20000721Decision Memo.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
TONYA CLARK
LOU ANN WESTERFIELD
LYNN ANDERSON
DON HOWELL
RANDY LOBB
JOE CUSICK
WAYNE HART
WORKING FILE

FROM: CHERI C. COPSEY

DATE: JULY 21, 2000

RE: IN THE MATTER OF THE JOINT APPLICATION OF FREMONT TELCOM AND UNITED STATES CELLULAR CORPORATION FORAPPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e); CASE NO. FRE-T-00-1.

On June 15, 2000, Fremont Telcom and United States Cellular Corporation, (“United States Cellular”), a Commercial Mobile Radio Services (paging) company, filed a Joint Application for approval of a negotiated agreement for interconnection of their respective networks in accordance with Section 252(e) of the Federal Telecommunications Act. 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 June 30, 2000, the Commission issued a Notice of Application and Modified Procedure. Order No. 28419. Comments were due July 21, 2000. Only Staff filed comments and it recommended approval.
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 recommended that the Joint Application for approval of an interconnection agreement be approved.

Commission Decision:
Should the Joint Application of Fremont Telcom and United States Cellular Corporation for approval of an interconnection agreement be approved?

Cheri C. Copsey

Staff: Wayne Hart

M:fret001_cc

DECISION MEMORANDUM 1