28716.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORTATION FKA AS U S WEST
COMMUNICATIONS, INC., AND ELECTRIC
LIGHTWAVE, INC. FOR APPROVAL OF AN
AMENDMENT TO A WIRELINE
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-00-21

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND @LINK
NETWORKS, INC. FOR APPROVAL OF
AMENDMENTS NOS. 1 & 2 TO AN EXISTING
WIRELINE INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. QWE-T-00-6

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION, FKA U S WEST
COMMUNICATIONS AND NEW EDGE
NETWORK, INC. FOR APPROVAL OF THE
FIRST AND FIFTH AMENDMENTS TO AN
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 JOINT APPLICATION
OF QWEST CORPORATION, FKA U S WEST
COMMINCATIONS AND FRETEL
COMMUNICATIONS LLC., FOR APPROVAL OF
THE UNBUNDLED NETWORK ELEMENTS
COMMBINATIONS AMENDMENT TO AN
EXISTING INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-99-14

IN THE MATTER OF THE JOINT APPLICATION
IN THE MATTER OF QWEST CORPORATION
FKA U S WEST COMMUNICATIONS AND
COMPUTER BUSINESS SCIENCES, INC., FOR
APPROVAL OF AMENDMENT NO. 1 TO AN
EXISTING INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-99-11

ORDER NO. 28716

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION, FKA U S WEST
COMMUNICATIONS AND HIGHSPEED.COM OF
IDAHO, LLC., FOR APPROVAL OF
AMENDMENTS TO AN EXISTING WIRELINE
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-99-10

In these cases the Commission is asked to approve amendments to previously approved interconnection agreements.
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 amendments to existing interconnection agreements. These agreements are discussed in greater detail below.
Qwest Corporation and Electric Lightwave, Inc., Case No. USW-T-00-21. In this case the parties have requested the Commission approve an amendment to their existing wireline interconnection agreement that adds terms for local number portability managed cuts.
Qwest Corporation and @link Networks, Inc., Case No. QWE-T-00-6. In this case the parties have requested that the Commission approve Amendments Nos. 1 and 2 to their existing wireline interconnection agreement. Amendment 1 adds terms, conditions and rates for unbundled interoffice transport. Amendment 2 is intended to replace the Line Sharing Interim Agreement entered into between @link and Qwest on April 24, 2000.
Qwest Corporation and New Edge Network, Inc., Case No. USW-T-99-23. In this case the parties request that the Commission approve the First and Fifth Amendments to an existing wireline interconnection agreement between them. The First Amendment clarifies and updates the terms for collocation in accordance with FCC rules changes. The Fifth Amendment revises terms, conditions and rates for unbundled loops.
4. Qwest Corporation and Fretel Communications, LLC, Case No. USW-T-99-14. In this case the parties request that the Commission approve an Amendment to an existing interconnection agreement between the parties. The Amendment adds terms, conditions and rates for Unbundled Network Elements Combinations.
5. Qwest Corporation and Computer Business Sciences, Inc., Case No. USW-T-99-11. In this case the parties request that the Commission approve Amendment No. 1 to the existing interconnection agreement between the parties. This Amendment is intended to replace the Interim Line Sharing Agreement Computer Business entered into on May 17, 2000 and adds terms, conditions and rates for Line Sharing.
6. Qwest Corporation and HighSpeed.Com of Idaho, LLC, Case No. USW-T-99-10. In this case the parties request that the Commission approve two Amendments to an existing interconnection agreement between them. Amendment No. 3 is intended to replace the Interim Line Sharing Agreement HighSpeed entered into on May 19, 2000 and adds terms, conditions and rates for Line Sharing. The other Amendment provides terms, conditions and rates for Unbundled Network Element Combinations.
STAFF RECOMMENDATION
The Staff has reviewed these Applications and did not find that any terms and conditions to be discriminatory or contrary to the public interest. Staff believes that these 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 Applications, the Staff’s recommendation and on the fact no other person commented on these Applications, the Commission finds that the above 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 Amendments does not negate the responsibility of any of the parties to these agreements to obtain a Certificate of Public Convenience and Necessity if they are offering local exchange services or 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 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 Amendment to the interconnection agreement between Qwest Corporation and Electric Lightwave, Inc., in Case No. USW-T-00-21, is approved.
IT IS FURTHER ORDERED that Amendments Nos. 1 and 2 to an interconnection agreement between Qwest Corporation and @link Networks, Inc., in Case No. QWE-T-00-6, are approved.
IT IS FURTHER ORDERED that the First and Fifth Amendments to an existing interconnection agreement between Qwest Corporation and New Edge Network, in Case No. USW-T-99-23, are approved.
IT IS FURTHER ORDERED that the Amendment to an existing interconnection agreement between Qwest Corporation and Fretel Communications, LLC, in Case No. USW-T-99-14, is approved.
IT IS FURTHER ORDERED that the Amendment to an existing interconnection agreement between Qwest Corporation and Computer Business Sciences, Inc., in Case No. USW-T-99-11, is approved.
IT IS FURTHER ORDERED that the two Amendments to an existing interconnection agreement between Qwest Corporation and HighSpeed.Com of Idaho LLC, in Case No. USW-T-99-10, 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 these Case Nos. USW-T-00-21, QWE-T-00-6, USW-T-99-23, USW-T-99-14, USW-T-99-11 and USW-T-99-10 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 April 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:uswt0021_9923_9914_9911_9910_qwet006_jh

ORDER NO. 28716 1

Office of the Secretary
Service Date
April 25, 2001