HomeMy WebLinkAbout2000609_dh.docDECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
LOUANN WESTERFIELD
RON LAW
TONYA CLARK
LYNN ANDERSON
STEPHANIE MILLER
RANDY LOBB
JOE CUSICK
WAYNE HART
WORKING FILE
FROM: DON HOWELL
DATE: JUNE 9, 2000
RE: IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND NOW COMMUNICATIONS, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). CASE NO. USW-T-00-11.
On May 3, 2000, U S WEST Communications, Inc. and NOW Communications, Inc. filed a Joint Application for approval of a negotiated interconnection agreement between U S WEST and NOW. 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 May 16, 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 June 6, 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 approval of an interconnection agreement be approved.
Commission Decision:
Should the Joint Application of U S WEST and NOW for approval of an interconnection agreement be approved?
Donald L. Howell, II
Staff: Wayne Hart
bls/M:uswt0011_dh
DECISION MEMORANDUM 1