HomeMy WebLinkAbout2000825_jh.docDECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
LOU ANN WESTERFIELD
TONYA CLARK
LYNN ANDERSON
DON HOWELL
RANDY LOBB
DAVE SCHUNKE
JOE CUSICK
WAYNE HART
WORKING FILE
FROM: JOHN R. HAMMOND
DATE: AUGUST 25, 2000
RE: IN THE MATTER OF THE JOINT APPLICATION OF TDS TELECOMMUNICATIONS CORPORATION AND U.S. CELLULAR CORPORATION FOR APPROVAL OF A WIRELESS INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). CASE NO. GNR-T-00-21.
On July 12, 2000, TDS Telecommunications Corporation and U.S. Cellular Corporation filed a Joint Application for approval of a negotiated agreement for wireless interconnection of their networks in accordance with the federal Telecommunications Act of 1996. 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. The parties also make clear that TDS is not waiving its rural exemption under 47 U.S.C. § 251(f) and that no part of their Agreement implicates 47 U.S.C. § 251(c).
On August 1, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure. Order No. 28457. The Commission Staff filed its comments on August 22, 2000. The Staff was the only party to file comments.
BACKGROUND
Under the terms of the Telecommunications Act of 1996, interconnection 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 RECOMMENDATION
The Staff reviewed the language of this Agreement and did not find any terms or conditions that are discriminatory. Staff Comments at 2. The Staff also noted that this is the first wireless interconnection agreement filed by TDS, so its terms and conditions if approved must be made available to any other similarly situated carrier. Id. Finally, the Staff concurred 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. Accordingly, Staff believes it is consistent with the public interest. Id. at 2.
Based on the foregoing, Staff in its comments recommended that the Joint Application for a wireless interconnection agreement between these companies be approved.
Commission Decision:
Should the Joint Application of TDS Telecommunications Corporation and U.S. Cellular Corporation for a wireless interconnection agreement be approved?
John R. Hammond
Staff: Wayne Hart
M:gnrt0021_jh.doc
DECISION MEMORANDUM 2