19990719.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
TONYA CLARK
LYNN ANDERSON
DON HOWELL
STEPHANIE MILLER
JOE CUSICK
WAYNE HART
WORKING FILE

FROM: CHERI C. COPSEY

DATE: JULY 19, 1999

RE: REQUEST FOR APPROVAL OF INTERCONNECTION AGREEMENT BETWEEN GTE NORTHWEST INC. AND TOPP COMM, INC.; CASE NO. GTE-T-99-1.

On July 15, 1999, GTE Northwest Incorporated and Topp Comm, Inc. filed a Joint Application for approval of a 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.
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.
Staff recommends that the Joint Application for approval of an interconnection agreement be processed by Modified Procedure.

Commission Decision:
Should the Joint Application of GTE and Topp Comm for approval of an interconnection agreement be processed by Modified Procedure?

Cheri C. Copsey

Staff: Wayne Hart

M:gtet991_cc.doc

DECISION MEMORANDUM 1