20000601Decision Memo.doc

DECISION MEMORANDUM

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

FROM: CHERI C. COPSEY

DATE: JUNE 1, 2000

RE: IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND FIRSTEL FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
CASE NO. USW-T-00-10.

On April 20, 2000, U S WEST Communications, Inc. (U S WEST) filed an Application for approval of an adopted wireline interconnection and resale agreement between U S WEST Communications, Inc. and FirsTel, Inc. FirsTel adopted an interconnection agreement previously negotiated between U S WEST and AT&T Communications of the Mountain States, Inc. pursuant to 47 U.S.C. § 252(i). The adoption provides terms for the parties to interconnect their facilities, enables FirsTel to resell U S WEST’s services and provides FirsTel access to U S WEST’s unbundled network elements. This Agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to 47 U.S.C. § 252(e).
On April 28, 2000, the Commission issued a Notice of Application and Modified Procedure. Order No. 28362. Comments were due May 19, 2000. Only Staff filed comments and it recommended approval.
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 recommended that the Joint Application for approval of the interconnection agreement be approved.
Commission Decision:
Should the Joint Application of U S WEST and DSLnet for approval of an interconnection agreement be approved?

Cheri C. Copsey

Staff: Wayne Hart

M:uswt0010_cc.doc

DECISION MEMORANDUM 2