gnrt0021.jhwh.doc

JOHN R. HAMMOND
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5470

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 TDS TELECOMMUNICATIONS CORPORATION AND U.S. CELLULAR CORPORATION FOR APPROVAL OF A WIRELESS INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). )
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CASE NO. GNR-T-00-21

COMMENTS OF THE
COMMISSION STAFF

COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its Attorney of record, John R. Hammond, Deputy Attorney General, in response to Order No. 28457,
the Notice of Joint Application and Notice of Modified Procedure in Case No. GNR-T-00-21 issued on August 1, 2000, submits the following comments.
On July 12, 2000, TDS Telecommunications Corporation and U.S. Cellular Corporation filed a Joint Application requesting approval of a wireless interconnection agreement. 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.
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The companies claimed the Agreement was not discriminatory against any other company, and that it is consistent with the public interest, convenience and necessity. They requested the Commission approve the Agreement without a hearing or intervention by other parties.
Staff reviewed the language of this Agreement and did not find any terms or conditions that Staff would consider discriminatory. This is the first wireless interconnection agreement filed by TDS, so the terms may not be compared to other TDS agreements. Consequently, if the Agreement is approved by the Commission its terms must be made available to any other similarly situated carrier, so Staff does not believe they can be considered discriminatory. 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. Accordingly, it is consistent with the public interest.

STAFF RECOMMENDATION
Staff recommends the Commission approve this Agreement as filed.

DATED at Boise, Idaho, this day of August 2000.

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John R. Hammond
Deputy Attorney General

Technical Staff: Wayne Hart

WH:JH:gdk:i:umisc/comments/gnrt0021.jhwh
STAFF COMMENTS 2 AUGUST 22, 2000