28498.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF GTE NORTHWEST INCORPORATED AND PATHNET, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. GTE-T-00-12

ORDER NO. 28498
On July 14, 2000, GTE Northwest Incorporated and Pathnet, Inc. filed a Joint Application for approval of a negotiated agreement for interconnection of their respective networks in accordance with the federal Telecommunications Act of 1996. 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 July 31, 2000, the Commission issued a Notice of Application and Modified Procedure. Comments were due August 21, 2000. The Commission Staff filed comments recommending approval of the agreement. Based on the record, the comments and the law, the Commission approves the interconnection agreement between GTE Northwest Incorporated and Pathnet, Inc.
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 is in the public interest and will allow customers of these companies to communicate with each other. Based on its review of the Agreement and previously approved agreements, the Staff filed comments maintaining that it is 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
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 Northwest Incorporated and Pathnet, Inc. is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, it should be approved.
O R D E R
IT IS HEREBY ORDERED that the interconnection agreement between GTE Northwest Incorporated and Pathnet, Inc. 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-00-12 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-00-12. 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. 28498 -1-

Office of the Secretary
Service Date
September 1, 2000