28621.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND MCLEOD USA TELECOMMUNICATIONS SERVICES, INC. FOR APPROVAL OF THE FIRST AMENDMENT TO AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. QWE-T-00-7

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND NEW EDGE NETWORK FOR APPROVAL OF A THIRD AND FOURTH AMENDMENTS TO A WIRELINE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. USW-T-99-23

ORDER NO. 28621
In these two cases, the Commission is asked to approve amendments to previously approved interconnection agreements.
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. As the Commission recently noted in Order No. 28427, companies voluntarily entering into interconnection agreements “may negotiate terms, prices and conditions that do not comply with the FCC rules or with the provisions [of] Section 251(b) or (c).” Order No. 28427 at 11 (emphasis original). This comports with the FCC’s statement that “a state commission shall have authority to approved an interconnection agreement adopted by negotiation even if the terms of the agreement do not comply with the requirements of [Part 51].” 47 C.F.R § 51.3.
THE CURRENT APPLICATIONS
Qwest and McLeodUSA (Case No. QWE-T-00-7). This Amendment adds language to the previously approved interconnection agreement. First, the parties request that the following paragraph be added to the agreement:
(A)1.8 This Agreement sets forth terms, conditions and prices under which Qwest agrees to provide (a) services for resale and (b) certain UNEs, ancillary functions and additional features to McCleodUSA, all for the sole purpose of providing Telecommunications Services. The Agreement also sets forth the terms, conditions and prices under which the Parties agree to provide Interconnection and reciprocal compensation for the exchange of Exchange Service (EAS/Local) and Exchange Access traffic between Qwest and McLeodUSA, Jointly Provided Switch Access (InterLATA and IntraLATA presubscribed/dial around) traffic and Special Access between Qwest, McLeodUSA and Interexchange Carrier (IXC) for purposes of offering Telecommunications Services.

Amendment at p.1. Second the parties request that an additional language be added to Section (B)3.8 of the previously approved agreement that now provides that the rates in the original agreement are interim and subject to change through a Commission decision in a cost docket or other proceeding, and that these interim rates will be subject to a true-up to the Commission adopted rates.
Qwest and New Edge Networks (Case No. USW-T-99-23). This case involves two additional Amendments to the original Agreement, the third and fourth such amendments. The Third Amendment adds terms and conditions for IDSL and DS3 capable loops. The Fourth Amendment revises the terms for collocation arrangements, provides additional access to loop qualification data and adds additional terms in the areas of provisioning and customer care standards.
STAFF ANALYSIS AND RECOMMENDATION
The Staff has reviewed these Amendments to previously approved interconnection agreements and does not find that any of their terms and conditions to be discriminatory or contrary to the public interest. Staff believes that these Amendments are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff believes that these Amendments merit the Commission’s approval.
COMMISSION DECISION
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’s review is limited, however. 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. Id. 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 above amendments to interconnection agreements are consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds that these amendments to interconnection agreements should be approved.
O R D E R
IT IS HEREBY ORDERED that the Amendments to the interconnection agreements discussed above are approved. Terms of the agreements that are not already in effect shall be effective as of the date of this Order.
IT IS FURTHER ORDERED that First Amendment to the interconnection agreement entered into between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. in Case No. QWE-T-00-7 is approved.
IT IS FURTHER ORDERED that the Third and Fourth Amendments to the interconnection agreement entered into between Qwest Corporation and New Edge Networks in Case No. USW-T-99-23 are 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 these Case Nos. QWE-T-00-7 and USW-T-99-23 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 these cases. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61-626 and 62-619.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of January 2001.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

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ORDER NO. 28621 -1-

Office of the Secretary
Service Date
January 29, 2001