20000222_dh.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
TONYA CLARK
LYNN ANDERSON
STEPHANIE MILLER
JOE CUSICK
WAYNE HART
WORKING FILE

FROM: DON HOWELL

DATE: FEBRUARY 22, 2000

RE: GTE AND COMM SOUTH APPLICATION FOR APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED RESALE AGREEMENT, CASE NO. GTE-T-00-3

On December 6, 1999, GTE Northwest Incorporated and Comm South Companies, Inc. filed a Joint Application requesting that the Commission approve an amendment to a previously approved resale interconnection agreement between the Companies. The Joint Application stated that the Commission approved the underlying interconnection agreement in Order No. 28236 issued December 1998. On January 27, 2000, the Commission issued a Notice of Application and Notice of Modified Procedure. The Commission requested that persons interested in commenting on the Companies’ amendment file such comments with the Commission no later than February 17, 2000.
BACKGROUND
In their Application, the parties declared that the agreement contained typographical errors and the parties wish to amend the language in Article III, Section 2.2 as follows:
2.2 Post-Termination Arrangements

Except in the case of termination as a result of either Party’s Default under Section 2.3 below, or a termination upon sale, pursuant to Section 2.4, for service arrangements made available under this Agreement and existing at the time of termination, those arrangements may continue:

Application at 1.

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.
THE COMMENTS
On February 10, 2000, the Commission Staff submitted comments in this matter. Staff reviewed the language of the proposed amendment and noted that the amendment merely corrects the typographical errors contained in one paragraph of the underlying agreement. Staff also concurred with GTE and Comm South’s claim that the amendment to the resale agreement approved by the Commission in Order No. 28236 is consistent with the public interest, convenience and necessity. Staff recommended approval of the amendment. No other comments were received.
Commission Decision:
Should the Joint Application of GTE and Comm South for approval of an amendment to the previously approved resale agreement be approved?

Donald L. Howell, II

Staff: Wayne Hart

bls/M:gtet003

DECISION MEMORANDUM 2