28373_errata.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF GTE NORTHWEST INCORPORATED AND NEW EDGE NETWORK, INC. DBA NEW EDGE
NETWORKS FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. GTE-T-00-6

ORDER NO. 28376

On March 22, 2000, GTE Northwest Incorporated and New Edge Network, Inc. dba New Edge Networks filed a Joint Application for approval of a negotiated 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 March 31, 2000, the Commission issued a Notice of Application and Modified Procedure. Comments were due April 21, 2000. The Commission Staff filed comments recommending approval. Based on the record, the comments and the law, the Commission approves this interconnection agreement between GTE and New Edge.
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 the agreement will allow New Edge to resell GTE’s services. Based on its review of the agreement and previously approved agreements, the Staff filed comments maintaining that the agreement was consistent with the public interest, convenience and necessity and does not discriminate against other carriers. Staff recommended this 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 agreement, the Commission finds that the interconnection agreement between GTE and New Edge is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds this interconnection agreement should be approved.
O R D E R
IT IS HEREBY ORDERED that the interconnection agreement between GTE Northwest Incorporated and New Edge Network, Inc. dba New Edge Networks 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-00-6 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-00-6. 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 May 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

bls/O:gtet006_dh

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF GTE NORTHWEST INCORPORATED AND NEW EDGE NETWORK, INC. DBA NEW EDGE
NETWORKS FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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)
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)
)
)
)
CASE NO. GTE-T-00-6

ERRATA

On May 9, 2000, the Idaho Public Utilities Commission issued Order No. 28376, in the above referenced case. The following correction should be made to that Order.

In the Case Caption and Footer, where it reads:

“Order No. 28376”

Should read:

“Order No. 28373”

DATED at Boise, Idaho this day of May 2000.

Myrna J. Walters
Commission Secretary

bls/O:gtet006_errata

ORDER NO. 28376 -3-

Office of the Secretary
Service Date
May 9, 2000

Office of the Secretary
Service Date
May 15, 2000