20000824Order No 28480.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF QWEST CORPORATION fka 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

IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION fka U S WEST COMMUNICATIONS, INC. AND
FAIRPOINT COMMUNICATIONS, INC. FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).

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CASE NO. USW-T-00-13

NOTICE OF AMENDMENTS TO EXISTING INTERCONNECTION AGREEMENTS

NOTICE OF MODIFIED PROCEDURE

ORDER NO. 28480

NOTICE OF AMENDMENTS TO EXISTING
INTERCONNECTION AGREEMENTS

YOU ARE HEREBY NOTIFIED that on August 9, 2000 and August 13, 2000, respectively, Qwest Corporation fka U S WEST Communications, Inc. (Qwest or Company) submitted amendments to existing interconnection agreements between itself and FairPoint Communications, Inc. and Firstel, Inc. for review and approval. The Joint Applications state that the amendments were reached through voluntary negotiations without resort to mediation or arbitration and are submitted for the Commission’s approval pursuant to Section 252(e) of the federal Telecommunications Act of 1996.
The Commission approved FairPoint’s underlying interconnection agreement on July 18, 2000, in Order No. 28444. The underlying agreement between Firstel and Qwest was approved by the Commission on June 13, 2000 in Order No. 28396.
YOU ARE FURTHER NOTIFIED that the Joint Application states that FairPoint desires to amend the underlying agreement by adding terms, conditions and rates of unbundled network elements combinations and shared interoffice transport. FairPoint also desires to delete in its entirety Section 10.3 of Attachment 3, customized routing, and replace it with new language.
YOU ARE FURTHER NOTIFIED that the Joint Application states that Firstel desires to amend the underlying agreement by adding terms, conditions and rates for unbundled network elements combinations, customized routing and shared interoffice transport. Firstel also desires to delete language in Section 10.3, customized routing, and replace it with new language.
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.

The parties jointly assert that the amendments to the interconnection agreements do 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 Applications and determined that the public interest may not require a hearing to consider the issues raised by the Joint Applications. Consequently, the Commission has determined that this(ese) cases 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 these proceedings 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 these Joint Applications 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-00-10 should be mailed to the Commission and Qwest Corporation fka U S WEST Communications, Inc. and Firstel 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
QWEST LAW DEPT.
1600 7TH AVENUE, SUITE 3206
SEATTLE, WA 98191

SUE E. WEISKE
IONEX TELECOMMUNICATIONS, INC.
5710 LBJ FREEWAY #215
DALLAS, TX 75240

Representative for Firstel, Inc.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. USW-T-00-13 should be mailed to the Commission and Qwest Corporation fka U S WEST Communications, Inc. and FairPoint Communications, Inc. 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
QWEST LAW DEPT.
1600 7TH AVENUE, SUITE 3206
SEATTLE, WA 98191

JOHN LAPENTA
DIRECTOR OF REGULATORY
FAIRPOINT COMMUNICATIONS, INC.
6324 FAIRVIEW ROAD, SUITE 400
CHARLOTTE, NC 28210

All comments should contain the appropriate case caption and the appropriate 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 Applications, the Interconnection Agreements and amendments to the Agreements 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 that the matters set out above be processed by Modified Procedure, pursuant to the Commission’s Rules of Procedure 201-204; IDAPA 31.01.01.201-04. Persons interested in submitting written comments in these cases 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 August 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

bls/O:uswt0010_13_amend

NOTICE OF AMENDMENTS TO
EXISTING INTERCONNECTION AGREEMENTS
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28480 1

Office of the Secretary
Service Date
August 24, 2000