28901.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF CITIZENS TELECOMMUNICATIONS
COMPANY OF IDAHO AND dPi TELECONNECT, LLC FOR APPROVAL OF A RESALE
INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. CTC-T-01-1

IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST INC. AND NOW
COMMUNICATIONS, INC. FOR APPROVAL OF
A RESALE INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. VZN-T-01-14

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND SPRINT
COMMUNICATIONS COMPANY, LP FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. SPR-T-01-1

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND BG
ENTERPRISES, INC. FOR APPROVAL OF A RESALE INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-01-23

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND CI2, INC. FOR APPROVAL OF A RESALE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. QWE-T-01-24
IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST, INC. AND
PREFERRED CARRIER SERVICES, INC. DBA
PHONES FOR ALL AND TELEFONES PARA
TODOS FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e).
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CASE NO. VZN-T-01-13

ORDER NO. 28901

IN THE MATTER OF THE APPLICATION OF
TDS TELECOMMUNICATIONS
CORPORATION AND AT&T WIRELESS
SERVICES FOR A WIRELESS
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. GNR-T-01-19

IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND ESCHELON TELECOM, INC. FOR
APPROVAL OF FOUR AMENDMENTS TO THE EXISTING WIRELINE 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 SPRINT SPECTRUM, L.P. FOR
APPROVAL OF AN AMENDMENT TO THE
EXISTING WIRELESS INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. §
252(e).
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CASE NO. USW-T-97-7
SPS-T-97-1

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 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.
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.
Citizens Telecommunications Company of Idaho and dPi TeleConnect, LLC. (Case No. CTC-T-01-1). This Resale Agreement will enable dPi TeleConnect to provide service and interconnect with a number of telecommunications customers in Idaho. The standard discount under this agreement is 11.5%.
Verizon Northwest, Inc. and Now Communications, Inc. (Case No. VZN-T-01-14). The parties have requested approval of a negotiated resale interconnection agreement.
Qwest Corporation and Sprint Communications Company LP. (Case No. SPR-T-01-1). This interconnection agreement is to provide services for resale, and certain UNEs, ancillary functions and additional features to Sprint, all for the sole purpose of providing telecommunications services.
Qwest Corporation and BG Enterprises, Inc. (Case No. QWE-T-01-23). This is a resale interconnection agreement that will enable BG Enterprises to provide customers with increased choices among local telecommunications services. BG Enterprises currently does not have a Certificate of Public Convenience and Necessity in the State of Idaho.
5. Qwest Corporation and CI2, Inc. (Case No. QWE-T-01-24). This is a resale interconnection agreement for the sole purpose of providing customers with additional choices among telecommunications services. CI2 currently does not have a Certificate of Public Convenience and Necessity in the State of Idaho.
6. Verizon Northwest, Inc. and Preferred Carrier Services, Inc. dba Phones for All and Telefonos para Todos. (Case No. VZN-T-01-13). This is a comprehensive interconnection agreement.
7. TDS Telecommunications Corporation and AT&T Wireless Services, Inc. (Case No. GNR-T-01-19). This is a wireless interconnection agreement.
8. Qwest Corporation and Eschelon Telecom, Inc. (Case No. QWE-T-00-13). This Application includes four amendments to an existing interconnection agreement, adding UNE loop installations, bill and keep for reciprocal compensation, amends the monthly recurring charges in connection with UNE-P and establishes the non-recurring charges.
9. Qwest Corporation and Sprint Spectrum L.P. (Case Nos. USW-T-97-7/SPS-T-97-1). This Second Amendment to a Type 2 Wireless Interconnection Agreement provides bill and keep terms for reciprocal compensation.
STAFF RECOMMENDATION
The Staff has reviewed these Applications and did not find any terms and conditions to be discriminatory or contrary to the public interest. Staff believes that the interconnection agreements and the amendments to interconnection agreements are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff believes that the Applications 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 Applications, the Staff’s recommendation and the fact that 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 Agreement does not negate the companies' 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 resale interconnection agreement between Citizens Telecommunications Company of Idaho and dPi TeleConnect, LLC, in Case No. CTC-T-01-1, is approved.
IT IS FURTHER ORDERED that the resale interconnection agreement between Verizon Northwest, Inc. and Now Communications, Inc., in Case No. VZN-T-01-14, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and Sprint Communications Company LP, in Case No. SPR-T-01-1, is approved.
IT IS FURTHER ORDERED that the resale interconnection agreement between Qwest Corporation and BG Enterprises, Inc., in Case No. QWE-T-01-23, is approved.
IT IS FURTHER ORDERED that the resale interconnection agreement between Qwest Corporation and CI2, Inc., in Case No. QWE-T-01-24, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Verizon Northwest, Inc. and Preferred Carrier Services, Inc. dba Phones for All and Telefonos para Todos, in Case No. VZN-T-01-13, is approved.
IT IS FURTHER ORDERED that the wireless interconnection agreement between TDS Telecommunications Corporation and AT&T Wireless Services, Inc., in Case No. GNR-T-01-19, is approved.
IT IS FURTHER ORDERED that the four amendments to the previously approved interconnection agreement between Qwest Corporation and Eschelon Telecom, Inc., in Case No. QWE-T-00-13, are approved.
IT IS FURTHER ORDERED that the second amendment to previously approved interconnection agreement between Qwest Corporation and Sprint Spectrum L.P., in Case Nos. USW-T-97-7 and SPS-T-97-1, 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. CTC-T-01-1, VZN-T-01-14, SPR-T-01-1, QWE-T-01-23, QWE-T-01-23, QWE-T-01-24, VZN-T-01-13, GNR-T-01-19, QWE-T-00-13, USW-T-97-7 and SPS-T-97-1 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 November 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:CTCT011_GNRT0119_QWET0123_QWET0124_etal

ORDER NO. 28901 1

Office of the Secretary
Service Date
November 30, 2001