28940.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST INC. AND
NEXTEL WEST CORP. FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. GTE-T-97-10

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND TIME
WARNER TELECOM OF IDAHO LLC FOR
APPROVAL OF AN AMENDMENT TO AN
EXISTING WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. USW-T-00-14

IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST INC. AND
VOICESTREAM WIRELESS CORPORATION
FOR APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. GTE-T-00-2

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND BRIDGEBAND
COMMUNICATIONS, INC. FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-01-26

IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST INC. AND VARTEC
TELECOM, INC. FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e).
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CASE NO. VZN-T-01-16

ORDER NO. 28940
In these cases, the Commission is asked to approve both new interconnection agreements and amendments to agreements that were previously approved by the Commission.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection agreements must be submitted to the Commission for approval. 47 U.S.C. § 252(e)(1). The Commission may reject an agreement adopted by negotiations only if it finds that the agreement: (1) discriminates against telecommunications carriers 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. § 252(e)(2)(A). As the Commission recently 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 provisions of Section 251(b) or (c).” Order No. 28427 at 11 (emphasis 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.F.R. § 51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve three amendments to existing interconnection agreements and two new interconnection agreements. These matters are discussed in greater detail below.
1. Verizon Northwest Inc. and NexTel West Corporation (Case No. GTE-T-97-10). In this Application, the parties request that the Commission approve an amendment to the existing agreement regarding reciprocal compensation for Internet traffic.
2. Qwest Corporation and Time Warner Telecom of Idaho LLC. (Case No. USW-T-00-14). In this Application, the parties request that the Commission approve an amendment to the existing wireline agreement regarding Local Number Portability Managed Cuts.
3. Verizon Northwest Inc. and VoiceStream Wireless Corporation (Case No. GTE-T-00-2). In this Application, the parties request that the Commission approve an amendment to the existing agreement regarding reciprocal compensation for Internet traffic.
4. Qwest Corporation and BridgeBand Communications, Inc. (Case No. QWE-T-01-26). In this Application, the parties request that the Commission approve a wireline interconnection agreement. The terms and conditions of the agreement appear to be the same as other agreements and amendments previously approved by this Commission.
5. Verizon Northwest Inc. and Vartec Telecom, Inc. (Case No. VZN-T-01-16). In this Application, the parties request that the Commission approve an interconnection agreement. The terms and conditions of the agreement appear to be the same as other agreements and amendments previously approved by this Commission.

STAFF RECOMMENDATION
The Staff has reviewed these Applications and did not find any terms and conditions to be discriminatory or contrary to the public interest. Staff believes that the interconnection agreements and the amendments to interconnection agreements are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff believes that the Applications merit the Commission’s approval.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be submitted to the Commission for approval. 47 U.S.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 telecommunication 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, the Staff’s recommendation and on the fact no other person commented on these Applications, the Commission finds that the above interconnection agreements and amendments to previously approved interconnection agreements are consistent with the public interest, convenience and necessity and do not discriminate. Therefore, the Commission finds that these Applications should be approved. However, approval of these Agreements and Amendments to Agreements does not negate the companies interconnecting with Qwest and Verizon from the responsibility to obtain a Certificate of Public Convenience and Necessity if they are offering local exchange services or from complying with Idaho Code §§ 62-604 and 62-606 if they are providing other non-basic local exchange telecommunications services as defined by Idaho Code § 62-603.
O R D E R
IT IS HEREBY ORDERED that the interconnection agreements and amendments to interconnection agreements discussed above are approved. Terms of the agreements that are not already in effect shall be effective as of the date of this Order.
IT IS FURTHER ORDERED that the amendment to an interconnection agreement between Verizon Northwest Inc. and NexTel West Corporation in Case No. GTE-T-97-10 is approved.
IT IS FURTHER ORDERED that the amendment to an existing interconnection agreement between Qwest Corporation and Time Warner Telecom of Idaho LLC in Case No. USW-T-00-14 is approved.
IT IS FURTHER ORDERED that the amendment to previously approved interconnection agreements between Verizon Northwest Inc. and VoiceStream Wireless Corporation in Case No. GTE-T-00-2 is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and BridgeBand Communications, Inc. in Case No. QWE-T-01-26 is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Verizon Northwest Inc. and Vartec Telecom, Inc. in Case No. VZN-T-01-16 is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in these Case Nos. GTE-T-97-10, USW-T-00-14, GTE-T-00-2, QWE-T-01-26, VZN-T-01-16 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in these cases. 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 January 2002.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:GTET9710_USWT0014_GTET002_QWET0126_VZNT0116_jh

ORDER NO. 28940 1

Office of the Secretary
Service Date
January 29, 2002