28543.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF GTE NORTHWEST INCORPORATED’S TARIFF ADVICE NO. 00-05 FOR APPROVAL OF ITS COLLOCATION SERVICES. )
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CASE NO. GTE-T-00-7

ORDER NO.  28543

Verizon Northwest, Inc., formerly GTE Northwest Incorporated, filed Tariff Advice No. 00-05 on April 28, 2000. The tariff proposed by Verizon provides Verizon’s terms, conditions and prices for elements that make up its collocation services. Collocation is the blanket term for the access Verizon must provide to a competitor to enable the competitor to connect its facilities to Verizon’s, including by physically locating facilities on Verizon’s premises. On May 16, 2000, the Commission issued Order No. 28378 suspending the proposed effective date for the tariff, and providing for processing the Tariff Advice by Modified Procedure with a 45-day comment period. See IDAPA 31.01.01.201-204. Written comments were filed by the Staff, AT&T Communications of the Mountain States, Inc. and Verizon. Staff and AT&T both recommended the Commission reject Verizon’s collocation tariff as improperly filed.
The Commission subsequently issued Order No. 28490 rejecting the proposed collocation tariff and closing the case. Verizon filed its Petition for Reconsideration on September 20, 2000, pursuant to Idaho Code § 61-626 and Rule 331 of the Commission’s Rules of Procedure. The Commission Staff filed an answer to Verizon’s Petition for Reconsideration on September 26, 2000.
Pursuant to Commission Rule of Procedure 331, a petition for reconsideration must “set forth specifically the ground or grounds why the petitioner contends that the order or any issue decided in the order is unreasonable, unlawful, erroneous or not in conformity with the law, and a statement of the nature and quantity of evidence for argument the petitioner will offer if reconsideration is granted.” IDAPA 31.01.01.331.01. In addition, a petition must state whether the petitioner requests reconsideration by evidentiary hearing, written briefs, comments, or interrogatories. IDAPA 31.01.01.331.03.
Verizon in its Petition did not provide a statement of the nature and quantity of evidence or argument it will offer if reconsideration is granted, nor did Verizon indicate whether it requests reconsideration by evidentiary hearing, written briefs, comments, or interrogatories. In fact, Verizon did not attempt to specifically identify any legal or factual error made by the Commission, and instead raised the same arguments it presented in its written comments. Verizon’s Petition merely restates its disagreement with the conclusion reached by the Commission in Order No. 28490 that there is no legal authority for the filing of a collocation tariff with the Idaho Commission. Accordingly, the Commission has determined that Verizon’s Petition for Reconsideration must be denied.
O R D E R
IT IS HEREBY ORDERED that the Petition for Reconsideration filed by Verizon Northwest, Inc. is denied.
THIS IS A FINAL ORDER ON RECONSIDERATION. Any party aggrieved by this Order or other final or interlocutory Orders previously issued in this Case No. GTE-T-00-7 may appeal to the Supreme Court of Idaho pursuant to the Public Utilities Law and the Idaho Appellate Rules. See Idaho Code § 61-627.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of October 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

vld/O: GTE-T-00-07_ws3

ORDER NO. 28543 1

Office of the Secretary
Service Date
October 16, 2000