28375.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF U S WEST COMMUNICATIONS, INC. AND
essential.com FOR APPROVAL OF A RESALE
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e). )
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CASE NO. USW-T-00-4

ORDER NO. 28375

On March 9, 2000, U S WEST Communications, Inc. and essential.com filed a Joint Application requesting approval of a resale interconnection agreement. The Joint Application states 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 Telecommunications Act of 1996.
The interconnection agreement is a resale agreement and was freely negotiated by the parties. The agreement enables essential.com to purchase and resell U S WEST services, including its unbundled network elements and telecommunications retail services.
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement reached through voluntary negotiations only if the Commission finds that
(i) the agreement (or portions thereof) discriminates against a telecommunications carrier not a party to the agreement; or

(ii) the implementation of such agreement or portion is not consistent with the public interest, convenience and necessity.

The parties assert that the agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
On March 27, 2000, the Commission issued a Notice of Joint Petition and Notice of Modified Procedure to process the petition. Only the Commission Staff filed comments, recommending approval of the interconnection agreement.
Staff reviewed the agreement between the parties to determine that it is consistent with the requirements of the Telecommunications Act. Based upon our review of the record, including the recommendation of the Staff, we find that the agreement between U S WEST Communications, Inc. and essential.com should be approved.
O R D E R
IT IS HEREBY ORDERED that the interconnection agreement between U S WEST and essential.com 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. USW-T-00-4 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-00-4. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of May 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:uswt004 _ws

ORDER NO. 28375 1

Office of the Secretary
Service Date
May 11, 2000