HomeMy WebLinkAbout2000427_jc.doc DECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
TONYA CLARK
DON HOWELL
LYNN ANDERSON
STEPHANIE MILLER
JOE CUSICK
WAYNE HART
WORKING FILE
FROM: JEFF CAPELL
DATE: APRIL 27, 2000
RE: THE JOINT APPLICATION OF GTE NORTHWEST INCORPORATED AND NEW EDGE NETWORK, INC. DBA NEW EDGE NETWORKS FOR APPROVAL OF A NEGOTIATED INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e), CASE NO. GTE-T-00-6.
On March 22, 2000, GTE Northwest Incorporated (GTE) and New Edge Network, Inc. dba New Edge Networks (New Edge) filed a Joint Application for approval of a negotiated resale interconnection agreement entered into between the two Companies. The Joint Application states that the agreement was reached through voluntary negotiation without resort to mediation or arbitration, and is submitted for approval pursuant to Section 252(e) of the Telecommunications Act of 1996. On March 31, 2000, the Commission issued a Notice of Application and Notice of Modified Procedure.
BACKGROUND
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.
In the Commission’s Notice of Modified Procedure, persons interested in submitting comments were requested to do so no later than April 21, 2000. The only comments received were those filed by the Commission Staff. In its comments, Staff found that the agreement is consistent with the public convenience and necessity, the terms being largely similar to the GTE-Nextlink agreement approved by the Commission in Order No. 28269. Staff recommended that the Joint Application for the interconnection agreement be approved.
Commission Decision:
Should the Joint Application of GTE Northwest Incorporated and New Edge Network, Inc. dba New Edge Networks for approval of an interconnection agreement be approved?
Jeff H. Capell
Staff: Wayne Hart
M:gtet006_jc
DECISION MEMORANDUM 1
DECISION MEMORANDUM 2