19961127Decision Memo.doc

DECISION MEMORANDUM

TO: COMMISSIONER NELSON
COMMISSIONER SMITH
COMMISSIONER HANSEN
MYRNA WALTERS
TONYA CLARK
DON HOWELL
WELDON STUTZMAN
STEPHANIE MILLER
JOE CUSICK
DAVE SCHUNKE
GARY RICHARDSON
WORKING FILE

FROM: SUSAN HAMLIN

DATE: NOVEMBER 27, 1996

RE: USW-T-96-14/CTC-T-96-2
JOINT APPLICATION OF CITIZENS TELECOMMUNICATIONS COMPANY AND U S WEST COMMUNICATIONS INC. FOR APPROVAL OF AN AGREEMENT FOR RESALE PURSUANT TO 47 U.S.C. '252(e).

On November 18, 1996, Citizens Telecommunications Company (CTC) and U S WEST Communications, Inc. (U S WEST) filed a joint Application for approval of an agreement for resale services. The agreement provides for CTC to resell U S WEST local exchange service in Idaho and other states. The Application indicated that this agreement was reached through voluntary negotiations and is submitted to the Commission for approval pursuant to 252(e) of the Telecommunications Act.
Section 252(e) of the Act sets the guidelines for approval of interconnection agreements. It states:
(e) APPROVAL BY STATE COMMISSION.

(1) APPROVAL REQUIRED.Any interconnection agreement adopted by negotiation or arbitration shall be submitted for approval to the State commission. A State Commission to which an agreement is submitted shall approve or reject the agreement, with written findings as to any deficiencies.

(2) GROUNDS FOR REJECTION.The State commission may only reject

(A) an agreement (or any portion thereof) adopted by negotiation under subsection (a) if it finds that

(I) the agreement (or portion thereof) discriminates against a telecommunications carrier not a party to the agreement; or

(ii) the implementation of such agreement or portion is not consistent with the public interest, convenience, and necessity;

The joint applicants ask for approval of this agreement and claim that because this agreement was reached through voluntary negotiations a hearing is not necessary.
Staffs Recommendation:
Staff recommends that this matter be set for Modified Procedure to determine if the standards of  252(e) have been met.
Commissions Decision:
Does the Commission wish to set this matter for Modified Procedure?

Susan Hamlin

cm\M:uswt9614.sh

DECISION MEMORANDUM 1