28341.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF GTE NORTHWEST INCORPORATED FOR APPROVAL OF AVISTA COMMUNICATIONS OF IDAHO, INC.’S ADOPTION OF AN INTERCON-NECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(i).
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CASE NO. GTE-T-00-5

ORDER NO. 28341

On March 3, 2000, GTE Northwest Incorporated (“GTE”) filed an Application for approval of Avista Communications of Idaho, Inc.’s (“Avista”) adoption of a negotiated resale interconnection agreement entered into between GTE and Nextlink Idaho, Inc. that was approved by the Commission’s issuance of Order No. 28269. The Application stated that the underlying agreement was reached through voluntary negotiations without resort to mediation or arbitration, and the Application is submitted for approval pursuant to Section 252(i) of the federal Telecommunications Act of 1996. On March 14, 2000, the Commission issued a Notice of Application and Modified Procedure. Comments were due April 6, 2000. The Commission Staff filed comments recommending approval. Based on the record, the comments and the law, the Commission approves Avista’s adoption of the pre-existing interconnection agreement between GTE Northwest Incorporated and Nextlink Idaho, Inc.
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 foregoing requirement is equally applicable in cases such as this where the “agreement” between the parties to be interconnected is merely an adoption of a pre-existing agreement.
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 Application stated that approval of the adoption of the pre-existing agreement will allow Avista to resell GTE’s services. Based on its review of the agreement to be adopted and previously approved agreements, the Staff filed comments maintaining that the agreement, and its adoption, is consistent with the public interest, convenience and necessity and does not discriminate against other carriers. Staff recommended this proposed adoption of the pre-existing interconnection agreement be approved. No other comments were filed.
COMMISSION FINDINGS
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 the proposed adoption of the pre-existing agreement, the Commission finds that adoption by Avista Communications of Idaho, Inc. of the interconnection agreement between GTE Northwest Incorporated and Nextlink Idaho, Inc. is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds this proposed adoption of the aforementioned interconnection agreement should be approved.
O R D E R
IT IS HEREBY ORDERED that Avista Communications of Idaho, Inc.’s adoption of the interconnection agreement between GTE Northwest Incorporated and Nextlink Idaho, 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-00-5 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-00-5. 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 April 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

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ORDER NO. 28341 -1-

Office of the Secretary
Service Date
April 18, 2000