19971217Order No 27265.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF GTE MACRO COMMUNICATIONS CORP. 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. 27265

On September 22, 1997, GTE Northwest Incorporated (GTE) and GTE Macro Communications Corp. (Mobilenet) filed a Joint 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). It provides for the parties to interconnect their facilities and for reciprocal compensation, and will enable Mobilenet to enter the wireless market in GTEs service area.
On October 17, 1997, the Commission issued a Notice of Joint Petition and a Notice of Modified Procedure. Only the Commission Staff filed comments during the comment period. In its comments, Staff noted that Mobilenet is a GTE affiliated corporation. The rates provided to Mobilenet in this wireless agreement are less than GTE has made available to other wireless providers. According to Staffs comments, GTE indicated the lower rates will be made available to other wireless carriers, and that GTEs already approved interconnection agreements could be modified to provide for the lower rates. Staff recommended approval of the agreement, conditioned on GTE making the same rates available to AT&T Wireless Services and Nextel Communications, two companies that have approved wireless interconnection agreements with GTE.
Under the terms of the Telecommunications Act of 1996 (Act), interconnection agreements must be submitted to the Commission for approval. 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.

We find that the final agreement between GTE and Mobilenet should be approved. However, to avoid unfair discrimination against other wireless carriers, approval should be conditioned on GTE making the same rates available in its interconnection agreements with other wireless telecommunications carriers.

O R D E R
IT IS HEREBY ORDERED that the Interconnection Agreement between GTE Macro Communications Corporation and GTE Northwest Incorporated is approved on the condition that GTE make the same rates available to other telecommunication carriers that have interconnection agreements with GTE. Terms of the agreement that are not already in effect shall be effective as of the date of this Order.
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-97-11 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-97-11. 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 December 1997.

DENNIS S. HANSEN, PRESIDENT

RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

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ORDER NO. 27265 -1-

Office of the Secretary
Service Date
December 17, 1997