HomeMy WebLinkAbout2000816_jh.docDECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
LOU ANN WESTERFIELD
TONYA CLARK
LYNN ANDERSON
DON HOWELL
RANDY LOBB
DAVE SCHUNKE
JOE CUSICK
WAYNE HART
WORKING FILE
FROM: JOHN R. HAMMOND
DATE: AUGUST 16, 2000
RE: IN THE MATTER OF THE JOINT APPLICATION OF CENTURYTEL OF IDAHO, INC., CENTURYTEL OF THE GEM STATE, INC. AND U.S. CELLULAR CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e); CASE NO. CEN-T-00-2
On July 10, 2000, CenturyTel of Idaho, Inc., CenturyTel of the Gem State, Inc. and U.S. Cellular Corporation filed a Joint Application for approval of a negotiated agreement for interconnection of their respective networks and a reciprocal compensation agreement in accordance with the federal Telecommunications Act of 1996. The Joint Application states that the agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the Telecommunications Act of 1996.
On July 24, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure. Order No. 28456. The Commission Staff filed its Comments on August 14, 2000. The Staff was the only party to file comments.
BACKGROUND
Under the terms of the Telecommunications Act of 1996, interconnection agreements and amendments to those agreements 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.
STAFF RECOMMENDATION
The Staff reviewed the language of this Agreement and did not find any terms or conditions that were considered discriminatory. Staff Comments at 2. The Staff also noted that the terms and conditions in this Agreement are very similar to those contained in the CenturyTel wireless agreement previously approved by this Commission. Id. Finally, the Staff concurred with the companies’ claim that the Agreement is consistent with the pro-competitive policies of the Commission, the Idaho Legislature, and the Telecommunications Act of 1996, making it consistent with the public interest. Id. at 2.
Based on the foregoing Staff in its Comments recommended that the Joint Application for approval of interconnection and reciprocal compensation agreements be approved.
Commission Decision:
Should the Joint Application of CenturyTel of Idaho, Inc., CenturyTel of the Gem State, Inc. and U.S. Cellular Corporation for approval of interconnection and reciprocal compensation agreements be approved?
John R. Hammond
Staff: Wayne Hart
M:cent002_jh
DECISION MEMORANDUM 1