HomeMy WebLinkAbout19980121Decision Memo.doc DECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER NELSON
COMMISSIONER SMITH
MYRNA WALTERS
TONYA CLARK
DON HOWELL
STEPHANIE MILLER
DAVE SCHUNKE
JOE CUSICK
DAVID SCOTT
WAYNE HART
WORKING FILE
FROM: CHERI C. COPSEY
DATE: JANUARY 21, 1997
RE: REQUEST FOR APPROVAL OF INTERCONNECTION AGREEMENT BETWEEN U S WEST NEWVECTOR GROUP, INC. AND GTE NORTHWEST, INC. IN CASE NO. GTE-T-97-13
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.
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.
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, there are slight differences between the rates adopted in GTEs agreement with its subsidiary, GTE Macro Communications Corporation (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 appear to reflect each companys size and capacity and to not discriminate.
Therefore, Staff finds the Agreement is consistent with the public interest, convenience and necessity and does not discriminate.
Staff recommends this Interconnection Agreement be approved.
Commission Decision:
Should Newvectors Application for approval of its Interconnection Agreement with GTE be approved?
Cheri C. Copsey
M:gte-t-97-13.cc
DECISION MEMORANDUM 1