20020228Order No 28964.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND XO IDAHO, INC. FOR APPROVAL OF A WIRELINE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
)
)
)
)
)
)
CASE NO. QWE-T-02-2

ORDER NO. 28964
In this case, the Commission has been asked to approve a wireline interconnection agreement between Qwest Corporation and XO Idaho, Inc.
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 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 APPLICATION
The Commission has been asked to approve a wireline interconnection agreement. This Agreement is discussed in greater detail below.
In this Application, the parties request that the Commission approve a wireline interconnection agreement. The terms and conditions of the agreement are similar to other agreements and amendments previously approved by this Commission.
STAFF RECOMMENDATION
The Staff has reviewed this Application and did not find any terms and conditions to be discriminatory or contrary to the public interest. Staff believes that this interconnection agreement is consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff believes that the Application merits 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 this Application, Staff’s recommendation and on the fact no other person commented on it, the Commission finds that the above interconnection agreement is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds that this Application should be approved.
O R D E R
IT IS HEREBY ORDERED that the wireline interconnection agreement between Qwest Corporation and XO Idaho, Inc. is approved. Terms of the Agreement that are not already in effect shall be effective as of the date of this Order.
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 this Case No. QWE-T-02-2 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 this case. 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 February 2002.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:QWET0202_jh
ORDER NO. 28964 1

Office of the Secretary
Service Date
February 28, 2002