28577.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF VERIZON NORTHWEST (f/k/a GTE NORTHWEST INCORPORATED) AND SERVISENSE.com, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. VZN-T-00-3
IN THE MATTER OF THE JOINT APPLICATION OF VERIZON NORTHWEST AND SIMPLY CELLULAR AND TELEPHONE, LLP FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. VZN-T-00-4 IN THE MATTER OF THE JOINT APPLICATION OF VERIZON NORTHWEST (f/k/a GTE NORTHWEST INCORPORATED) AND SPRINT COMMUNICATIONS COMPANY L.P. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. VZN-T-00-5 IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION (f/k/a U S WEST COMMUNICATIONS, INC.) AND TELICOR, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. QWE-T-00-16

ORDER NO. 28577
In these four separate Applications, the respective parties have asked the Commission to approve their interconnection agreements. After reviewing the proposed interconnection agreements, the Commission approves the interconnection agreements as set out in greater detail below.
THE APPLICATIONS
As previously mentioned, the Commission has been asked to approve four interconnection agreements. The four Applications are discussed below.

1. Verizon and ServiSense.com, Inc. (Case No. VZN-T-00-3). In this Application, the parties request that the Commission approve a resale agreement. The rates and terms are similar to those contained in other interconnection, resale and unbundling agreements submitted by Verizon and previously approved by this Commission. However, ServiSense.com has not yet been granted a Certificate of Public Convenience and Necessity to operate lawfully. However, the Company filed on Application for a Certificate on June 30, 2000, Case No. GNR-T-00-19, Staff is still in the process of reviewing its merits. Accordingly, even if this agreement is approved ServiSense.com cannot begin operations until a certificate has been issued to it by the Commission.
2. Verizon and Simply Cellular and Telephone, LLP. (Case No. VZN-T-00-4). In this case, Simply Cellular has requested to adopt the terms of the arbitrated interconnection agreement currently in place between Verizon and Comm South Companies, Inc. The Commission approved that Agreement in Order No. 28236.
3. Verizon and Sprint Communications Company, L.P. (Case No. VZN-T-00-5). Sprint has requested to adopt in its entirety the terms of the arbitrated interconnection agreement currently in place between Verizon and New Edge Network, Inc. The Commission approved that Agreement in Order No. 28373.
4. Qwest Corporation and Telicor, Inc. (Case No. QWE-T-00-16). In this Application, Telicor wishes to adopt the terms of the interconnection agreement that is currently in place between Qwest and Covad Communications Company. That Agreement was approved by the Commission in Order No. 28012.
STAFF ANALYSIS
The Staff has reviewed these Applications and did not find that any terms and conditions are discriminatory or contrary to the public interest. Staff believes that the Agreements are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff concluded that the Agreements merit the Commission’s approval.

DISCUSSION AND FINDINGS
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 of 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.
Based upon our review of the proposed interconnection agreements and the Staff’s recommendation, we find that the respective interconnection agreements shall be approved. We further find that the proposed agreements are neither discriminatory nor contrary to the public interest.
O R D E R
IT IS HEREBY ORDERED that the 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 resale agreement entered into between Verizon Northwest and ServiSense.com, Inc. in Case No. VZN-T-00-3 is approved. However, ServiSense.com may not begin operations in Idaho prior to the Commission granting it a Certificate of Public Convenience and Necessity in Case No. GNR-T-00-19.
IT IS FURTHER ORDERED that the terms and conditions included in the interconnection agreement between Simply Cellular and Telephone, LLP and Verizon Northwest in Case No. VZN-T-00-4 is approved.
IT IS FURTHER ORDERED that the interconnection agreement entered into between Sprint Communications Company, L.P. and Verizon Northwest in Case No. VZN-T-00-5 is approved.
IT IS FURTHER ORDERED that the interconnection agreement terms and conditions entered into between Telicor, Inc. and Qwest Corporation in Case No. QWE-T-00-16 is 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. VZN-T-00-3, VZN-T-00-4, VZN-T-00-5, QWE-T-00-16 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 December 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:vznt003_004_005_qwet0016

The Order approving the agreement was erroneously denoted as Order No. 28376. Subsequently, it was changed to reflect the correct number, Order No. 28373.

ORDER NO. 28577 1

ORDER NO. 28544 1

Office of the Secretary
Service Date
December 7, 2000