28622.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND ESCHELON TELECOM, INC. FOR APPROVAL OF AN AMENDMENT TO AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-00-13

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND TSUNAMI COMMUNICATIONS, INC., FOR APPROVAL OF A RESALE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. QWE-T-00-22

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND UBIQUITEL, INC., FOR APPROVAL OF A TYPE 2 WIRELESS INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-00-23

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND USA DIGITAL, INC., FOR APPROVAL OF A WIRELINE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-00-24

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND SPRINT COMMUNICATIONS COMPANY L.P., FOR APPROVAL OF A THIRD AMENDMENT TO AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-97-16
SPR-T-97-3

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES, INC., FOR APPROVAL OF THE FIRST AMENDMENT TO A WIRELINE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-96-15
ATT-T-96-1

ORDER NO. 28622

In these five cases, the Commission is asked to approve both new interconnection agreements and amendments to agreements which were previously approved by the Commission.
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
The Commission has been asked to approve three interconnection agreements and five amendments to existing interconnection agreements. These agreements are discussed in greater detail below.
1. Qwest Corporation and Eschelon Telecom, Inc. (Case No. QWE-T-00-13). In this case Eschelon opted into an interconnection agreement between Qwest (then U S West) and AT&T. This underlying agreement was approved by the Commission on September 17, 1998, in Case Nos. USW-T-96-15 & ATT-T-96-1. Eschelon’s agreement with Qwest was subsequently approved by the Commission on November 20, 2000, Order No. 28570. Now the parties seek to amend this agreement through two separate filings. The first request for amendment was filed on November 9, 2000. In this requested amendment the parties jointly request that the Interconnection Agreement originally filed and approved by the Commission on November 20, 2000, Order No. 28570, be amended by deleting, in their entirety, sections three through seven of the agreement which Eschelon opted into. The second Application requesting amendment was filed on December 29, 2000 and contained additional provisions which the parties had agreed to.
2. Qwest Corporation and Tsunami Communications, Inc. (Case No. QWE-T-00 22). 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-00-19.
3. Qwest Corporation and UbiquiTel, Inc. (Case No. QWE-T-00-23). In this Application, the parties request that the Commission approve a Type 2 Wireless Opt-In Interconnection Agreement for the state of Idaho. UbiquiTel wishes to adopt the rates and terms of the interconnection agreement between Qwest and Sprint Spectrum, L.P. previously approved by the Commission. See USW-T-97-7.
4. Qwest Corporation and USA Digital, Inc. (Case No. QWE-T-00-24). In this case, the parties request that the Commission approve a wireline 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. USW-T-99-29. However, because USA Digital does not currently have a valid Certificate of Public Convenience and Necessity authorizing them to offer the services covered by the interconnection agreements, Staff also recommends that any final order make clear that approval of this agreement does not authorize them to offer the services covered by it.
5. Qwest Corporation and Sprint Communications Company, L.P. (Case Nos. USW-T-97-16 and SPR-T-97-3). In this case, the parties have simultaneously filed the Third and Fourth Amendments to the existing interconnection agreement for the state of Idaho. The Third Amendment adds terms and conditions for Complex Firm Order Confirmation (“FOC”). The Fourth Amendment adds terms and conditions for LIS Inter Local Calling Area (“LCA”) Facilities.
6. Qwest Corporation and AT&T Communications of the Mountain States, Inc. (Case Nos. USW-T-96-15 and ATT-T-96-2). In this case, the parties request that the Commission approve the First Amendment to the existing Wireline Interconnection Agreement for the state of Idaho. The Amendment adds terms, conditions and rates for Local Portability Managed Cuts.
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. It is important to note though that USA Digital does not currently have a Certificate of Public Convenience and Necessity to provide local telecommunications services in Idaho. For this reason Staff also recommends that any final order make clear that approval of its agreement with Qwest does not authorize them to offer the services covered by it.
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 First and Second Amendments to the interconnection agreement between Qwest Corporation and Eschelon Telecom in Case No. QWE-T-00-13 are approved.
IT IS FURTHER ORDERED that the resale interconnection agreement between Qwest Corporation and Tsunami Communications, Inc. in Case No. QWE-T-00-22 is approved.
IT IS FURTHER ORDERED that the Type 2 wireless interconnection agreement between Qwest Corporation and UbiquiTel, Inc. in Case No. QWE-T-00-23 is approved.
IT IS FURTHER ORDERED that the wireline interconnection agreement between Qwest Corporation and USA Digital, Inc. in Case No. QWE-T-00-24 is approved. However, USA Digital 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 Third and Fourth Amendments to the interconnection agreement between Qwest Corporation and Sprint Communications Company, L.P., Case Nos. USW-T-97-16 and SPR-T-97-3, are approved.
IT IS FURTHER ORDERED that the First Amendment to the existing wireline interconnection agreement between Qwest Corporation and AT&T Communications of the Mountain States, Inc., Case Nos. USW-T-96-15 and ATT-T-96-2, 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-00-13, QWE-T-00-22, QWE-T-00-23, QWE-T-00-24, USW-T-97-16 and SPR-T-97-3, USW-T-96-15 and ATT-T-96-2 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:qwet0013_22_23_24_uswt9716_uswt9615

ORDER NO. 28622 1

Office of the Secretary
Service Date
January 29, 2001