28470.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION FOR ADOPTION OF THE ARBITRATED INTERCONNECTION AGREEMENT BETWEEN GTE NORTHWEST INCORPORATED AND NEXTLINK IDAHO, INC. BY DSLnet COMMUNICATIONS LLC PURSUANT TO 47 U.S.C.  252(i). )
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CASE NO. GTE-T-00-4

NOTICE OF AMENDMENT TO AN EXISTING INTERCONNECTION AGREEMENT

NOTICE OF MODIFIED PROCEDURE

ORDER NO. 28470

NOTICE OF AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT

YOU ARE HEREBY NOTIFIED that on July 26, 2000, GTE Northwest Incorporated submitted supplementing adopted terms to an existing interconnection agreement between itself and DSLnet Communications, Inc. for review and approval. The Joint Application states that the amendment was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for the Commission’s approval pursuant to Section 252(e) of the federal Telecommunications Act of 1996.
The Commission approved DSLnet’s underlying interconnection agreement on April 28, 2000, in Order No. 28359.
YOU ARE FURTHER NOTIFIED that the Joint Application states that DSLnet desires to add the supplementing terms and conditions for Line Sharing pursuant to the Federal Communication Commission’s decision in Docket Nos. 98-147 and 96-98. See Federal Communications Commission’s (FCC) Third Report and Order in CC Docket No. 98-147 and Fourth Report and Order in CC Docket No. 96-98 (released December 9, 1999) (FCC 99-335) (Line Sharing Order).
YOU ARE FURTHER NOTIFIED that Section 252(e)(2) of the Act authorizes a state Commission to reject an agreement reached through voluntary negotiations only if the Commission finds that
(i) the agreement (or portions thereof) discriminates against a telecommunications carrier not a party to the agreement; or

(ii) the implementation of such agreement or portion is not consistent with the public interest, convenience and necessity.

The parties jointly assert that the amendment to the interconnection agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the Joint Application and determined that the public interest may not require a hearing to consider the issues raised by the Joint Application. Consequently, the Commission has determined that this case may be processed under Modified Procedure, i.e., by written submission rather than by hearing. See Commission Rules of Procedure, IDAPA 31.01.01.201-.204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in these proceedings unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. See IDAPA 31.01.01.203.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Joint Application may file a written comment in support or opposition with the Commission within twenty-one (21) days from the date of this Notice. The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. GTE-T-00-4 should be mailed to the Commission and GTE Northwest Incorporated and DSLnet Communications, Inc. at the addresses reflected below:

COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074

Street Address for Express Mail:

472 W WASHINGTON ST
BOISE, IDAHO 83702-5983 FRED LOGAN
DIRECTOR-REGULATORY &
GOVERNMENTAL AFFAIRS
GTE NORTHWEST INCORPORATED
17933 NW EVERGREEN PARKWAY
PO BOX 1100
BEAVERTON, OR 97075-1100

WENDY BLUEMLING
DSLnet COMMUNICATIONS LLC
545 LONG WHARF DRIVE, 5TH FLOOR
NEW HAVEN, CT 06511

All comments should contain the appropriate case caption and the appropriate case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. See IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that the Joint Application, the Interconnection Agreement and supplementing adopted terms to the Agreement together with supporting workpapers, and exhibits have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 and Title 62 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Title 61 or Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
O R D E R
IT IS HEREBY ORDERED that the matter set out above be processed by Modified Procedure, pursuant to the Commission’s Rules of Procedure 201-204; IDAPA 31.01.01.201-04. Persons interested in submitting written comments in these cases should file the comments with the Commission and the parties within 21 days of the service date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of August 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Barbara Barrows
Assistant Commission Secretary

bls/O:gtet004_amend

NOTICE OF AMENDMENT TO AN
EXISTING INTERCONNECTION AGREEMENT
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28470 1

Office of the Secretary
Service Date
August 8, 2000