28308.mod.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

NOTICE OF JOINT
APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 28308

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.

NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Joint Application states that the agreement will allow essential.com to resell U S WEST’s services.
YOU ARE FURTHER NOTIFIED that Section 252(e)(2) of the Act authorizes a state Commission to 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.

U S WEST and essential.com jointly assert that the agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the Joint Application and determined that the public interest may not require a hearing to consider the issues raised by the Joint Application. Consequently, the Commission has determined that this case may be processed under Modified Procedure, i.e., by written submission rather than by hearing. See Commission Rules of Procedure, IDAPA 31.01.01.201-.204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. See IDAPA 31.01.01.203.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Joint Application may file a written comment in support or opposition with the Commission within twenty-one (21) days from the date of this Notice. The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. USW-T-00-4 should be mailed to the Commission and U S WEST and essential.com at the addresses reflected below:

COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074

Street Address for Express Mail:

472 W WASHINGTON ST
BOISE, IDAHO 83702-5983 Peter J. Butler
Senior Attorney
U S WEST Law Department
1600 7th Avenue, Suite 3206
Seattle, WA 98191

Attorney for U S WEST Communications, Inc.

John Duffy
essential.com
3 Burlington Woods Drive, 4th Floor
Burlington, MA 01803

All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. See IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that the Joint Application and Agreement together with supporting workpapers, and exhibits have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 and Title 62 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Title 61 or Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
O R D E R
IT IS HEREBY ORDERED, upon review of the filings in this case and the determination of the Commission, that the Joint Application of U S WEST Communications, Inc. and essential.com for approval of a resale interconnection agreement with U S WEST and essential.com be processed by Modified Procedure, Commission Rules of Procedure 201-204; IDAPA 31.01.01.201-04. Persons interested in submitting written comments in this case should file the comments with the Commission and the parties within 21 days of the service date of this Order.

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:uswt004

NOTICE OF JOINT APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28308 1

Office of the Secretary
Service Date
March 27, 2000