gtet991.wcc.doc

CHERI C. COPSEY
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] IDAHO BAR NO. 5142

Street Address for Express Mail:
472 W WASHINGTON
BOISE ID 83702-5983

Attorney for the Commission Staff

BEFORE 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

STAFF COMMENTS

COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its Attorney of record, Cheri C. Copsey, Deputy Attorney General, in response to Order No. 28104 and submits the following comments.
On June 15, 1999, in accordance with the Telecommunications Act of 1996, GTE Northwest, Inc. and Topp Comm, Inc. (TOPP) filed a Joint Application requesting approval of a resale agreement. 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.
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 Commissions decision is not reviewable by the state courts. Id.

STAFF ANALYSIS:
Staff reviewed the terms and conditions of the agreement and does not find any of the terms or conditions to be discriminatory. Therefore, Staff finds the Agreement is consistent with the public interest, convenience and necessity and does not discriminate.

STAFF RECOMMENDATION
Staff recommends this Resale Agreement be approved.
DATED at Boise, Idaho, this 17TH day of August 1999.

_______________________________
Cheri C. Copsey
Deputy Attorney General

Technical Staff: Wayne Hart

WH:va:u:comments/gtet991.wcc

STAFF COMMENTS -1- AUGUST 17, 1999