28293.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF GTE NORTHWEST INCORPORATED AND COMM SOUTH COMPANIES, INC. FOR APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED RESALE AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. GTE-T-00-3

ORDER NO. 28293

On December 6, 1999, GTE Northwest Incorporated and Comm South Companies, Inc. filed a Joint Application for approval of an amendment to a previously approved resale agreement between the two Companies. The Joint Application stated that the amendment to the interconnection agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the Telecommunications Act of 1996. The Commission previously approved the underlying Resale Agreement in Order No. 278236 issued December 17, 1998.
On January 27, 2000, the Commission issued a Notice of Application and Notice of Modified Procedure. Order No. 28270. Comments were due February 17, 2000. The only comments filed were submitted by the Staff and it recommended approval. Based on the record, the comments and the law, the Commission approves the amendment to the interconnection agreement between GTE and Comm South.
BACKGROUND
Under the terms of the 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 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. 47 U.S.C.  252 (e)(2)(A). If the Commission does not act to approve or reject the agreement within 90 days after its submission, the agreement is deemed approved. 47 U.S.C.  252 (e)(4). The Commission’s decision is not reviewable by the state courts. Id.
The Joint Application stated that the initial agreement contained typographical errors that the parties corrected. The parties also desired to amend the language in Article III, Section 2.2 as follows:
2.2 Post-Termination Arrangements

Except in the case of termination as a result of either Party’s Default under Section 2.3 below, or a termination upon sale, pursuant to Section 2.4, for service arrangements made available under this Agreement and existing at the time of termination, those arrangements may continue:

Application at 1.
On February 10, 2000, the Commission Staff submitted comments in this matter. Staff reviewed the language of the proposed amendment and noted that the amendment merely corrects the typographical errors contained in one paragraph of the underlying agreement. Staff also concurred with GTE and Comm South’s claim that the amendment to the resale agreement is consistent with the public interest, convenience and necessity. Staff recommended approval of the amendment. No other comments were received.
COMMISSION FINDINGS
Under the terms of the Telecommunications Act of 1996, 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 comments and on the fact no other party commented, the Commission finds that the amendment to the underlying resale interconnection agreement between GTE and Comm South is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds this amendment to the interconnection agreement approved by Commission Order No. 28236 on December 17, 1999, should be approved.
O R D E R
IT IS HEREBY ORDERED that the amendment to the interconnection agreement between GTE Northwest Incorporated and Comm South Companies, Inc. 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 this Case No. GTE-T-00-3 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 this Case No. GTE-T-00-3. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of March 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

bls/O:gtet003

ORDER NO. 28293 -1-

Office of the Secretary
Service Date
March 2, 2000