28919.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND INTEGRA TELECOM OF IDAHO, INC. FOR APPROVAL OF AN AMENDMENT TO A WIRELINE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
)
)
)
)
)
)
)
CASE NO. USW-T-00-5

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND AVISTA COMMUNICATIONS OF IDAHO, INC. FOR APPROVAL OF AN AMENDMENT TO A WIRELINE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
)
)
)
)
)
)
)
CASE NO. QWE-T-00-15

ORDER NO. 28919
In these cases, the Commission has been asked to approve amendments to two wireline interconnection agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, 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 negotiations only if it finds that the agreement: (1) discriminates against telecommunications carrier not a party to the agreement; or (2) implementation of the agreement is not consistent with the public interest, convenience and necessity. 47 U.S.C. § 252(e)(2)(A). As the Commission noted in Order No. 28427, companies voluntarily entering into interconnection agreements “may negotiate terms, prices and conditions that do not comply with either the FCC rules or with the provisions with 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 approve 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
The Commission has been asked to approve amendments to two wireline interconnection agreements. The Amendments to these Agreements are discussed in greater detail below.
Qwest and Integra Telecom of Idaho, Inc. (Case No. USW-T-00-5). This is a Dark Fiber Amendment to the existing wireline interconnection agreement.
2. Qwest and Avista Communications of Idaho, Inc. (Case No. QWE-T-00-15). This is a CLEC to CLEC Cross Connection Amendment to the Companies’ existing wireline interconnection agreement.
STAFF RECOMMENDATION
The Staff has reviewed these Applications and did not find any terms and conditions to be discriminatory or contrary to the public interest. Staff believes that the amendments to these interconnection agreements are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff believes that the Applications 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 Applications, Staff’s recommendation and on the fact no other person commented on these Applications, the Commission finds that the above interconnection agreements are consistent with the public interest, convenience and necessity and do not discriminate. Therefore, the Commission finds that these Applications should be approved. However, approval of these Agreements does not negate the companies interconnecting with Qwest and Verizon from the responsibility to obtain a Certificate of Public Convenience and Necessity if they are offering local exchange services or from complying with Idaho Code §§ 62-604 and 62-606 if they are providing other non-basic local exchange telecommunications services as defined by Idaho Code § 62-603.
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 the amendment to the wireline interconnection agreement between Qwest and Integra Telecom of Idaho, Inc., Case No. USW-T-00-5, is approved.
IT IS FURTHER ORDERED that the amendment to the wireline interconnection agreement between Qwest and Avista Communications of Idaho, Inc., Case No. QWE-T-00-15, is 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. USW-T-00-5 and QWE-T-01-15 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 December 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:uswt005_qwet0115_jh
ORDER NO. 28919 1

Office of the Secretary
Service Date
December 20, 2001