28280.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

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

ORDER NO. 28280

On December 7 1999, a joint Application was filed by U S WEST Communications, Inc. and Pathnet, Inc. The agreement provides Pathnet access to U S WEST’s unbundled network elements and enables Pathnet to resell U S WEST’s services. On December 21, 1999, the Commission issued a Notice of Joint Application and Notice of Modified Procedure. Written comments were filed only by the Commission Staff. Staff recommends approval of the interconnection agreement as filed.
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.

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 upon our review of the record, including the recommendation of the Staff, we find that the agreement between U S WEST Communications, Inc. and Pathnet, Inc. should be approved.

O R D E R
IT IS HEREBY ORDERED that the interconnection agreement between U S WEST Communications, Inc. and Pathnet, 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 this Case No. 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 No. 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 § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of February 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

Myrna J. Walters
Commission Secretary

bls/O:USW-T-99-29_ws2

ORDER NO. 28280 1

Office of the Secretary
Service Date
February 9, 2000