28586.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND AVISTA COMMUNICATIONS OF IDAHO, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-00-15
IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION FKA U S WEST COMMUNICATIONS, INC. AND NEW EDGE NETWORK, INC. DBA NEW EDGE NETWORKS FOR APPROVAL OF AN AMENDMENT 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. 28586
In these two separate Applications, the respective parties have asked the Commission to approve an interconnection agreement and an amendment to an existing interconnection agreement. After reviewing the proposed agreements, the Commission approves them as set out in greater detail below.
THE APPLICATIONS
As previously mentioned, the Commission has been asked to approve an interconnection agreement and an amendment to an existing agreement.

1. Qwest and Avista (Case No. QWE-T-00-15). In this Application, Qwest and Avista have negotiated an entirely new agreement. This Agreement replaces the Companies’ existing agreement and the amendments to that agreement. Staff reviewed the terms and conditions of this Agreement and finds them to be similar to other agreements previously approved by this Commission. The new Agreement includes terms from the Companies’ original agreement, amendments to that agreement, plus terms for products and services added since it was negotiated.
Qwest (fka U S WEST) and New Edge Networks (Case No. USW-T-99-23).
In this Application, the Companies seek approval of an amendment to an existing agreement. The amendment adds terms for line sharing.
STAFF ANALYSIS
The Staff has reviewed these Applications and did not find that any terms and conditions are discriminatory or contrary to the public interest. Staff believes that the Agreements are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff concluded that the Agreements merit the Commission’s approval.
DISCUSSION AND FINDINGS
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 recently 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 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 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.
Based upon our review of the proposed interconnection agreements and the Staff’s recommendation, we find that the respective interconnection agreements shall be approved. We further find that the proposed agreements are neither discriminatory nor contrary to the public interest.
O R D E R
IT IS FURTHER ORDERED that the interconnection agreement entered into between Qwest Corporation and Avista Communications of Idaho, Inc. in Case No. QWE-T-00-15 is approved.
IT IS FURTHER ORDERED that the amendment to interconnection agreement terms and conditions entered into between Qwest Corporation and New Edge Networks in Case No. USW-T-99-23 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. QWE-T-00-15 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 December 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

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ORDER NO. 28586 1

ORDER NO. 28544 1

Office of the Secretary
Service Date
December 12, 2000