20000914Comments.doc

JOHN R. HAMMOND
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5470

Street Address for Express Mail:
472 W. WASHINGTON
BOISE, ID 83702-5983

Attorney for the Commission Staff

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

COMMENTS OF THE
COMMISSION STAFF

COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its Attorney of record, John R. Hammond, Deputy Attorney General, in response to Order No. 28480, the Notice of Amendments to Existing Interconnection Agreements and Notice of Modified Procedure in Case Nos. USW-T-00-10 and USW-T-00-13 issued on August 24, 2000, submits the following comments.
On August 9, 2000 and August 13, 2000, respectively, Qwest Corporation fka U S WEST Communications, Inc. (Qwest; 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.

STAFF ANALYSIS
Both of these amendments add terms and conditions for unbundled network element combinations and include revisions to the terms and conditions for shared interoffice transport and customized routing. These amendments 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. As these terms are available to all other competitors, Staff does not find them to be discriminatory. As the availability of these terms enhances competition, Staff concurs with the Companies claim that the amendments to these agreements are consistent with the pro-competitive policies of the Commission, the Idaho Legislature, and the Telecommunications Act of 1996, and therefore are consistent with the public interest.

STAFF RECOMMENDATION
Staff recommends the Commission approve these amendments as filed.

DATED at Boise, Idaho, this day of September 2000.

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John R. Hammond
Deputy Attorney General

Technical Staff: Wayne Hart

WH:JH:gdk:jo:i:umisc/comments/uswt0010.uswt0013.jhwh
STAFF COMMENTS 1 SEPTEMBER 14, 2000