20000310_dh.doc

DECISION MEMORANDUM

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

FROM: DON HOWELL

DATE: MARCH 10, 2000

RE: U S WEST COMMUNICATIONS AND FIBERQUEST JOINT APPLICATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT, CASE NO. USW-T-00-1

On January 21, 2000, U S WEST Communications, Inc. and FiberQuest filed a Joint Application for approval of a negotiated resale interconnection agreement between the two Companies. 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 February 17, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure.
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.
In the Commission’s Notice of Modified Procedure, persons interested in submitting comments were requested to do so no later than March 9, 2000. The only comments received were filed by the Commission Staff. In its comments, Staff found that the agreement is consistent with the public convenience and necessity. Staff recommended that the Joint Application for the interconnection agreement be approved.

Commission Decision:
Should the Joint Application of U S WEST Communications and Multiband Communications for approval of an interconnection agreement be approved?

Donald L. Howell, II

Staff: Wayne Hart

bls/M:uswt9930

DECISION MEMORANDUM 1

DECISION MEMORANDUM 2