the commission may appoint a neutral third party to arbitrate any and all issues in dispute, with all costs to be paid by the parties. Following resolution of the disputed issues by arbitration, the Commission will have 30 days to approve the entire agreement of the parties pursuant to Section 252(e) of the Act.
The arbitrator will limit its consideration of the Petition to the issues set forth in the Petition and in the Response of GTE Northwest. The arbitrator may require the parties to provide information as may be necessary to reach a decision on the unresolved issues. If any party refuses or fails unreasonably to respond on a timely basis to any reasonable request for information, then the arbitrator may proceed on the basis of the best information available to it from whatever source is derived.
The Commission encourages the parties to continue their discussion to resolve these remaining issues. If the parties reach an agreement, it must be submitted to the Commission for approval pursuant to Section 252(e) of the Act.
YOU ARE FURTHER NOTIFIED that C-Systems requests that the Commission order GTE to enter into an interim interconnection agreement with C-Systems. C-Systems proposes that the interim interconnection agreement contain: “(1) the contract terms to which the parties have agreed and, (2) where there is not agreement, the language proposed by GTE.” Petition at 15, ¶ 35. C-Systems requests that the Commission direct GTE to work with C-Systems “to prepare and file for approval within 15 days an interim interconnection agreement based upon the currently agreed terms and the GTE proposals on the terms in dispute.” Id. at ¶ 36.
O R D E R
IT IS HEREBY ORDERED that GTE Northwest file a response to C-Systems’ Petition for Arbitration no later than September 27, 1999.
IT IS FURTHER ORDERED that GTE’s response to the Petition address C-Systems request that the Commission order GTE to enter an interim agreement until the Commission issues its arbitration Order.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this day of September 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:CSY-T-99-1/GTE-T-99-2_dh

NOTICE OF PETITION FOR ARBITRATION
ORDER NO. 28148 1

Office of the Secretary
Service Date
September 10, 1999