28236.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF GTE NORTHWEST AND COMM SOUTH COMPANIES, INC. FOR APPROVAL OF AN AGREEMENT FOR INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. GTE-T-99-4

ORDER NO. 28236

On October 22, 1999, a Joint Application for approval of an interconnection agreement was filed by GTE Northwest Incorporated and Comm South Companies, Inc. The interconnection agreement is a resale agreement and will provide access to GTE’s services and unbundled network elements for resale by Comm South. The agreement was reached through voluntary negotiations and is submitted for approval pursuant to Section 252(e)(1) of the Telecommunications Act. On November 1, 1999, the Commission issued a Notice of Joint Application and Notice of Modified Procedure. Written comments were filed only by the Commission Staff, which recommends approval of the interconnection agreement in this case, Case No. GTE-T-99-4.
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.
On November 1, 1999, the Commission issued a Notice of Joint Application and Notice of Modified Procedure to process the petition. Only the Commission Staff filed comments, recommending approval of the interconnection agreement. Staff reviewed the agreement between the parties to determine that it is consistent with the requirements of the Telecommunications Act.
Based on our review of the record in this case, including the recommendation of the Staff, we find that the agreement should be approved.

O R D E R
IT IS HEREBY ORDERED that the interconnection agreement between GTE Northwest Incorporated and Comm South Companies, Inc. 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. GTE-T-99-4 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-99-4. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of December 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

Myrna J. Walters
Commission Secretary

vld/O: GTE-T-99-4_ws2

ORDER NO. 28236 1

Office of the Secretary
Service Date
December 17, 1999