Final OrderNo. 27305.pdf

Office of the Secretary
Service Date
January 7, 1998
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICA-
TION OF ELECTRIC LIGHTWAVE, INC. AND )
U S WEST COMMUNICATIONS FOR )
APPROVAL OF AN INTERCONNECTION )
AGREEMENT PURSUANT TO SECTION 252(e))
OF THE TELECOMMUNICATIONS ACT OF )
1996. )
)
CASE NO. USW-T-97-20
ELI-T-97-1
ORDER NO. 27305
On November 17, 1997, U S WEST Communications, Inc. (U S WEST) and Electric
Lightwave, Inc. (ELI) filed a Joint Application for approval of their interconnection agreement
arrived at through voluntary negotiations. The agreement is a Local Wireline Network
Interconnection and Service Resale Agreement, No. SEA-970923-1602\C, and is submitted for
approval pursuant to 47 U.S.C. § 252(e) of the Communications Act of 1934, as amended by the
Telecommunications Act of 1996 (the Act). The agreement provides the terms, conditions, and
prices for network interconnection, access to unbundled network elements, the provision of retail
services for resale by ELI, and other interconnection issues. ELI currently is authorized to provide
nonbasic telecommunications services under Title 62, Idaho Code, but has not requested authority
from the Commission to provide basic telecommunications services pursuant to Title 61, Idaho
Code.
On November 28, 1997, the Commission issued a Notice of Joint Petition and Notice of
Modified Procedure to process the petition. Only the Commission Staff filed comments,
recommending approval of the interconnection agreement.
Section 252(e)(2) of the Act directs that a state Commission may 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.
ORDERNO. 27305 -1-
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The parties assert that the agreement does not discriminate against other telecommunication carriers
and that it is consistent with the public interest, convenience and necessity.
Staff reviewed the agreement between the parties to determine that it is consistent with
the requirements of the Telecommunications Act. Based on the recommendation of the Staff, we
find that the agreement between ELI and U S WEST should be approved.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between U S WEST
Communications, Inc. and Electric Lightwave, Inc. is approved. Terms of the agreement that are not
already in effect shall be effective as of the date of this Order.
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.
USW-T-97-20 and ELI-T-97-1 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. USW-T-97-20 and ELI-T-97- 1. Within seven (7) days
after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code § 61-626.
ORDER NO. 27305 -2-
. .
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 74
day of January 1998.
J II ILL'. HANS~&, SIDENT
RALPH NELSON, COMMTS SIONER
- Mit
ATTEST:
Myrna J. Walters
Commission Secretary
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ORDER NO. 27305 -3-