19990218Order No 27919.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF GTE NORTHWEST INCORPORATED FOR APPROVAL OF AN INTERCONNECTION AGREEMENT WITH PREPAID LOCAL ACCESS SERVICE COMPANY PURSUANT TO 47 U.S.C.  252(e).
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CASE NO. GTE-T-98-6

ORDER NO. 27919

On November 27, 1998, GTE Northwest Incorporated (GTE) filed an Application for approval of an Interconnection Agreement. The Agreement provides for GTE and Prepaid Local Access Service Company (Prepaid) to interconnect their facilities and interchange traffic. This Agreement was reached through voluntary negotiations without resort to mediation or arbitration 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).
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.

GTE asserts that the Agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
On January 13, 1999, the Commission issued a Notice of Modified Procedure and Notice of Joint Petition to process the Application. Written comments were filed only by the Commission Staff. Staff reviewed the terms of the agreement and recommended approval of the agreement as filed. Staff also noted that terms of the agreement to impose an interim universal service support charge upon all resold basic services is being litigated in another forum. Staff therefore recommended approval, but also recommended the Commissions Order indicate the Commission is not reaching a conclusion regarding the appropriateness of the interim universal service support charge contained within the agreement.

Based on the recommendation of the Staff, we find that the interconnection agreement between GTE Northwest Incorporated and Prepaid Local Access Service Company is approved. The Commission is not making a determination regarding the appropriateness of the interim universal service support charge identified in the agreement.
O R D E R
IT IS HEREBY ORDERED that the Interconnection Agreement between GTE Northwest Incorporated and Prepaid Local Access Service Company is approved. 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. GTET986 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. GTET986. 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 February 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:GTE-T-98-6.ws2

ORDER NO. 27919 -1-

Office of the Secretary
Service Date
February 18, 1999