28603.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND NEW ACCESS COMMUNICATIONS, LLC., FOR APPROVAL OF A RESALE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-00-19
IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND SIMPLY CELLULAR AND TELEPHONE, RECONNECTION LLC., FOR APPROVAL OF A RESALE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. QWE-T-00-17 IN THE MATTER OF THE JOINT APPLICATION OF VERIZON NORTHWEST INC., (f/k/a GTE NORTHWEST INCORPORATED) AND CACTUS INTERNATIONAL, INC., FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. VZN-T-00-6 IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION (f/k/a U S WEST COMMUNICATIONS, INC.) AND SPRINT COMMUNICATIONS COMPANY, L.P. FOR APPROVAL OF THE FIRST AMENDMENT TO A WIRELINE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NOS. USW-T-97-16
SPR-T-97-3

ORDER NO. 28603
In these four separate Applications, the respective parties have asked the Commission to approve their interconnection agreements or amendments to previously approved agreements. After reviewing the proposed interconnection agreements, the Commission approves them as set out in greater detail below.
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.
THE CURRENT APPLICATIONS
As previously mentioned, the Commission has been asked to approve three interconnection agreements and one amendment to an existing interconnection agreement. These agreements are discussed in greater detail below.
Qwest Corporation and New Access Communications, Inc. (Case No. QWE-T-00-19). In this case, the parties request that the Commission approve a resale interconnection agreement. The rates and terms are similar to those contained in other resale interconnection agreements submitted by Qwest and previously approved by this Commission. See Case No. QWE-T-00-5. It is important to note though that New Access Communications, Inc. does not currently have a Certificate of Public Convenience and Necessity to provide local telecommunications services in Idaho.
Qwest Corporation and Simply Cellular and Telephone Reconnections, LLP. (Case No. QWE-T-00-17). In this Application, the parties request that the Commission approve a resale interconnection agreement. The rates and terms are similar to those contained in other interconnection agreements submitted by Qwest and previously approved by this Commission See Case No. QWE-T-00-5.
3. Qwest Corporation (formerly U S WEST) and Sprint Communications Company, L.P. (Case No. USW-T-97-16 and SPR-T-97-3). In this Application, the parties request that the Commission approve an amendment to a wireline agreement for the state of Idaho. The parties’ original agreement was approved in Idaho in October 1997. This Amendment addresses terms and conditions for line sharing. The rates and terms are similar to those contained in other interconnection, resale and unbundling agreements submitted by Qwest and previously approved by this Commission.
4. Verizon Northwest, Inc. and Cactus International, Inc. (Case No. VZN-T-00-6). In this case, the parties request that the Commission approve a resale interconnection agreement. Cactus International wishes to adopt the terms of the Interconnection Agreement between Pathnet, Inc. and Verizon (formerly GTE) in Case No. GTE-T-00-12. It is important to note though that like New Access above Cactus also does not currently have a Certificate of Public Convenience and Necessity to provide local telecommunications services in Idaho.
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 believes that the Agreements merit the Commission’s approval. However, because New Access and Cactus do not currently have valid CPCNs authorizing them to offer the services covered by the interconnection agreements, Staff also recommends that any final order make clear that approval of their agreements do not authorize them to offer the services covered by their interconnection agreements.
COMMISSION FINDINGS
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 interconnection agreements are consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds that these interconnection agreements should be approved. However, the Commission agrees with Staff's assertion that this Order does not authorize New Access or Cactus to begin offering basic local exchange services to the public. Before these Companies offer such services, they must receive CPCNs.
O R D E R
IT IS HEREBY ORDERED that 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 resale agreement entered into between Qwest Corporation and New Access Communications, LLC in Case No. QWE-T-00-19 is approved. However, New Access may not begin to provide service in Idaho until it has secured a Certificate of Public Convenience and Necessity from the Commission.
IT IS FURTHER ORDERED that the resale agreement entered into between Qwest Corporation and Simply Cellular and Telephone Reconnections, LLC, in Case No. QWE-T-00-17 is approved.
IT IS FURTHER ORDERED that the interconnection agreement entered into between Verizon Northwest, Inc. and Cactus International, Inc. in Case No. VZN-T-00-6 is approved. However, Cactus may not begin to provide service in Idaho until it has secured a Certificate of Public Convenience and Necessity from the Commission.
IT IS FURTHER ORDERED that the amendment to the wireline interconnection agreement between Qwest Corporation and Sprint Communications Company, L.P., which adds terms and conditions for line sharing in Case Nos. USW-T-97-16 and SPR-T-97-3 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-00-19, QWE-T-00-17, VZN-T-00-6, and USW-97-16 and SPR-T-97-3 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

O:qwet0019_0017_vznt006_uswt9716_jh

ORDER NO. 28603 -1-

Office of the Secretary
Service Date
December 27, 2000