28544.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF VERIZON NORTHWEST (F/K/A GTE NORTHWEST) AND AVISTA COMMUNICATIONS OF IDAHO TO SUPPLEMENT THEIR INTERCONNECTION AGREEMENT WITH ADOPTED TERMS. )
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CASE NO. GTE-T-00-5 IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION (F/K/A U S WEST COMMUNICATIONS) AND UNITED STATES CELLULAR MOBILE TELEPHONE NETWORK TO APPROVE A SECOND AMENDMENT TO THEIR INTERCONNECTION AGREEMENT. )
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CASE NO. USW-T-97-8 IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION (F/K/A U S WEST COMMUNICATIONS) AND McLEODUSA TELECOMMUNICATIONS SERVICES TO APPROVE A SECOND AMENDMENT TO THEIR INTERCONNECTION AGREEMENT. )
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CASE NO. USW-T-99-28 IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION (F/K/A U S WEST COMMUNICATIONS) AND INTEGRA TELECOM OF IDAHO TO STIPULATE TO ADDITIONAL TERMS AND CONDITIONS TO THEIR INTERCONNECTION AGREEMENT. )
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CASE NO. USW-T-00-5 IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION (F/K/A U S WEST COMMUNICATIONS) AND INTEGRA TELECOM OF IDAHO TO APPROVE A THIRD AMENDMENT TO THEIR INTERCONNECTION AGREEMENT. )
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CASE NO. USW-T-00-5

ORDER NO. 28544
In these five separate Applications, the respective parties have asked the Commission to approve various changes to their interconnection agreements previously approved by this Commission. After reviewing the proposed amendments to the five interconnection agreements, the Commission approves the proposed changes as set out in greater detail below.
THE APPLICATIONS
As previously mentioned, the Commission has been asked to approve amendments to five existing interconnection agreements. The five Applications are discussed below.
Verizon and Avista Communications of Idaho (Case No. GTE-T-00-5). In this case, the parties request that the Commission approve additional terms to an interconnection agreement adopted by the parties and approved by the Commission on April 18, 2000. The parties have included additional terms, conditions and appendices that address the provision of collocation services, and the provision of unbundled network elements (UNEs).
Qwest and United States Cellular (Case No. USW-T-97-8). In this Application, the parties request the Commission approve their second amendment to an interconnection agreement originally approved in Order No. 26921 issued on May 19, 1997. The second amendment adds terms and conditions for interlocal calling area, or commonly referred to as “interLCA Facilities.” This amendment is also being offered in the states of Iowa, Oregon, and Washington.
3. Qwest and McLeodUSA Telecommunication Services (Case No. USW-T-99-28). In this Application, the parties request the Commission approve a second amendment to the parties’ interconnection agreement approved by the Commission in Order No. 28255 issued January 19, 2000. The second amendment incorporates changes to the reciprocal traffic exchange terms found in Part C, Section 2 of the original Interconnection Agreement.
4. Qwest and Integra Telecom of Idaho (Case No. USW-T-00-5). In this Application, the parties request that the Commission approve a stipulation adding terms, conditions and rates for collocation. Integra Telecom adopts the terms and conditions of the stipulation for collocation intervals previously entered into between Qwest and Rhythms Links dated April 9, 2000. The original interconnection agreement between Integra and Qwest’s predecessor, U S WEST Communications, was approved in Order No. 28360 issued April 28, 2000.
5. Qwest and Integra Telecom of Idaho (Case No. USW-T-00-5). In this Application, the parties request that the Commission approve amendment No. 3 to their interconnection agreement. As mentioned in the preceding paragraph, the Commission approved the underlying interconnection agreement in Order No. 28360 issued April 28, 2000. In this third amendment, the parties have included new terms and conditions for physical collocation, access to unbundled loop qualification data basis, unbundled loop order provisioning, customer care standards, and interim shared loop prices.
The Commission Staff reviewed all five applications and did not find any terms or conditions that are discriminatory or contrary to the public interest. The Staff noted that the proposed changes to the underlying interconnection agreements were the product of voluntary negotiations. Consequently, the Staff recommended that the Commission approve the proposed changes to the interconnection agreements.
DISCUSSION AND FINDINGS
Under the provisions of the federal 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 negotiations only if it finds that the agreement: (1) discriminates against telecommunications carrier not a party to the agreement; or (2) implementation of the agreement is not consistent with the public interest, convenience and necessity. 47 U.S.C. § 252(e)(2)(A). As the Commission recently noted in Order No. 28427, companies voluntarily entering into interconnection agreements “may negotiate terms, prices and conditions that do not comply with either the FCC rules or with the provisions with Section 251(b) or (c).” Order No. 28427 at 11 (emphasis original). This comports with the FCC’s statement that “a state commission shall have authority to approve an interconnection agreement adopted by negotiation even if the terms of the agreement do not comply with the requirements of [Part 51].” 47 C.F.R. § 51.3.
Based upon our review of the proposed amendments and the Staff’s recommendation, we find that the amendments to the respective interconnection agreements shall be approved. We further find that the proposed changes are neither discriminatory nor contrary to the public interest.
O R D E R
IT IS HEREBY ORDERED that the amendments to the interconnection agreements discussed above are approved. Terms of the agreements that are not already in effect shall be effective as of the date of this Order.
IT IS FURTHER ORDERED that the supplemental agreement to adopt additional terms and conditions entered into between Verizon Northwest and Avista Communications in Case No. GTE-T-00-5 is approved.
IT IS FURTHER ORDERED that the terms and conditions included in the second amendment to the interconnection agreement between United States Cellular Mobile Telephone Network and Qwest Corporation in Case No. USW-T-97-8 is approved.
IT IS FURTHER ORDERED that the second amendment to the interconnection agreement entered into between McLeodUSA Telecommunications Services and Qwest Corporation in Case No. USW-T-99-28 is approved.
IT IS FURTHER ORDERED that the terms and conditions contained in the stipulation and the third amendment to the interconnection agreement between Integra Telecom of Idaho and Qwest Corporation in Case No. USW-T-00-5 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 these Case Nos. GTET005, USW-T-97-8, USW-T-99-28, USW-T-00-5 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 Case Nos. GTET005, USW-T-97-8, USW-T-99-28, USW-T-00-5. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61-626 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

vld/O: GTET005_ USWT978_9928_005_dh

ORDER NO. 28544 1

ORDER NO. 28544 1

Office of the Secretary
Service Date
October 16, 2000