20001011Order No 28536.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

ORDER NO. 28536
On August 9, 2000, Qwest Corporation and Fairpoint Communications, Inc. filed a Joint Application for approval of an amendment to their previously approved, negotiated interconnection agreement. On August 13, 2000, Qwest Corporation and Firstel, Inc. filed a Joint Application for approval of an amendment to their previously approved, negotiated wireline interconnection and resale agreement. On August 24, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure for both of these applications. In the Commission’s Notice, persons interested in submitting comments were requested to do so no later than September 14, 2000. Based on the record, the comments and the law, the Commission approves these amended interconnection agreements.
Staff Recommendation
In its comments Staff noted that the proposed amendments to these agreements add terms and conditions for unbundled network element combinations and include revisions to the terms and conditions for shared interoffice transport and customized routing. Further, Staff recognized that these amendments will implement the requirements of the Federal Communications Commission’s November 5, 1999 order in Docket No. 96-98, which identified the unbundled network elements required to satisfy the “necessary” and “impair” standards of Section 251(d)(2) of the Telecommunications Act of 1996. Staff noted that because these terms are available to all other competitors, it does not find them to be discriminatory. Finally, Staff believes these terms will enhance competition and that they are consistent with the pro-competitive policies of the Commission, the Idaho Legislature, and the Telecommunications Act of 1996. Accordingly, Staff found that these amendments were consistent with the public interest and should be approved.
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 amendments, the Commission finds that the respective amendments to previously approved interconnection agreements between Qwest Corporation and Fairpoint Communications, Inc. and Qwest Corporation and Firstel, Inc. is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds these amended interconnection agreements should be approved.
O R D E R
IT IS HEREBY ORDERED that the amended interconnection agreements between Qwest Corporation and Fairpoint Communications, Inc. and Qwest Corporation and FirsTel, Inc. are 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 Nos. USW-T-00-10 and USW-T-00-13 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 these cases. 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 October 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:uswt0010_13_amend_jh
The Commission on July 18, 2000, approved the original interconnection agreement between Qwest and Fairpoint. Order No. 28444.

The Commission on June 13, 2000, approved the original interconnection agreement between Qwest and Firstel. Order No. 28396.

ORDER NO. 28536 1

Office of the Secretary
Service Date
October 11, 2000