HomeMy WebLinkAbout19980203Order No 27334.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF U S WEST NEWVECTOR GROUP, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. ' 252(e).
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ORDER NO. 27334
On November 3, 1997, in accordance with the Telecommunications Act of 1996, U S WEST Newvector Group, Inc. applied for Commission approval of a negotiated Interconnection Agreement with GTE Northwest Inc. 47 U.S.C. 252 (e)(1). The Agreement is a wireless interconnection agreement and Newvector is a commercial mobile radio service provider. The Agreement provides for the parties to interconnect their facilities and for reciprocal compensation and will enable Newvector to enter the wireless market in GTEs service area. On December 29, 1997, the Commission issued a Notice of Joint Petition and a Notice of Modified Procedure. Only the Commission Staff filed comments during the comment period.
In its comments, Staff noted the rates provided to Newvector in this wireless interconnection agreement are slightly more than those rates agreed to by GTE with its subsidiary, GTE Macro Communications Corporation (Mobilnet). According to Staffs comments, however, when this was brought to Newvectors attention, it indicated it considered the differences to be minor and not discriminatory. Staff found that the differences were slight and were consistent with the size and capacity differences between the two companies. It, therefore, recommended approval of the agreement.
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 Commissions decision is not reviewable by the state courts. Id.
The Commission finds that the final interconnection agreement between GTE and Newvector should be approved.
STAFF COMMENTS
Staff found that the language and terms of this Agreement are generally similar to and consistent with agreements between GTE and other commercial mobile radio service provider providers. However, it further noted that there are slight differences between the rates adopted in GTEs agreement with its subsidiary, Mobilnet, and those rates proposed in Newvectors Agreement. Mobilnets Interconnection Agreement was previously approved by the Commission on December 17, 1997, subject to the condition that GTE make the same rates available to other telecommunication carriers that have interconnection agreements with GTE. Order No. 27265.
In order to determine whether these rates had been made available to Newvector or whether the Agreement discriminates, Staff provided Newvectors attorney with a copy of the Mobilnet Agreement Appendix which reflected rates different from those in Newvectors Agreement. After reviewing the Mobilnet Agreement with his client, Newvectors attorney told Staff his client considered the differences to be minor and not discriminatory. Staff found that minor differences between the Mobilnet Agreement and Newvectors Agreement appeared to reflect each companys size and capacity and to not discriminate.
Therefore, Staff found the Agreement was consistent with the public interest, convenience and necessity and does not discriminate. Staff recommended this Interconnection Agreement be approved.
COMMISSION FINDINGS
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 Commissions review is limited, however. 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. Id. Based on the information filed with the Commission, the Staffs recommendation, and on the fact no other party commented, the Commission finds that the wireless interconnection agreement between GTE and Newvector is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds this interconnection agreement should be approved.
O R D E R
IT IS HEREBY ORDERED that the wireless interconnection agreement between GTE Northwest Incorporated and U S WEST Newvector Group, Inc. is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. GTE-T-97-13 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in this Case No. GTE-T-97-10 . Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 61 626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of February 1998.
DENNIS S. HANSEN, PRESIDENT
RALPH NELSON, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
O:GTE-T-97-13.cc
ORDER NO.27334 -1-
Office of the Secretary
Service Date
February 3, 1998