19980826Order No 27698.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF AT&T WIRELESS SERVICES, INC. AND PTI COMMUNICATIONS FOR APPROVAL OF AN AGREEMENT FOR INTERCONNECTION PURSUANT TO 47 U.S.C.  252(e).
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ORDER NO. 27698

On May 6, 1998, AT&T Wireless Services, Inc. and PTI Communications 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 AT&T Wireless to enter the wireless market in PTIs service area.
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.
On May 20, 1998, the Commission issued a Notice of Joint Petition and Notice of Modified Procedure to process the application. See IDAPA 31.01.01.201-04. Written comments were filed only by the Commission Staff during the comment period.

Staff reviewed the final agreement between the parties to determine that it is consistent with the requirements of the Telecommunications Act and recommends approval of the agreement. Based on the recommendation of the Staff, we find that the final agreement between AT&T Wireless and PTI Communications should be approved.

O R D E R
IT IS HEREBY ORDERED that the Wireless Interconnection Agreement between AT&T Wireless Services, Inc. and PTI Communications is approved. Terms of the agreement that are not already in effect shall be effective as of the date of this Order.
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 these Case No. GEM-T-98-1 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 these Case No. GEM-T-98-1. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code  61626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of August 1998.

DENNIS S. HANSEN, PRESIDENT

RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:gemt981.ws

ORDER NO. 27698 -1-

Office of the Secretary
Service Date
August 26, 1998