20001026Comments.doc

JOHN R. HAMMOND
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5470

Street Address for Express Mail:
472 W. WASHINGTON
BOISE, ID 83702-5983

Attorney for the Commission Staff

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND MAXCESS, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-00-14

COMMENTS OF THE
COMMISSION STAFF

COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its Attorney of record, John R. Hammond, Deputy Attorney General, in response to Order No. 28532
the Notice of Joint Application and Notice of Modified Procedure in Case No. QWE-T-00-14 issued on October 5, 2000, submits the following comments.
On September 19, 2000, Qwest Corporation and Maxcess, Inc. filed a Joint Application requesting approval of an interconnection agreement. The Application states that Maxcess has adopted in its entirety U S WEST's, now Qwest's agreement with Covad Communications Company that was approved by the Commission in Order No. 28012, Case No. USW-T-99-3. The Joint Application states that the Agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the Telecommunications Act of 1996.

STAFF ANALYSIS
Staff reviewed the language of this Agreement and did not find any terms or conditions that Staff would consider discriminatory. The rates and terms are very similar to those contained in other interconnection agreements submitted by Qwest and previously approved by this Commission. As these terms will be available to other competitors, Staff does not find these terms and conditions to be discriminatory. Staff concurs with the companies’ claim that the Agreement is consistent with the pro-competitive policies of the Commission, the Legislature, and the Telecommunications Act of 1996. Accordingly it is consistent with the public interest.

STAFF RECOMMENDATION
Staff recommends that the Commission approve the Agreement as filed.

DATED at Boise, Idaho, this day of October 2000.

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John R. Hammond
Deputy Attorney General

Technical Staff: Doug Cooley

WH:i:gdk:i:umisc/comments/qwet0014.jhdc
STAFF COMMENTS 1 OCTOBER 26, 2000