28618.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND NTCH-IDAHO INC., FOR APPROVAL OF A TYPE 2 WIRELESS INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
)
)
)
)
)
)
CASE NO. QWE-T-00-18

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND CRICKET COMMUNICATIONS, INC., FOR APPROVAL OF A TYPE 2 WIRELESS INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
)
)
)
)
)
CASE NO. QWE-T-00-20

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

ORDER NO. 28618

In these three cases, the Commission is asked to approve two wireless interconnection agreements and amendments to a previously approved agreement.
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 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 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
Qwest and NTCH. (Case No. QWE-T-00-18). In this case, NTCH and Qwest have voluntarily negotiated a Type 2 Wireless Agreement. Staff has reviewed the terms and conditions and finds them to be similar to terms and conditions in other Type 2 wireless agreements previously approved by this Commission.
Qwest and Cricket Communications, Inc. (Case No. QWE-T-00-20). In this Application, the Companies have voluntarily negotiated a Type 2 Wireless Agreement. Staff has reviewed the terms and conditions and finds them to be similar to terms and conditions in other Type 2 wireless agreements previously approved by this Commission.
3. Qwest and McLeodUSA (Case No. QWE-T-00-7). This Amendment to a previously approved agreement establishes terms, conditions and rates in regards to the business-to-business relationships. For example, it allows McLeod to convert its existing resale customers to service via unbundled network elements (UNEs) without a service charge, and states that it will remain on a “bill and keep” basis for the exchange of local traffic and Internet related traffic through territories where Qwest is the ILEC. McLeodUSA also agrees to maintain a minimum of 275,000 customers in the 14-state Qwest local service area.
STAFF ANALYSIS AND RECOMMENDATION
The Staff has reviewed these Applications and did not find that any terms and conditions to be 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.
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 interconnection agreements and amendment to a previously approved interconnection agreement are consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds that these interconnection agreements should be approved.
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 Type 2 wireless interconnection agreement entered into between Qwest Corporation and NTCH-Idaho in Case No. QWE-T-00-18.
IT IS FURTHER ORDERED that the Type 2 wireless interconnection agreement entered into between Qwest Corporation and Cricket Communications, Inc. in Case No. QWE-T-00-20 is approved.
IT IS FURTHER ORDERED that the fourth amendment to the interconnection agreement between Qwest Corporation and McLeodUSA Telecommunications, Services Inc. in Case No. QWE-T-00-7 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-00-18, QWE-T-00-20 and QWE-T-00-7 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

O:qwet0018_20_7_jh
The Commission approved the original interconnection agreement between Qwest and McLeodUSA on November 9, 2000, in Case No. QWE-T-00-7.

ORDER NO. 28618 1

Office of the Secretary
Service Date
January 26, 2001