28371.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF GTE NORTHWEST INCORPORATED AND AVISTA COMMUNICATIONS OF IDAHO, INC. FOR APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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NOTICE OF APPLICATION

NOTICE OF MODIFIED PROCEDURE

ORDER NO. 28371

NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on April 21, 2000, GTE Northwest Incorporated (GTE) and Avista Communications of Idaho, Inc. (Avista) filed a Joint Application for approval of supplementing the terms to a previously adopted interconnection agreement between GTE and Avista. The Joint Application states that the 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.
YOU ARE FURTHER NOTIFIED that the Commission previously approved the underlying Interconnection Agreement on April 18, 2000, in Order No. 28341.
YOU ARE FURTHER NOTIFIED that the Joint Application states that Avista desires to supplement the adopted terms with the new FCC rules regarding collocation. See In the Matter of Deployment of Wireline Services Offering Advanced Telecommunications Capability, CC Docket No. 98-147, FCC 99-48 (the “FCC Collocation Rules”), issued March 31, 1999.
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.

GTE and Avista jointly assert that the supplementing terms to the adopted agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
YOU ARE FURTHER NOTIFIED that the Commission reviewed the filings of record in Case No. GTE-T-00-5 and determined that the public interest may not require a hearing to consider the issues presented and that the issues raised by the Joint Application 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 this proceeding 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 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 written comments concerning Case No. GTET00-5 should be mailed to the Commission and GTE and Avista at the addresses reflected below:

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

STREET ADDRESS FOR EXPRESS MAIL:

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

SUE LAMB
AVISTA COMMUNICATIONS OF IDAHO, INC.
118 N. STEVENS
SPOKANE, WA 99201

All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Joint Application, Agreement and amendment to 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 amendment to the underlying agreement between GTE and Avista be processed by Modified Procedure, Commission Rules of Procedure 201-204; IDAPA 31.01.01.201-04.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of May 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

bls/O:gtet005_amend_modproc

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28371 -1-

Office of the Secretary
Service Date
May 4, 2000