HomeMy WebLinkAbout2000815_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 JR.
DATE: AUGUST 15, 2000
RE: IN THE MATTER OF THE JOINT APPLICATION OF GTE NORTHWEST INCORPORATED AND BELL ATLANTIC NETWORK DATA, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e); CASE NO. GTE-T-00-10.
On June 29, 2000, GTE Northwest Incorporated (“GTE”) and Bell Atlantic Network Data, Inc. (“Bell Atlantic”), filed a Joint Application for approval of a negotiated agreement for interconnection of their respective networks in accordance with Section 252(e) of 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.
On July 12, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure. Order No. 28435. Comments were due on August 2, 2000. Only Staff filed comments.
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.
STAFF RECOMMENDATION
The Staff reviewed the language of this Agreement and did not find any terms or conditions that were considered discriminatory. Staff Comments at 1. The Staff also noted that Bell Atlantic simply adopted the exact same terms and conditions in the interconnection agreement between GTE and NEXTLINK Idaho, Inc., approved by this Commission in Case No. GTE-T-99-8, Order No. 28269. The Staff therefore, 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, and therefore is consistent with the public interest. Id. at 2.
Based on the foregoing Staff in its Comments recommended that the Joint Application for approval of an interconnection agreement be approved.
Commission Decision:
Should the Joint Application of GTE and Bell Atlantic for approval of an interconnection agreement be approved?
John R. Hammond
Staff: Wayne Hart
DECISION MEMORANDUM 2