20010622Order No 28759.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
VERIZON NORTHWEST INC. AND FUZION
WIRELESS COMMUNICATIONS, INC. FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. VZN-T-01-6

IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST INC. AND 1-800-
RECONEX, INC. FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e).
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CASE NO. VZN-T-01-7

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND CIERA
NETWORKS SYSTEMS, INC. FOR APPROVAL
OF AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-01-8

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND SUMMIT
WIRELESS, LLC FOR APPROVAL OF A
WIRELINE PICK AND CHOOSE
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-01-9

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND SPRINT
SPECTRUM, L.P. FOR APPROVAL OF THE
FIRST AMENDMENT TO TYPE 2 WIRELESS
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-97-7
SPS-T-97-1

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND ADVANCED
TELCOM, INC. DBA ADVANCED TELECOM
GROUP FOR APPROVAL OF TWO
AMENDMENTS TO THE EXISTING WIRELINE
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-98-22

ORDER NO. 28759

IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND
HIGHSPEED.COM OF IDAHO LLC FOR
APPROVAL OF THE UNBUNDLED NETWORK
ELEMENTS COMBINATIONS AMENDMENT
TO THE EXISTING WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-99-10

IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND NPCR, INC. FOR APPROVAL OF THE
SINGLE POINT OF PRESENCE AMENDMENT
TO THE EXISTING TYPE 2 WIRELESS
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-99-22

IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND NEW EDGE
NETWORK, INC. FOR APPROVAL OF
AMENDMENT NO. 6 TO THE EXISTING
WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. §
252(e).
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CASE NO. USW-T-99-23

IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND INTEGRA
TELECOM, INC. FOR APPROVAL OF A
MULTI-SERVICE AMENDMENT TO THE
EXISTING WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. §
252(e).
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CASE NO. USW-T-00-5 IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND PROGRESSIVE
PAGING FOR APPROVAL OF THE
COMPENSATION FOR DELIVERY OF QWEST
ORIGINATED TRAFFIC AMENDMENT TO
THE EXISTING WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-00-6

IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND EDGE
WIRELESS, LLC FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING INTER-
CONNECTION AGREEMENT PURSUANT TO
47 U.S.C. § 252(e).
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CASE NO. USW-T-00-18 IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND McLEODUSA
TELECOMMUNICATIONS SERVICES, INC.
FOR APPROVAL OF AN AMENDMENT TO
THE EXISTING WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-00-7 IN THE MATTER OF THE APPLICATION OF
VERIZON NORTHWEST, INC. AND VERIZON
ADVANCED DATA, INC. FOR APPROVAL OF
AN AMENDMENT TO THE EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e). ))))))
CASE NO. GTE-T-00-10

In these cases, the Commission is asked to approve both new interconnection agreements and amendments to agreements that were previously approved by the Commission.
BACKGROUND
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.
THE CURRENT APPLICATIONS
The Commission has been asked to approve these interconnection agreements and amendments to existing interconnection agreements. These agreements are discussed in greater detail below.
Verizon Northwest, Inc. and Fuzion Wireless Communications, Inc. (Fuzion) (Case No. VZN-T-01-6). In this Agreement Fuzion requests that it be allowed to adopt the terms and conditions contained in its agreement with Verizon Florida Inc., modified with Idaho-specific prices. The prices are similar to those in the Verizon-Nextlink Idaho Agreement.
Verizon Northwest, Inc. and 1-800-RECONEX, Inc. (Case No. VZN-T-01-7). The parties have requested approval of a negotiated Interconnection Agreement. RECONEX currently does not have a Certificate of Public and Convenience and Necessity for the state of Idaho.
Qwest Corporation and Ciera Networks Systems, Inc. (Case No. QWE-T-01-8). This is a Resale Agreement for the sole purpose of providing telecommunications services. Ciera does not currently have a valid Certificate of Public Convenience and Necessity.
Qwest Corporation and Summit Wireless, LLC (Case No. QWE-T-01-9). This is a wireline pick and choose Agreement in which Summit selects the Qwest-Western Wireless Agreement approved by the Commission in Case Nos. USW-T-96-11 and WST-T-96-1, Order No. 26773.
5. Qwest Corporation and Sprint Spectrum L.P. (Case Nos. USW-T-97-7/SPS-T-97-1). This Amendment adds terms and conditions for alternate access to the Qwest network at a single point of presence (SPOP).
6. Qwest Corporation and Advanced Telcom, Inc. (Case No. USW-T-98-22). This case includes two amendments to the original Agreement. One adds terms and conditions for Complex Firm Order Confirmation and the other revises the terms and conditions for DS1/DS3 capable loops.
7. Qwest Corporation and Highspeed.com of Idaho, LLC. (Case No. USW-T-99-10). This Amendment, filed April 23, 2001, adds terms and conditions for unbundled network element (UNE) combinations.
8. Qwest Corporation and NCPR, Inc. (Case No. USW-T-99-22). This Amendment includes terms for SPOP alternate access to the Qwest network.
9. Qwest Corporation and New Edge Networks, Inc. (Case No. USW-T-99-23). This Amendment, referred to as Amendment No. 6, adds terms and conditions for line sharing that will replace the Interim Line Sharing Agreement between the parties and to also replace Amendment No. 2 to the Underlying Agreement.
10. Qwest Corporation and Integra Telcom, Inc. (Case No. USW-T-00-5). This Amendment, referred to as the Multi-Service Amendment, provides terms for enhanced extended loop (EEL), local number portability (LNP) managed cuts, x-DSL-I and Express Entry Facilities.
11. Qwest Corporation and Progressive Paging, LLC (Case No. USW-T-00-6). This Amendment provides terms and conditions for compensation for delivery of Qwest originated traffic.
12. Qwest Corporation and McLeodUSA, Inc. (Case No. USW-T-00-7) This Amendment provides terms for multiple products, including unbundled network element (UNE) combinations x-DSL-I capable loops, line sharing, LNP managed cuts, shared transport and unbundled dedicated interoffice transport (UDIT) rearrangements.
13. Qwest Corporation and Edge Wireless, LLC (Case No. USW-T-00-18). This Amendment provides terms for SPOP access to the Qwest network.
14. Verizon Northwest, Inc. and Verizon Advanced Data, Inc. (Case No. GTE-T-00-10). This Amendment adds supplemental terms for collocation that were contained in the Verizon-Nextlink Idaho, Inc. Agreement with Verizon.
STAFF RECOMMENDATION
The Staff has reviewed these Applications and did not find any terms and conditions to be discriminatory or contrary to the public interest. Staff believes that the interconnection agreements and the amendments to interconnection agreements are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff believes that the Applications merit the Commission’s approval.
COMMISSION DECISION
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 these Applications, the Commission finds that the above interconnection agreements and amendments to previously approved interconnection agreements are consistent with the public interest, convenience and necessity and do not discriminate. Therefore, the Commission finds that these Applications should be approved. However, approval of these Agreements and Amendments to Agreement does not negate the companies interconnecting with Qwest and Verizon from the responsibility to obtain a Certificate of Public Convenience and Necessity if they are offering local exchange services or from complying with Idaho Code §§ 62-604 and 62-606 if they are providing other non-basic local exchange services telecommunications services as defined by Idaho Code § 62-603.
O R D E R
IT IS HEREBY ORDERED that the interconnection agreements and amendments to 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 interconnection agreement between Verizon Northwest, Inc. and Fuzion Wireless Communications, Inc., in Case No. VZN-T-01-6, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Verizon Northwest, Inc. and 1-800-RECONEX, Inc., in Case No. VZN-T-01-7, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and Ciera Networks Systems, Inc., in Case No. QWE-T-01-8, is approved.
IT IS FURTHER ORDERED that the wireline interconnection agreement between Qwest Corporation and Summit Wireless, LLC, in Case No. QWE-T-01-9.
IT IS FURTHER ORDERED that the amendment to previously approved interconnection agreements between Qwest Corporation and Sprint Spectrum L.P., in Case Nos. USW-T-97-7 and SPR-T-97-1, is approved.
IT IS FURTHER ORDERED that the amendments to the previously approved interconnection agreement between Qwest Corporation and Advanced Telcom, Inc., in Case No. USW-T-98-22, are approved.
IT IS FURTHER ORDERED that the amendment to the previously approved interconnection agreement between Qwest Corporation and Highspeed.com of Idaho, LLC, in Case No. USW-T-99-10, is approved.
IT IS FURTHER ORDERED that the amendment to a previously approved interconnection agreement between Qwest Corporation and NCPR, Inc., in Case No. USW-T-99-22, is approved.
IT IS FURTHER ORDERED that the amendment to the previously approved interconnection agreement between Qwest Corporation and New Edge Networks, Inc., in Case No. USW-T-99-23, is approved.
IT IS FURTHER ORDERED that the amendment to the previously approved interconnection agreement between Qwest Corporation and Integra Telcom, Inc., in Case No. USW-T-00-5, is approved.
IT IS FURTHER ORDERED that the amendment to the previously approved interconnection agreement between Qwest Corporation and Progressive Paging, LLC, in Case No. USW-T-00-6, is approved.
IT IS FURTHER ORDERED that the amendment to the previously approved interconnection agreement between Qwest Corporation and McLeodUSA, Inc., in Case No. USW-T-00-7, is approved.
IT IS FURTHER ORDERED that the amendment to the previously approved interconnection agreement between Qwest Corporation and Edge Wireless, LLC, in Case No. USW-T-00-18, is approved.
IT IS FURTHER ORDERED that the amendment to the previously approved interconnection agreement between Verizon Northwest, Inc. and Verizon Advanced Data, Inc., in Case No. GTE-T-00-10, 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. VZN-T-01-6, VZN-T-01-7, QWE-T-01-8, QWE-T-01-9, USW-T-97-7, SPR-T-97-1, USW-T-98-22, USW-T-99-10, USW-T-99-22, USW-T-99-23, USW-T-00-5, USW-T-00-6, USW-T-00-7, USW-T-00-18 and GTE-T-00-10 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 §§ 61-626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of June 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:vznt016_017_qwet018_019_uswt977_spst971_uswt9822_9910_9922_9923_005_006_0018_qwet007_gte0010.

ORDER NO. 28759 1

Office of the Secretary
Service Date
June 22, 2001