28516.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION FOR AMENDMENT OF AN INTERCONNECTION AGREEMENT BETWEEN GTE NORTHWEST INCORPORATED AND DSLNET COMMUNICATIONS, LLC PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. GTE-T-00-4

ORDER NO. 28516
On July 26, 2000, GTE Northwest Incorporated and DSLnet Communications, LLC filed a Joint Application for approval of an amendment to their previously approved, negotiated interconnection agreement. The Joint Application stated that the parties wished to amend their original agreement by adding terms, which are contained within an approved agreement between GTE and Nextlink Idaho, Inc. The parties state that by amending the terms of their original agreement they will implement the 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 99-355) (“Line Sharing Order”).
This application is submitted for approval pursuant to Section 252(e) of the federal Telecommunications Act of 1996. On August 8, 2000, the Commission issued a Notice of Application and Modified Procedure. Comments were due August 29, 2000. The Commission Staff filed comments recommending approval. Based on the record, the comments and the law, the Commission approves the amendment to this interconnection agreement between GTE Northwest Incorporated and DSLnet Communications, LLC.
BACKGROUND
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 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.
Based on its review of the agreement and previously approved agreements, the Staff filed comments maintaining that the agreement was consistent with the public interest, convenience and necessity and does not discriminate against other carriers. Staff recommended this interconnection agreement be approved. No other comments were filed.
COMMISSION FINDINGS
Under the terms of the Telecommunications Act, interconnection agreements and amendments to them 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, Staff’s recommendation and on the fact no other person commented, the Commission finds that the amendment to the previously approved interconnection agreement between GTE Northwest Incorporated and DSLnet Communications, Inc. is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds that the amendment to this interconnection agreement should be approved.
O R D E R
IT IS HEREBY ORDERED that the amendment to the interconnection agreement between GTE Northwest Incorporated and DSLnet Communications, 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-00-4 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-00-4. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61626 and 62-619.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of September 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

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ORDER NO. 28516 -1-

Office of the Secretary
Service Date
September 27, 2000