HomeMy WebLinkAbout28130.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION OF GTE NORTHWEST INC. AND TOPP COMM, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. GTE-T-99-1
ORDER NO. 28130
On July 15, 1999, GTE Northwest Incorporated and Topp Comm, Inc. filed a Joint Application for approval of an adoption amendment to a previously approved negotiated wireline interconnection agreement between GTE and Topp Comm. 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 27, 1999, the Commission issued a Notice of Application and Modified Procedure. Order No. 28104. Comments were due August 17, 1999.
Only Staff filed comments recommending approval.
Based on the record, the comments and the law, the Commission approves this interconnection agreement between GTE and Topp Comm.
BACKGROUND
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 Joint Application states that the agreement will allow Topp Comm to connect to GTE facilities to exchange traffic, provide access to unbundled network elements, ancillary network services and retail services available for resale. Based on its review of this agreement and previously approved agreements, Staff found the agreement was consistent with the public interest, convenience and necessity and does not discriminate against other carriers. 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 interconnection agreement between GTE and Topp Comm 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 interconnection agreement between GTE Northwest Incorporated and Topp Comm, 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-99-1 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-99-1. 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 August 1999.
DENNIS S. HANSEN, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
PAUL KJELLANDER, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
O:uswt9911_.cc2
ORDER NO. 28130 -1-
Office of the Secretary
Service Date
September 1, 1999