20000803.min.doc

MINUTES OF DECISION MEETING
August 3, 2000 - 1:30 p.m.

In attendance were Commissioners Dennis Hansen, Marsha H. Smith and Paul Kjellander. Commission President Dennis Hansen called the meeting to order.

There are two items 1 and 1b, and then in matters if progress we'll have item no. 2 and item no. 1a. Rulemaking 3 and 4.

Commissioner Hansen started with the consent agenda and asked the Commission if there is any discussion or questions on items 1 or 1b. None. Moved to approve the consent agenda with the recommendation of the staff. Vote taken, motion carried.

Matters in Progress

1 a. Weldon Stutzman's August 2, 2000 Decision Memorandum re: Case No. USW-T-00-15. U S WEST's Statement of Generally Available Terms (SGAT)

Weldon reviewed. Staff recommends that the statement be permitted to take effect without Commission action. This was also the specific recommendation in the comments of AT&T. The only comments to directly oppose this recommendation was a joint filing by four parties including McLeod USA and New Edge Network. The joint comments opposed letting the SGAT take effect on the fear that Qwest would then attempt to rely on it to show its compliance with section 271 requirements and because the fear that the SGAT in effect might hinder interconnection negotiations between Qwest and CLEC's. These concerns were addressed in reply comments and recognizes that the SGAT will be modified as the parties work through the section 271 proceeding, and is subject to later review and approval or disapproval by the Commission. Qwest also reaffirmed its commitment to negotiate with CLEC's seeking interconnection. Should the Statement of Generally Available Terms be allowed to take effect without Commission approval? Or would the Commission desire some other course of action regarding the SGAT?

Commissioner Kjellander was wondering why we would put that up for a vote if we let it go without Commission approval. Didn't see why a decision was necessary.

Commissioner Hansen commented that would be the question he would ask. If we do nothing, does it go into effect, and if we actually did do something we would be approving it or disapproving it.

Weldon said if we did nothing it would go into effect. It might not be a bad idea to address some of the concerns raised by the comments about what it means to go into effect, to issue an order stating that is what the Commission is doing.

Commissioner Smith replied that it seems that the appropriate motion is to take no action. But perhaps a letter from the staff attorney could explain the staff's view. The fact that this is allowed to take effect certainly doesn't mean that any issues have been predetermined that will be taken up in the 271 proceeding.

Commissioner Kjellander said that the minutes from this specific meeting could be included with that letter to indicate that we looked at it before we decided to take no action.

Commissioner Hansen said with that, the Commission would take no action on item 1 a.

2. Weldon Stutzmans' July 31, 2000 Decision Memorandum re: Case No. GTE-T-00-7. GTE's Application for Approval of a Collocation Tariff.

Weldon reviewed. Should the GTE Collocation Tariff be approved or rejected, or whether there was another course of action the Commission would like to proceed.

Commissioner Hansen asked if there were any questions or discussion from the Commission?

Commissioner Hansen commented that he was not sure the purpose of this or why it's needed. In summary, he was not convinced it was needed.

Commissioner Smith replied that she didn't see the harm in having it be part of the tariff since it's optional. If you don't think it is a good idea, you don't have to choose that way.

Commissioner Hansen asked if there were any other questions or comments or discussion on the matter? None. We don't have a motion. Said he certainly can see Commissioner Smith's feelings on it, believed that we did have some opposition to this by AT&T as well as the staff' sees some concerns with it. Why do it when it really doesn't have a purpose. I will accept a motion from Commissioner Smith.

Commissioner Smith noted that GTE asked in its comments that we should at a minimum schedule an evidentiary hearing if we have concerns. We should not deny them the opportunity by rejecting it if they feel that there is a chance to convince us that they need to do this. I would move that we set the matter for hearing.

Commissioner Hansen said we have a motion before us, is there discussion on the motion?

Commissioner Kjellander said that perhaps we should move in that direction.

Commissioner Hansen put the motion to vote. Motion carried unanimously.

Weldon said it would be necessary to extend the period of suspension. Is there a particular period or to go to the statutory limit at this point to allow for the process?

Statutory limit was chosen.

Rulemaking

There are two items that pertain to rulemaking. Commissioner Hansen said rather than go over each one, he asked the Commission if they would like to discuss or had any questions for Ms. Barker. The rules are mainly looking at to initiate them into the rulemaking proceedings. We are not approving these today, just putting them out for comment.

Commissioner Hansen asked if the Commission had any questions or comments? He moved that the Commission initiate rulemaking proceedings as proposed by the staff. Any discussion on the motion? None. Vote taken, motion carried.

Decision Meeting was then adjourned.

Dated at Boise, Idaho, this 3rd day of August 2000.

Barbara Barrows, Assistant Commission Secretary

3

3