28400.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF FIRSTEL, INC. AND U S WEST
COMMUNICATIONS, INC. FOR APPROVAL OF AN AMENDMENT TO A PREVIOUSLY
APPROVED INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. USW-T-98-10

IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND AVISTA COMMUNICATIONS OF IDAHO, INC. FOR APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. USW-T-98-19

IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND CCCID, INC. DBA CONNECT! FOR APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. USW-T-99-2

IN THE MATTER OF THE JOINT APPLICATION
OF U S WEST COMMUNICATIONS, INC. AND
DSLNET COMMUNICATIONS, LLC FOR
APPROVAL OF AN AMENDMENT TO A
PREVIOUSLY APPROVED WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. USW-T-99-19
IN THE MATTER OF THE JOINT APPLICATION
OF U S WEST COMMUNICATIONS, INC. AND
PATHNET, INC. FOR APPROVAL OF AN
AMENDMENT TO A PREVIOUSLY APPROVED
RESALE AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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) CASE NO. USW-T-99-29

ORDER NO. 28400

On April 5, 2000, April 21, 2000, and April 12, 2000, respectively, U S WEST Communications, Inc. submitted amendments to five existing and previously approved interconnection agreements between itself and FirsTel, Inc.; Avista Communications of Idaho, Inc.; CCCID, Inc. dba Connect!; DSLnet Communications, LLC; and Pathnet, Inc. for review and approval. Each of the Joint Applications stated that the amendments were reached through voluntary negotiations without resort to mediation or arbitration and were submitted for the Commission’s approval pursuant to Section 252(e) of the federal Telecommunications Act of 1996. The parties requested the Commission approve the amendments to the agreements without a hearing.
On May 5, 2000, the Commission issued a Notice of Amendments to Existing Interconnection Agreements and Modified Procedure. Order No. 28370. Comments were due May 26, 2000. Only Staff filed comments and recommended approval of each Joint Application.
Based on the record, the comments and the law, the Commission approves the respective amendments to the interconnection agreements between U S WEST and FirsTel, Inc., U S WEST and Avista Communications of Idaho, Inc., U S WEST and CCCID dba Connect!, U S WEST and DSLnet Communications, LLD, and U S WEST and Pathnet, Inc.
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 Commission approved FirsTel’s existing interconnection agreement on September 28, 1998. Order No. 27753. Avista’s existing interconnection agreement was approved by the Commission on December 18, 1998. Order No. 27827. DSLnet’s existing wireline agreement was approved by the Commission on October 19, 1999. Order No. 28180. According to the Joint Applications, the proposed amendments incorporate pre-existing combinations of unbundled network elements in accordance with the Federal Communications Commission’s (FCC) decision in Docket No. 96-98 issued November 5, 1999. See In the Matter of Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, CC Docket No. 96-98 (Nov. 5, 1999).
On March 3, 1999, the Commission approved Connect!’s existing interconnection agreement. Order No. 27954. According to its Joint Application, the proposed amendment modifies Section 8, Collocation, of Connect!’s existing interconnection agreement by adding terms and conditions regarding Cageless Physical Collocation and deletes Section 3 in its entirety and replaces it with new termination language.
The Commission approved Pathnet’s interconnection agreement on February 9, 2000. Order No. 28280. According to its Joint Application, the proposed amendment incorporates language that was inadvertently omitted from the agreement.
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 respective amendments to previously approved interconnection agreements between U S WEST and FirsTel, U S WEST and Avista Communications, U S WEST and CCCID dba Connect!, U S WEST and DSLnet, and U S WEST and Pathnet are consistent with the public interest, convenience and necessity and do not discriminate. Therefore, the Commission finds these amendments to previously approved interconnection agreement should be approved.
O R D E R
IT IS HEREBY ORDERED that the interconnection agreement between U S WEST and FirsTel, Inc., U S WEST and Avista Communications of Idaho, Inc., U S WEST and CCCID dba Connect!, U S WEST and DSLnet Communications, LLC, and U S WEST and Pathnet, Inc. are 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 Case Nos. USW-T-98-10; USW-T-98-19, USW-T-99-02, USW-T-99-19, USWT9924, USW-T-99-29, 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 Nos. USWT-98-10; USW-T-98-19, USW-T-99-02, USW-T-99-19, USWT9924, USW-T-99-29. 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 June 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:usw_interconnect_amends_cc

ORDER NO. 28400 1

Office of the Secretary
Service Date
June 13, 2000