28742.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST, INC. AND CRICKET COMMUNICATIONS, INC. FOR APPROVAL OF A WIRELESS INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. VZN-T-01-5

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND SPRINT
COMMUNICATIONS COMPANY, L.P. FOR
APPROVAL OF THE SINGLE POINT OF PRESENCE IN THE LATA AMENDMENT TO THE EXISTING INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-97-16
SPR-T-97-3

IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND ESCHELON TELECOM, INC. FOR APPROVAL OF THE AMENDMENT FOR COLLOCATION, UDIT AND DS1/DS3 CAPABLE LOOPS TO THE EXISTING WIRELINE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §  252(e). )
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CASE NO. QWE-T-00-13

IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND MULTIBAND COMMUNICATIONS LLC FOR APPROVAL OF THE UNBUNDLED DARK FIBER AMENDMENT TO THE EXISTING WIRELINE INTER-CONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-99-30

ORDER NO. 28742

In these cases, the Commission is asked to approve a wireless interconnection agreement and amendments to three existing interconnection agreements that were previously approved by the Commission.
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 a 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 one wireless interconnection agreement and three amendments to existing interconnection agreements. These agreements are discussed in greater detail below.
1. Verizon Northwest, Inc. and Cricket Communications, Inc. (Case No. VZN-T-01-5). In this case, the parties have requested that the Commission approve a wireless interconnection agreement. The parties have adopted the same agreement reached between Verizon Northwest fka GTE Northwest Incorporated and Western Wireless Corporation. See GTE-98-5, Order No. 27876.
2. Qwest Corporation and Sprint Communications Company, Inc. (Case Nos. USW-T-97-16 and SPR-T-97-3). In this Application, the parties request that the Commission approve an amendment that adds terms and conditions for a Single Point of Presence (SPOP) in the LATA.
3. Qwest Corporation and Eschelon Telecom, Inc. (Case No. QWE-T-00-13). In this Application, the parties request that the Commission approve amendments to the following sections in its existing wireline agreement: collocation, UDIT, and DS1/DS3 capable loops.
4. Qwest Corporation and Multiband Communications, LLC (Case No. USW-T-99-30). In this Application, the parties request that the Commission approve an amendment to the existing wireline agreement modifying the rates, terms and conditions regarding unbundled dark fiber.

STAFF ANALYSIS
The Staff has reviewed these Applications and did not find that any of the terms and conditions to be discriminatory or contrary to the public interest. Staff believes that they are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff recommended 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 Application, the Staff’s recommendation and on the fact no other person commented on these Applications, the Commission finds that the above new interconnection agreement and 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 Agreements and Amendments to Agreement does not negate the companies interconnecting with Qwest and Verizon from the responsibility to obtain a Certificate of Public Convenience and Necessity if they are offering local exchange services or from 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 new interconnection agreement and 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 wireless interconnection agreement between Verizon Northwest, Inc. and Cricket Communications, Inc., in Case No. VZN-T-01-5, is approved.
IT IS FURTHER ORDERED that the Single Point of Presence in the LATA amendment to the previously approved interconnection agreement between Qwest Corporation and Sprint Communications Company, L.P., in Case Nos. USW-T-97-16 and SPR-T-97-3, is approved.
IT IS FURTHER ORDERED that the Amendment to an existing wireline interconnection agreement between Qwest Corporation and Eschelon Telecom, Inc., in Case No. QWE-T-00-13, that adds terms and conditions pertaining to collocation, UDIT, and DS1/DS3 capable loops, is approved.
IT IS FURTHER ORDERED that the Amendment to the existing interconnection agreement between Qwest Corporation and Multiband Communications LLC, in Case No. USW-T-99-30, that modifies the rates, terms and conditions pertaining to unbundled dark fiber 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-01-5, USW-T-97-16, SPR-T-97-3, QWE-T-00-13 and USW-T-99-30 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 June 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:vznt015_uswt9716_sprt973_qwet0013_uswt9930_jh

ORDER NO. 28742 1

Office of the Secretary
Service Date
June 1, 2001