19971121Order NO 27216.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF NEXTEL COMMUNICATIONS AND GTE NORTHWEST INCORPORATED FOR APPROVAL OF AN AGREEMENT FOR INTERCONNECTION PURSUANT TO 47 U.S.C.  252(e).
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ORDER NO. 27216

On August 18, 1997, GTE Northwest Incorporated (GTE) and Nextel Communications (Nextel) filed an Application for approval of an interconnection agreement arrived at through voluntary negotiations. The Agreement is a wireless interconnection agreement and is submitted for approval pursuant to 47 U.S.C.  252(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the Act). The agreement submitted by the parties provides for the parties to interconnect their facilities and for reciprocal compensation, and will enable Nextel to enter the wireless market in GTEs service area.
On September 9, 1997, the Commission issued a Notice of Joint Petition and Notice of Modified Procedure. Written comments were filed only by the Commission Staff, which recommended approval of the wireless interconnection agreement.
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement reached through voluntary negotiations only if the Commission finds that
(i) the agreement (or portions thereof) discriminates against a telecommunications carrier not a party to the agreement; or

(ii) the implementation of such agreement or portion is not consistent with the public interest, convenience and necessity.

The parties assert that the Agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
Staff reviewed the Agreement between GTE and Nextel to determine that it is consistent with the requirements of the Telecommunications Act, and recommends approval. Based on the recommendation of the Staff, we find that the wireless interconnection agreement between GTE and Nextel should be approved.

O R D E R
IT IS HEREBY ORDERED that the wireless interconnection agreement between GTE Northwest Incorporated and Nextel Communications 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-97-10 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-97-10 . Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code  61626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of November 1997.

DENNIS S. HANSEN, PRESIDENT

RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

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ORDER NO. 27216 -1-

Office of the Secretary
Service Date
November 21, 1997