20010425Order No 28713.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF FREMONT TELCOM AND EDGE WIRELESS,
LLC FOR APPROVAL OF INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. FRE-T-01-1

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND SPRINT
COMMUNICATIONS COMPANY, L.P. FOR
APPROVAL OF THE 911 WAIVER AMENDMENT
TO THE EXISTING 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 IONEX
COMMUNICATIONS NORTH, INC. FKA
FIRSTEL, INC. FOR APPROVAL OF THE
SECOND AND THIRD AMENDMENTS TO AN
EXISTING WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-00-10

IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST, INC. AND
DIRECT2INTERNET CORPORATION FOR
APPROVAL OF A INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. VZN-T-01-3

IN THE MATTER OF THE JOINT APPLICATION
IN THE MATTER OF QWEST CORPORATION
AND PREFERRED CARRIER SERVICES, INC.
FOR APPROVAL OF A RESALE
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-01-4

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND ESSEX
COMMUNICATIONS, INC. DBA eLEC
COMMUNICATIONS FOR APPROVAL OF A
WIRELINE INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-01-5

ORDER NO. 28713

IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND TELEPHONE
COMPANY OF CENTRAL FLORIDA FOR
APPROVAL OF A WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e)
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CASE NO. QWE-T-01-6

IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND DIGITAL TELECOMMUNCATIONS, INC.
FOR APPROVAL OF A RESALE AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).

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CASE NO. QWE-T-01-7

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.
Fremont Telcom and Edge Wireless, LLC, Case No. FRE-T-01-1. In this case, the parties have requested the Commission approve a wireless interconnection agreement that is identical to an agreement that was previously approved by it between U S Cellular and Fremont in Case No. FRE-T-00-1, Order No. 28465.
Qwest Corporation and Sprint Communications Company L.P., Case Nos. USW-T-97-16 and-SPR-T-97-3. The parties are requesting this amendment because Sprint desires to offer a new Dial IP product which will only carry one-way Internet traffic from Qwest originated calls to Sprint Dial IP customers. Therefore, Sprint Dial IP customers will not be able to originate any voice calls including those that would terminate at a 911 service. Accordingly, the parties request that the Commission approve this 911 waiver amendment to their previously approved interconnection agreement.
Qwest Corporation and Ionex Communications North, Inc., Case No. USW-T-00-10. In this Application, the parties request that the Commission approve the Second and Third Amendments to an existing wireline interconnection agreement between them. The Amendments replace the previous Interim Line Sharing Agreement that Ionex entered into with Qwest on May 11, 2000.
4. Verizon Northwest, Inc. and Direct2Internet Corporation, Case No. VZN-T-01-3. In this case, the parties request that the Commission approve a wireline interconnection agreement. The terms and conditions of this Agreement are similar to those previously approved by the Commission.
5. Qwest Corporation and Preferred Carrier Services, Inc., Case No. QWE-T-01-4. In this case, the parties request that the Commission approve a wireline resale interconnection agreement. The terms and conditions of this agreement are similar to those previously approved by the Commission.
6. Qwest Corporation and Essex Communications, Inc. dba eLEC Communications, Case No. QWE-T-01-5. In this Application, the parties request that the Commission approve a wireline interconnection agreement. The terms and conditions of this agreement are similar to those previously approved by the Commission.
7. Qwest Corporation and Telephone Company of Central Florida, Case No. QWE-T-01-6. In this case, the parties request that the Commission approve a wireline interconnection agreement. The terms and conditions of this agreement are similar to those previously approved by the Commission.
8. Qwest Corporation and Digital Telecommunications, Inc., Case No. QWE-T-01-7. In this Application, the parties request that the Commission approve a wireline resale interconnection agreement. The terms and conditions of this agreement are similar to those previously approved by the Commission.
STAFF 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 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 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 Agreement does not negate the companies interconnecting with Fremont, 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 wireless interconnection agreement between Fremont Telcom and Edge Wireless, LLC, in Case No. FRE-T-01-1, is approved.
IT IS FURTHER ORDERED that the 911 Waiver Amendment to the previously approved interconnection agreement between Qwest Corporation and Sprint Communications Company, L.P., in Case Nos. USW-T-97-16 and SPR-T-97-3, is approved.
IT IS FURTHER ORDERED that the Second and Third Amendments to an existing wireline interconnection agreement between Qwest Corporation and Ionex Communications North, Inc., in Case No. USW-T-00-10, are approved.
IT IS FURTHER ORDERED that the wireline interconnection agreement between Verizon Northwest, Inc. and Direct2Internet Corporation, in Case No. VZN-T-01-3, is approved.
IT IS FURTHER ORDERED that the wireline resale interconnection agreement between Qwest Corporation and Preferred Carrier Services, Inc., in Case No. QWE-T-01-4, is approved.
IT IS FURTHER ORDERED that the wireline interconnection agreement between Qwest Corporation and Essex Communications, Inc. dba eLEC Communications, in Case No. QWE-T-01-5, is approved.
IT IS FURTHER ORDERED that the wireline interconnection agreement between Qwest Corporation and Telephone Company of Central Florida, in Case No. QWE-T-01-6, is approved.
IT IS FURTHER ORDERED that the wireline resale interconnection agreement between Qwest Corporation and Digital Communications, Inc., in Case No. QWE-T-01-7, 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. FRE-T-01-1, USW-T-97-16, SPR-T-97-3, USW-T-00-10, VZN-T-01-3, QWE-T-01-4 QWE-T-01-5, QWE-T-01-6 and QWE-T-01-7 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 April 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

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ORDER NO. 28713 1

Office of the Secretary
Service Date
April 25, 2001