2000410_jc.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
TONYA CLARK
DON HOWELL
LYNN ANDERSON
STEPHANIE MILLER
JOE CUSICK
WAYNE HART
WORKING FILE

FROM: JEFF CAPELL

DATE: APRIL 10, 2000

RE: GTE NORTHWEST INCORPORATED’S APPLICATION FOR APPROVAL OF AVISTA COMMUNICATIONS OF IDAHO, INC.’S ADOPTION OF THE NEGOTIATED INTERCONNECTION AGREEMENT BETWEEN GTE NORTHWEST INCORPORATED AND NEXTLINK IDAHO INCORPORATED PURSUANT TO 47 U.S.C. § 252(i), CASE NO. GTE-T-00-5.

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 underlying agreement to be adopted was reached through voluntary negotiation without resort to mediation or arbitration, and this Application petitioning for approval of Avista’s adoption of that agreement is submitted pursuant to Section 252(i) of the Telecommunications Act of 1996. On March 14, 2000, the Commission issued a Notice of Application and Notice of Modified Procedure.
BACKGROUND
Under the terms of the Telecommunications Act of 1996, interconnection agreements and amendments to those agreements must be submitted to the Commission for approval. 47 U.S.C. §252 (e)(1). The foregoing requirement naturally applies 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.
In the Commission’s Notice of Modified Procedure, persons interested in submitting comments were requested to do so no later than April 6, 2000. The only comments received were those filed by the Commission Staff. In its comments, Staff found that the agreement, and its adoption by Avista, is consistent with the public convenience and necessity. Staff recommended that the Application for the adoption of the interconnection agreement be approved.

Commission Decision:
Should GTE’s Application for approval of Avista’s adoption of the pre-existing interconnection agreement between GTE and Nextlink be approved?

Jeff H. Capell

Staff: Wayne Hart

M:gtet005_jc_decmemo

DECISION MEMORANDUM 2

DECISION MEMORANDUM 2