28401.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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CASE NO. GTE-T-00-5

ORDER NO. 28401

On April 21, 2000, GTE Northwest Incorporated and Avista Communications of Idaho, Inc. filed a Joint Application for approval of supplementing the terms to a previously adopted interconnection agreement between the two Companies. The Joint Application stated 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 federal Telecommunications Act of 1996. On May 4, 2000, the Commission issued a Notice of Application and Modified Procedure. Comments were due May 25, 2000 but no comments were filed. Based on the record and the law, the Commission approves the supplementing terms to the previous approved interconnection agreement between GTE and Avista.
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.
The Joint Application stated that Avista desires to supplement the adopted terms with the new FCC rules regarding collocation. Based on its review of the agreement and previously approved agreements, the Staff recommended that the agreement was consistent with the public interest, convenience and necessity and does not discriminate against other carriers.
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, and on the fact no one commented on the proposed agreement, the Commission finds that the supplementing terms to the previously approved interconnection agreement between GTE and Avista is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds this amendment to the interconnection agreement should be approved.
O R D E R
IT IS HEREBY ORDERED that the supplementing terms to the previously approved interconnection agreement between GTE Northwest Incorporated and Avista Communications of 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 June 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:gtet005_amend_dh

ORDER NO. 28401 -1-

Office of the Secretary
Service Date
June 15, 2000