19980610Comments.doc

WELDON B. STUTZMAN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]

Street Address for Express Mail:
472 W WASHINGTON
BOISE ID 83702-5983

Attorney for the Commission Staff

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION )
OF AT&T WIRELESS SERVICES, INC. AND PTI ) CASE  NO.  GEM-T-98-1
COMMUNICATIONS FOR APPROVAL OF AN )
AGREEMENT FOR INTERCONNECTION )
PURSUANT TO 47 U.S.C.  252(e). ) COMMENTS OF THE
) COMMISSION STAFF __________________________________________________ )

COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its Attorney of record, Weldon B. Stutzman, Deputy Attorney General, and in response to the Notice of Joint Petition for Approval of Interconnection Agreement and Notice of Modified Procedure issued in Order No. 27525 on May 20, 1998, submits the following comments.
On May 6, 1998, PTI Communications (PTI) and AT&T Wireless Services, Inc., a provider of cellular and other 2-way mobile radio services submitted a Joint Application for approval of an interconnection agreement in accordance with Section 252(e) of the Federal Telecommunications Act. The Companies state that the agreement was reached through voluntary negotiations, and that PTI has made these same terms and conditions available to other carriers.
Section 252 provides that interconnection agreements are to be submitted to state commissions for approval. Agreements adopted through negotiation may only be rejected if a state commission 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;

Staff reviewed the language of this agreement and did not find any terms or conditions that, if made available to other carriers, Staff would consider discriminatory. As this is the first agreement between a wireless telecommunications provider and PTI that has been submitted to this Commission, Staff cannot compare it against another to determine whether it contains any preferential terms. PTI asserts that these terms have been made available to other carriers.
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, and therefore is consistent with the public interest.

STAFF RECOMMENDATION
Staff recommends the Commission approve the interconnection agreement as filed.

DATED at Boise, Idaho, this day of June 1998.

____________________________________
Weldon B. Stutzman
Deputy Attorney General
Technical Staff: Wayne Hart

i:wpfiles/umisc/comments/gemt981.wsw

STAFF COMMENTS 1 JUNE 10, 1998