28306.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND FIBERQUEST FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. USW-T-00-1

ORDER NO. 28306

On January 21, 2000, U S WEST Communications, Inc. and FiberQuest filed a Joint Application for approval of a negotiated resale interconnection agreement between the two Companies. The Joint Application stated that the agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the federal Telecommunications Act of 1996. On February 17, 2000, the Commission issued a Notice of Application and Modified Procedure. Comments were due March 9, 2000. The Commission Staff filed comments recommending approval. Based on the record, the comments and the law, the Commission approves this interconnection agreement between U S WEST and FiberQuest.
BACKGROUND
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 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. 47 U.S.C.  252 (e)(2)(A). If the Commission does not act to approve or reject the agreement within 90 days after its submission, the agreement is deemed approved. 47 U.S.C.  252 (e)(4). The Commission’s decision is not reviewable by the state courts. Id.
The Joint Application stated that the agreement will allow FiberQuest to resell U S WEST’s services. Based on its review of the agreement and previously approved agreements, the Staff filed comments maintaining that the agreement was consistent with the public interest, convenience and necessity and does not discriminate against other carriers. Staff recommended this resale interconnection agreement be approved. No other comments were filed.
COMMISSION FINDINGS
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 resale agreement, the Commission finds that the resale interconnection agreement between U S WEST and FiberQuest is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds this interconnection agreement should be approved.
O R D E R
IT IS HEREBY ORDERED that the interconnection agreement between U S WEST Communications, Inc. and FiberQuest 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 this Case No. USW-T-00-1 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 this Case No. USW-T-00-1. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61626 and 62-619.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of March 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

bls/O:uswt001

ORDER NO. 28306 -1-

Office of the Secretary
Service Date
March 16, 2000