HomeMy WebLinkAbout28370.mod.docBEFORE 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, INC. DBA ONE EIGHTY 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-98-19
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
NOTICE OF AMENDMENTS TO EXISTING INTERCONNECTION AGREEMENTS
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28370 NOTICE OF AMENDMENTS TO EXISTING
INTERCONNECTION AGREEMENTS
YOU ARE HEREBY NOTIFIED that on April 5, 2000, April 21, 2000, and April 12, 2000, respectively, U S WEST Communications, Inc. (U S WEST or Company) submitted amendments to five existing interconnection agreements between itself and FirsTel, Inc.; Avista Communications, Inc. dba One Eighty Communications, Inc.; CCCID, Inc. dba Connect!; DSLnet Communications, LLC; and Pathnet, Inc. for review and approval. The Joint Applications state that the amendments were reached through voluntary negotiations without resort to mediation or arbitration and are submitted for the Commission’s approval pursuant to Section 252(e) of the federal Telecommunications Act of 1996.
The Commission approved FirsTel’s underlying interconnection agreement on September 28, 1998, in Order No. 27753. Avista’s underlying interconnection agreement was approved by the Commission on December 18, 1998 by Order No. 27827. On March 3, 1999 in Order No. 27954, the Commission approved Connect!’s underlying interconnection agreement. DSLnet’s previously approved wireline agreement was issued by the Commission on October 19, 1999 in Order No.28180. The Commission approved Pathnet’s interconnection agreement on February 9, 2000 in Order No. 28280.
YOU ARE FURTHER NOTIFIED that the Joint Application states that FirsTel desires to access certain pre-existing combinations of unbundled network elements in accordance with the Federal Communications Commission’s 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).
YOU ARE FURTHER NOTIFIED that the Joint Application states that Avista desires to access pre-existing combinations of unbundled network elements in accordance with the Federal Communications Commission’s 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).
YOU ARE FURTHER NOTIFIED that the Joint Application states that Connect! desires to modify Section 8, Collocation, by adding terms and conditions regarding Cageless Physical Collocation and deletes Section 3 in its entirety and replaces it with new termination language.
YOU ARE FURTHER NOTIFIED that the Joint Application states that DSLnet desires to place orders for unbundled dedicated interoffice transport (UDIT), asymmetric digital subscriber loop (ADSL) and line conditioning in the form of load coil and bridge tap removals. DSLnet also desires to access certain pre-existing combinations of unbundled network elements in accordance with the Federal Communications Commission’s 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).
YOU ARE FURTHER NOTIFIED that the Joint Application states that Pathnet desires to amend its interconnection agreement with language that was inadvertently omitted from the agreement. The parties agree to amend the Agreement as follows:
Add as Section (A)1.8:
This Agreement sets forth the terms, conditions and prices under which USW agrees to provide (a) services for resale and (b) certain UNEs, ancillary functions and additional features to Pathnet, all for the sole purpose of providing Telecommunications Services. The Agreement also sets forth the terms, conditions and reciprocal compensation for the exchange of Exchange Service (EAS/Local) and Exchange Access traffic between USW and Pathnet, Jointly Provided Switch Access (InterLATA and IntraLATA presubscribed/dial around) traffice and Special Access between USW, Pathnet and Interexchange Carrier (IXC) for purposes of offering Telecommunications Services.
YOU ARE FURTHER NOTIFIED that Section 252(e)(2) of the Act authorizes a state Commission to 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.
The parties jointly assert that the amendments to the interconnection agreements do not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the Joint Applications and determined that the public interest may not require a hearing to consider the issues raised by the Joint Applications. Consequently, the Commission has determined that these cases may be processed under Modified Procedure, i.e., by written submission rather than by hearing. See Commission Rules of Procedure, IDAPA 31.01.01.201-.204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in these proceedings unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. See IDAPA 31.01.01.203.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on these Joint Applications may file a written comment in support or opposition with the Commission within twenty-one (21) days from the date of this Notice. The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. USW-T-98-10 should be mailed to the Commission and U S WEST and FirsTel at the addresses reflected below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, IDAHO 83702-5983 PETER J. BUTLER
SENIOR ATTORNEY
U S WEST LAW DEPARTMENT
1600 7TH AVENUE, SUITE 3206
SEATTLE, WA 98191
BRAD VANLEUR
FIRSTEL, INC.
110 S. PHILLIPS, SUITE 202
SOUIX FALLS, SD 57102
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. USW T 98-19 should be mailed to the Commission and U S WEST and Avista at the addresses reflected below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE ID 83720-0074
STREET ADDRESS FOR EXPRESS MAIL:
472 W. WASHINGTON ST.
BOISE, ID 83702-5983 PETER J. BUTLER
SENIOR ATTORNEY
U S WEST LAW DEPARTMENT
1600 7TH AVENUE, SUITE 3206
SEATTLE, WA 98191
SHARON SIERS
CHIEF FINANCIAL OFFICER/REG AFFAIRS
ONE EIGHTY COMMUNICATIONS, INC.
118 N. STEVENS
SPOKANE, WA 98201
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. USW T 99-2 should be mailed to the Commission and U S WEST and Connect! at the addresses reflected below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE ID 83720-0074
STREET ADDRESS FOR EXPRESS MAIL:
472 W. WASHINGTON ST.
BOISE, ID 83702-5983 PETER J. BUTLER
SENIOR ATTORNEY
U S WEST LAW DEPARTMENT
1600 7TH AVENUE, SUITE 3206
SEATTLE, WA 98191
CINDY LEE
CCCID, INC. DBA CONNECT!
124 W. CAPITOL AVENUE, SUITE 250
LITTLE ROCK, AR 72201
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. USW-T-99-19 should be mailed to the Commission and U S WEST and DSLnet at the addresses reflected below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, IDAHO 83702-5983 PETER J. BUTLER
SENIOR ATTORNEY
U S WEST LAW DEPARTMENT
1600 7TH AVENUE, SUITE 3206
SEATTLE, WA 98191
WENDY BLUEMLINK
DIRECTOR - REGULATORY AFFAIRS
DSLnet COMMUNICATIONS, LLC
545 LONG WHARF DRIVE, 5TH FLOOR
NEW HAVEN, CT 06511
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. USW-T-99-29 should be mailed to the Commission and U S WEST and Pathnet at the addresses reflected below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, IDAHO 83702-5983 PETER J. BUTLER
SENIOR ATTORNEY
U S WEST LAW DEPARTMENT
1600 7TH AVENUE, SUITE 3206
SEATTLE, WA 98191
MICHAEL LUBIN
GENERAL COUNSEL
PATHNET, INC.
1015 31ST STREET NW, SUITE 500
WASHINGTON, DC 20007
All comments should contain the appropriate case caption(s) and the appropriate case number(s) shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. See IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that the Joint Applications, the Interconnection Agreements and amendments to the Agreements together with supporting workpapers, and exhibits have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 and Title 62 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Title 61 or Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
O R D E R
IT IS HEREBY ORDERED that the matters set out above be processed by Modified Procedure, pursuant to the Commission’s Rules of Procedure 201-204; IDAPA 31.01.01.201-04. Persons interested in submitting written comments in these cases should file the comments with the Commission and the parties within 21 days of the service date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of May 2000.
DENNIS S. HANSEN, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
PAUL KJELLANDER, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
bls/O:usw_interconnect_amends
NOTICE OF AMENDMENTS TO
EXISTING INTERCONNECTION AGREEMENTS
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28370 1
Office of the Secretary
Service Date
May 5, 2000