USWT006.ccw.doc

CHERI 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 U S WEST COMMUNICATIONS, INC. AND PROGRESSIVE PAGING LLC FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e). )
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CASE NO. USW-T-00-6

COMMENTS OF THE
COMMISSION STAFF

COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its Attorney of record, Cheri Copsey, Deputy Attorney General, and in response to the Notice of Application and Notice of Modified Procedure issued in Order No.28395 on June 5, 2000, and submits the following comments.
On March 28, 2000, U S WEST Communications, Inc. and Progressive Paging, LLC filed a Joint Application requesting approval of an interconnection agreement regarding Type 1 and
Type 2 Paging pursuant to Section 252(e) of the Telecommunications Act of 1996. The Joint Application states that the Agreement was reached through voluntary negotiations without resort to mediation or arbitration and claimed the Agreement was not discriminatory against any other company, and that it is consistent with the public interest, convenience and necessity. They requested the Commission approve the Agreement without a hearing or intervention by other parties.

Staff reviewed the language of this Agreement and did not find any terms or conditions that Staff would consider discriminatory. Most of the rates and terms are very similar to those contained in other paging agreements submitted by U S WEST and previously approved by this Commission.
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.
This Agreement includes reciprocal compensation terms that Staff did not find in previously submitted paging agreements. However, as these terms would now be available to other paging companies, Staff does not find such terms to be discriminatory. Staff concurs with the Companies’ claim that the Agreement is consistent with the pro-competitive policies of the Commission, the Idaho Legislature, and the Telecommunications Act of 1996, and therefore is consistent with the public interest.

STAFF RECOMMENDATION
Staff recommends the Commission approve the Agreement as filed.

DATED at Boise, Idaho, this 26th day of June, 2000.

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Cheri Copsey
Deputy Attorney General
Technical Staff: Wayne Hart

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STAFF COMMENTS 1 JUNE 26, 2000