28519.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND DSLNET
COMMUNICATIONS, LLC FOR APPROVAL OF A
THIRD 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 QWEST CORPORATION AND PATHNET,
INC. FOR APPROVAL OF A SECOND
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

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND INTEGRA TELECOM OF IDAHO, INC. FOR APPROVAL OF A SECOND AMENDMENT TO A PREVIOUSLY APPROVED INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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) CASE NO. USW-T-00-5

ORDER NO. 28519

On July 17, 18 and 24, 2000, Qwest Corporation filed Joint Applications for approval of amendments to previously approved, negotiated interconnection agreements between itself and DSLnet Communications, LLC, Integra Telecom of Idaho Inc. and Pathnet, Inc., respectively. On August 8, 2000, the Commission issued a Notice of Application and Modified Procedure. Comments were due August 29, 2000. The Commission Staff filed comments recommending approval. Based on the record, the comments and the law, the Commission approves the amendments to these interconnection agreements entered into by Qwest Corporation with DSLnet Communications, LLC, Integra Telecom of Idaho, Inc. and Pathnet, Inc.
BACKGROUND
Under the terms of the Telecommunications Act, interconnection agreements and amendments to them 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.
Based on its review of the proposed amendments and previously approved agreements, the Staff filed comments maintaining that they are still consistent with the public interest, convenience and necessity and do not discriminate against other carriers. Staff recommended that these amendments to the interconnection agreements be approved. No other comments were filed.
COMMISSION FINDINGS
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, Staff’s recommendation and on the fact no other person commented on the proposed amendments, the Commission finds that the amendments to the previously approved interconnection agreements entered into by Qwest Corporation with DSLnet Communications, LLC, Integra Telecom of Idaho, Inc. and Pathnet, Inc. are consistent with the public interest, convenience and necessity and do not discriminate. Therefore, the Commission finds the amendments to these interconnection agreements should be approved.
O R D E R
IT IS HEREBY ORDERED that the amendments to the interconnection agreements entered into by Qwest Corporation with DSLnet Communications, LLC, Integra Telecom of Idaho, Inc. 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-99-19, USW-T-99-29 and USW-T-00-5 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 §§ 61626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of September 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:uswt9919_29_005_amend_jh

ORDER NO. 28519 -1-

Office of the Secretary
Service Date
September 26, 2000