20000613Order No 28396.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF U S WEST COMMUNICATIONS, INC. AND FIRSTEL, INC. FOR APPROVAL OF AN ADOPTED WIRELINE INTERCONNECTION AND RESALE AGREEMENT PURSUANT TO 47 U.S.C. §252(e). )
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CASE NO. USW-T-00-10

ORDER NO.  28396

On April 20, 2000, U S WEST Communications, Inc. (U S WEST) filed an Application for approval of an adopted wireline interconnection and resale agreement between U S WEST Communications, Inc. and FirsTel, Inc. Pursuant to 47 U.S.C. § 252(i), FirsTel adopted an interconnection agreement previously negotiated between U S WEST and AT&T Communications of the Mountain States, Inc. which was approved by the Commission. The adoption provides terms for the parties to interconnect their facilities, enables FirsTel to resell U S WEST’s services and provides FirsTel access to U S WEST’s unbundled network elements. This Agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to 47 U.S.C. § 252(e), a provision of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the Act).
On April 28, 2000, the Commission issued a Notice of Application and Modified Procedure. Order No. 28362. Comments were due May 19, 2000. Only Staff filed comments and it recommended approval.
Based on the record, the comments and the law, the Commission approves this interconnection agreement between U S WEST and FirsTel.
BACKGROUND
Under the terms of the 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 negotiation only if it finds that the agreement discriminates against a telecommunications 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. In this case, the provisions were already approved in an earlier interconnection agreement and the parties are merely adopting the earlier agreement as provided for in 47 U.S.C. § 252(i).
Staff found the agreement was consistent with the public interest, convenience and necessity and does not discriminate against other carriers. Staff recommended this interconnection agreement be approved.
COMMISSION FINDINGS
Under the terms of the Telecommunications Act of 1996, 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 telecommunications carrier not a party to the agreement or implementation of the agreement is not consistent with the public interest, convenience and necessity. Id. Based on the information filed with the Commission, the Staff’s recommendation, and on the fact no other party commented, the Commission finds that the interconnection agreement between U S WEST and FirsTel 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 FirsTel 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. USWT0010 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-00-10. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61626.

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

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

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ORDER NO. 28396 1

Office of the Secretary
Service Date
June 13, 2000