28482.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

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

ORDER NO. 28482

On June 30, 2000, GTE Northwest Incorporated and New Edge Network, Inc. d.b.a. New Edge Networks filed an Amendment to an existing interconnection agreement between them. On July 24, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure. Order No. 28455. The Commission Staff filed its comments on August 14, 2000. The Staff was the only party to file comments.
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.
On May 9, 2000, in Order No. 28373 the Commission approved New Edge Networks’ underlying interconnection agreement with GTE. In reviewing the Amendment to this agreement the Staff noted that the language of the Amendment adds terms and conditions for line sharing and found that these items will be available to other competitors and increase their options. Staff Comments at 2. As such Staff did not find any terms or conditions that were considered discriminatory. Id. Finally, the Staff concurred with the companies’ claim that the Agreement is consistent with the pro-competitive policies of the Commission, the Idaho Legislature, and the Telecommunications Act of 1996, making it consistent with the public interest. Id.
Based on the foregoing Staff in its comments recommended that the Amendment to the underlying interconnection agreement between these parties be approved. No other comments were filed.
COMMISSION FINDINGS
Under the terms of the Telecommunications Act, interconnection agreements and amendments to them 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 because no other party commented on the proposed Amendment, the Commission finds that it does not discriminate against other parties and is consistent with the public interest, convenience and necessity. Accordingly, the Amendment to this interconnection agreement is approved.
O R D E R
IT IS HEREBY ORDERED that the Amendment to the interconnection agreement between GTE Northwest Incorporated and New Edge Networks, Inc. d.b.a. 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 August 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

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ORDER NO. 28482 -1-

Office of the Secretary
Service Date
August 25, 2000