28463.err.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND AMERICAN FIBER NETWORK, INC FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. USW-T-00-17

ORDER NO. 28463

On June 23, 2000, in accordance with the Telecommunications Act of 1996, U S WEST Communications, Inc. and American Fiber Network, Inc (“American Fiber”), a competitive local exchange service company, filed a Joint Application for approval of a negotiated interconnection agreement for wireline interconnection in accordance with Section 252(e) of the Federal Telecommunications Act. 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. The Agreement will allow American Fiber to operate in the local exchange market and provide customers with increased choices among local exchange services. American Fiber requested the Commission approve the agreement without a hearing.
On June 30, 2000, the Commission issued a Notice of Application and Modified Procedure. Order No. 28421. Comments were due July 21, 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 American Fiber.
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 telecommunication 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.
The Joint Application states that the agreement will allow American Fiber to connect to U S WEST facilities to exchange traffic, provide access to unbundled network elements, ancillary network services and retail services available for resale. Based on its review of this agreement and previously approved agreements, 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 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 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 American Fiber 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 American Fiber Network, Inc. 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. USW-T-00-17 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-00-17. 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 August 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:uswt0017_.cc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND AMERICAN FIBER NETWORK, INC FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. USW-T-00-17

ERRATA TO
ORDER NO. 28463

On August 8, 2000, the Commission issued Order No. 28463 in the above referenced case. At page 2, the Order presently reads as follows:
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 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 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 American Fiber is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds this interconnection agreement should be approved.

That section should read as follows:
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 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 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 American Fiber is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds this interconnection agreement should be approved.
Because American Fiber does not currently have a Certificate of Public Convenience and Necessity (CPCN), Staff also recommended that the Commission make clear that until American Fiber receives its CPCN, this approval does not authorize it to begin offering basic local exchange services to the public. The Commission agrees with Staff’s assertion that this Order does not authorize American Fiber to begin offering basic local exchange services to the public. Before American Fiber offers such services, it must receive a CPCN.
DATED at Boise, Idaho this day of August 2000.

Myrna J. Walters
Commission Secretary

O:uswt0017_.cc-errata

ORDER NO. 28463 -3-

Office of the Secretary
Service Date
August 10, 2000

Office of the Secretary
Service Date
August 8, 2000