2000605_dh.doc

DECISION MEMORANDUM

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

FROM: DON HOWELL

DATE: JUNE 5, 2000

RE: 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). CASE NO. GTE-T-00-5.

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 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. On May 4, 2000, the Commission issued a Notice of Joint 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 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 May 25, 2000. No comments were filed.
Staff Recommendation:
Staff has reviewed the supplementing terms and has found that the terms are consistent with the public convenience and necessity. Staff recommends that the Joint Application for approval of supplementing the terms to a previously adopted interconnection agreement be approved.
Commission Decision:
Should the Joint Application of GTE Northwest Incorporated and Avista Communications of Idaho, Inc. for approval of supplementing the terms to a previously adopted interconnection agreement be approved?

Don Howell

Staff: Wayne Hart

bls/M:gtet005

DECISION MEMORANDUM 1