28821.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST INC. AND AT&T
WIRELESS SERVICES, INC. FOR APPROVAL OF
AN AMENDMENT TO A PREVIOUSLY
APPROVED INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. GTE-T-99-3

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND NEW ACCESS
COMMUNICATIONS LLC. FOR APPROVAL OF A
WIRELINE 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 PREFERRED
CARRIER SERVICES, INC. FOR APPROVAL
OF A WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-01-15

IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST INC. AND Z-TEL
COMMUNICATIONS, INC. FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. VZN-T-01-9

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND AT&T
WIRELESS SERVICES, INC. FOR APPROVAL OF
AN AMENDMENT TO A PREVIOUSLY
APPROVED TYPE 2 WIRELESS
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. §  252(e).
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CASE NO. USW-T-97-10

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND
QUANTUMSHIFT, INC. FOR APPROVAL OF A
RESALE INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-01-20

ORDER NO. 28821

IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND CIERA
NETWORK SYSTEMS FOR APPROVAL OF A
WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 
252(e).
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CASE NO. QWE-T-01-18

IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND NOS COMMUNICATIONS, INC. FOR
APPROVAL OF A WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-01-19

IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND 1-800-
RECONEX, INC. FOR APPROVAL OF A
WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. §
252(e).
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CASE NO. QWE-T-01-13

IN THE MATTER OF THE APPLICATION OF
VERIZON NORTHWEST INC. AND AT&T
COMMUNICATIONS OF THE MOUNTAIN
STATES, INC. FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. VZN-T-01-11 IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND AT&T
COMMUNICATIONS OF THE MOUNTAIN
STATES, INC. FOR APPROVAL OF THE
SECOND AMENDMENT TO A PREVIOUSLY
APPROVED INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. §
252(e).
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CASE NO. USW-T-96-15
ATT-T-96-2 IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND EDGE
WIRELESS, LLC FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-00-18

IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND INTRADO
COMMUNICATIONS INC. FOR APPROVAL OF
A WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. §
252(e).
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CASE NO. QWE-T-01-21
In these cases, the Commission is asked to approve both new interconnection agreements and amendments to agreements that 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 these interconnection agreements and amendments to existing interconnection agreements. These agreements are discussed in greater detail below.
Verizon Northwest and AT&T Wireless Services, Inc. (Case No. GTE-T-99-3).
This first amendment to a previously approved agreement, see Order No. 28229, adds terms for distribution of directories.
Qwest and New Access Communications, LLC (Case No. QWE-T-00-19). This case involves a totally new wireline agreement negotiated by the parties to replace the previously approved agreement between these parties. The terms of this agreement are essentially the same as those contained in other agreements previously approved by this Commission.
3. Qwest and Preferred Carrier Services, Inc. (Case No. QWE-T-01-15). This case involves a letter agreement between the parties to adopt, in its entirety, the agreement between Qwest and Covad Communications Company that was approved by this Commission in April 1999.
4. Verizon Northwest, Inc. and Z-Tel Communications, Inc. (VZN-T-01-9). This is a new agreement with terms and conditions similar to those in the GTE-Pathnet agreement previously approved by this Commission.
5. Qwest and AT&T Wireless (Case No. USW-T-97-10). This is the second amendment to the previously approved agreement, see Order No. 27016, that adds single point of presence in the LATA language.
6. Qwest and QuantumShift, Inc. (Case No. QWE-T-01-20). This is a new resale agreement. It is similar to previously approved resale agreements.
7. Qwest and Ciera Network Systems, Inc. (Case No. QWE-T-01-18). This is a new interconnection agreement. The terms of this agreement are essentially the same as those contained in other interconnection agreements previously approved by this Commission. Ciera does not currently have a valid Certificate of Public Convenience and Necessity.
8. Qwest and NOS Communications, Inc. (Case No. QWE-T-01-19). This is a new interconnection agreement. The terms of this agreement are essentially the same as those contained in other interconnection agreements previously approved by this Commission. Currently, NOS Communications does not have a Certificate of Public Convenience and Necessity for the state of Idaho, but has filed an Application with the Commission requesting one. Case No. GNR-T-01-6.
9. Qwest and RECONEX, Inc. (Case No. QWE-T-01-13). This case involves a letter agreement between the parties to adopt, in its entirety, the agreement between Qwest and AT&T that was approved by this Commission in September 1998. Currently, RECONNEX does not have a Certificate of Public Convenience and Necessity for the state of Idaho.
10. Verizon Northwest and AT&T Communications of the Mountain States (VZN-T-01-11). This case involves a letter agreement between the parties to adopt the GTE-Pathnet agreement previously approved by this Commission.
11. Qwest and AT&T Communications of the Mountain States (Case No. USW-T-96-15/ATT-T-96-2). This is the second amendment to the previously approved agreement, see Order Nos. 27738 and 28622, that adds the ability to receive reports on trunk blockage.
12. Qwest and Intrado Communications Inc. (Case No. QWE-T-01-21). This is a new interconnection agreement. The terms of this agreement are essentially the same as those contained in other interconnection agreements previously approved by this Commission.
STAFF RECOMMENDATION
The Staff has reviewed these Applications and did not find any terms and conditions that it considers to be discriminatory or contrary to the public interest. Staff believes that the Agreements and Amendments are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff believes that the Agreements and Amendments 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 these Applications, the Commission finds that the above interconnection agreements and amendments to previously approved 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 and Amendments to 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 services telecommunications services as defined by Idaho Code § 62-603.

O R D E R
IT IS HEREBY ORDERED that the interconnection agreements and amendments to 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 amendment to a previously approved interconnection agreement between Verizon Northwest, Inc. and AT&T Wireless Services, Inc., in Case No. GTE-T-99-3, is approved.
IT IS FURTHER ORDERED that the renegotiated interconnection agreement between Qwest Corporation and New Access Communications LLC, in Case No. QWE-T-00-19, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and Preferred Carrier Services, Inc., in Case No. QWE-T-01-15, is approved.
IT IS FURTHER ORDERED that the wireline interconnection agreement between Verizon Northwest Inc. and Z-Tel Communications, Inc., in Case No. VZN-T-01-9, is approved.
IT IS FURTHER ORDERED that the second amendment to a previously approved interconnection agreement between Qwest Corporation and AT&T Wireless Services, Inc., in Case No. USW-T-97-10, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and QuantumShift, Inc., in Case No. QWE-T-01-20, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and NOS Communications, Inc., in Case No. QWE-T-01-19, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and 1-800-RECONNEX, Inc., in Case No. QWE-T-01-13, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Verizon Northwest Inc. and AT&T Communications of the Mountain States, Inc., in Case No. VZN-T-01-11, is approved.
IT IS FURTHER ORDERED that the amendment to the previously approved interconnection agreement between Qwest Corporation and AT&T Communications of the Mountain States, Inc., in Case Nos. USW-T-96-15 and AT&T-T-96-2, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and Ciera Network Systems, Inc., in Case No. QWE-T-01-18, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and Intrado Communications Inc., in Case No. QWE-T-01-21, 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. GTE-T-99-3, QWE-T-00-19, QWE-T-01-15, VZN-T-01-9, USW-T-97-10, QWE-T-01-20, QWE-T-01-19, QWE-T-01-13, VZN-T-01-11, USW-T-96-15, AT&T-T-96-2, QWE-T-01-18 and QWE-T-01-21 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 August 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

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ORDER NO. 28821 1

Office of the Secretary
Service Date
August 22, 2001