19970922Order No 27146 - Notice of Petition.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT BETWEEN SPRINT COMMUNICATIONS COMPANY AND U S WEST COMMUNICATIONS, INC.
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CASE NO. USWT9716
SPR-T-97-3

NOTICE OF PETITION FOR APPROVAL OF INTERCONNECTION AGREEMENT

NOTICE OF MODIFIED PROCEDURE

ORDER NO. 27146

YOU ARE HEREBY NOTIFIED that on August 28, 1997, the Commission received an Application from Sprint Communications Company L.P. for approval of a negotiated interconnection agreement between Sprint and U S WEST Communications, Inc. Although the parties initially sought arbitration of an interconnection agreement with the Commission, the Petition for Arbitration was withdrawn by Sprint and the parties were able to negotiate an agreement, which is now filed for approval by Sprint pursuant to 47 U.S.C.  252(e)(2)(A).
YOU ARE FURTHER NOTIFIED that the Application states that the agreement will allow Sprint to begin providing local exchange telecommunication services in competition with U S WEST and other providers. The interconnection agreement provides terms for numerous interconnection issues including collocation, entrance facilities or meet point arrangements, the exchange of traffic between U S WEST and Sprint, compensation for transport and termination of traffic, the purchase of U S WEST retail services for resale, the acquisition of unbundled network elements from U S WEST and other issues.
YOU ARE FURTHER NOTIFIED that Section 252(e)(2) of the Act directs that a state Commission may reject an agreement reached through voluntary negotiations only if the Commission finds that

(i) the agreement (or portions thereof) discriminates against a telecommunications carrier not a party to the agreement; or

(ii) the implementation of such agreement or portion is not consistent with the public interest, convenience and necessity.

The Application asserts that the Agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case Nos. USW-T-97-16 and SPR-T-97-3. The Commission has determined that the public interest may not require a hearing to consider the issues presented and that the issues raised by the Application may be processed under Modified Procedure, i.e., by written submission rather than by hearing. See Commission Rules of Procedure, IDAPA 31.01.01.201-.204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. See IDAPA 31.01.01.203.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission within twenty-one (21) days from the date of this Notice. The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. See IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case Nos. USWT97-16 and SPR-T-97-3 should be mailed to the Commission and the Companies at the addresses reflected below:

COMMISSION SECRETARY RICHARD GOLDBERG
IDAHO PUBLIC UTILITIES COMMISSION REGULATORY ATTORNEY
PO BOX 83720 1850 GATEWAY BLVD, 7th FL
BOISE, IDAHO 83720-0074 SAN MATEO, CA 94404-2467

Counsel for Sprint
Street Address for Express Mail:

472 W WASHINGTON ST LISA ANDERL
BOISE, IDAHO 83702-5983 U S WEST COMMUNICATIONS
1600 7th AVE, RM 3208
SEATTLE, WA 98191

Counsel for U S WEST

All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Application and Agreement together with supporting workpapers, and exhibits have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 and Title 62 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Title 61 or Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq.

O R D E R
IT IS HEREBY ORDERED, upon review of the filings in this case and the determination of the Commission, that the Application of Sprint Communications for approval of an interconnection agreement with U S WEST be processed by Modified Procedure, Commission Rules of Procedure 201-204; IDAPA 31.01.01.201-04.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of September 1997.

DENNIS S. HANSEN, PRESIDENT

RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

VLD\O:uswt9716.ws

NOTICE OF PETITION FOR APPROVAL
OF INTERCONNECTION AGREEMENT
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 27146 -1-

Office of the Secretary
Service Date
September 22, 1997