HomeMy WebLinkAbout20000911Decision Memo.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: SEPTEMBER 11, 2000.
RE: IN THE MATTER OF THE JOINT APPLICATION OF CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO AND COMMSOUTH COMPANIES, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). CASE NO. CTC-T-00-1
On July 17, 2000, Citizens Telecommunications Company of Idaho (“Citizens”) and CommSouth Companies, Inc. filed a Joint Application for approval of a negotiated interconnection agreement. 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 August 9, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure.
BACKGROUND
Under the terms of the 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 negotiation only if it finds that it discriminates against a telecommunication carrier not a party to it 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, it is deemed approved. 47 U.S.C. § 252 (e)(4). The Commission’s decision is not reviewable by the state courts. Id.
In the Commission’s Notice of Modified Procedure, persons interested in submitting comments were requested to do so no later than August 30, 2000. Staff recommended that the Joint Application for approval of an interconnection agreement be approved.
Staff Recommendation:
Staff noted that this Agreement is the first resale agreement submitted by Citizens. If approved by the Commission the Agreement’s terms must be available to all competitors seeking to resell Citizen’s service. With this in mind Staff did not find any terms or conditions in the Agreement that were discriminatory. Furthermore, Staff stated that this Agreement would increase the likelihood that competitors will decide to provide competition in Citizen’s service area. Finally, Staff concurs 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. Staff concluded that the Agreement is consistent with the public interest and recommended that it be approved.
Commission Decision:
Should the Joint Application of Citizens and CommSouth Companies, Inc. for approval of an interconnection agreement be approved?
JOHN R. HAMMOND
Staff: Wayne Hart
DECISION MEMORANDUM 1