HomeMy WebLinkAbout19980528Order No 27540.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION OF COMMNET CELLULAR, INC. AND CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO FOR APPROVAL OF AN AGREEMENT FOR INTERCONNECTION PURSUANT TO 47 U.S.C. 252(e).
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ORDER NO. 27540
On March 10, 1998, CommNet Cellular, Inc. (CommNet) and Citizens Telecommunications (Citizens) filed an Application for approval of an interconnection agreement arrived at through voluntary negotiations. The Agreement is a wireless interconnection agreement and is submitted for approval pursuant to 47 U.S.C. 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the Act). The Agreement submitted by the parties provides for the parties to interconnect their facilities and for reciprocal compensation, and will enable CommNet to enter the wireless market in Citizens service area.
On March 31, 1998, the Commission issued a Notice of Joint Petition and Notice of Modified Procedure. Written comments were filed only by the Commission Staff, which recommended approval of the wireless interconnection agreement.
Section 252(e)(2) of the Act directs that a state commission may reject an agreement reached through voluntary negotiations only if the commission finds that
(i) the agreement (or portions 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 parties assert that the Agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
Staff reviewed the Agreement between Citizens and CommNet to determine that it is consistent with the requirements of the Telecommunications Act, and recommends approval. Based on the recommendation of the Staff, we find that the wireless interconnection agreement between Citizens and CommNet should be approved.
O R D E R
IT IS HEREBY ORDERED that the wireless interconnection agreement between CommNet Cellular, Inc. and Citizens Telecommunications Company of Idaho 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 this Case No. CTC-T-98-2 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 this Case No. CTC-T-98-2 . Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 61 626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of May 1998.
DENNIS S. HANSEN, PRESIDENT
RALPH NELSON, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
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ORDER NO. 27540 -1-
Office of the Secretary
Service Date
May 28, 1998