USWt0011.dhwh.doc

DONALD L. HOWELL II
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3366

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 NOW COMMUNICATIONS, INC. FOR APPROVAL OF AN AGREEMENT FOR RESALE PURSUANT TO 47 U.S.C.  252(e).
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CASE NO. USW-T-00-11

COMMENTS OF THE
COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its Attorney of record, Donald L. Howell II, Deputy Attorney General, in response to Order
No. 28379, the Notice of Joint Application and Notice of Modified Procedure in Case
No. USW-T-00-11 issued on May 15, 2000, submits the following comments.
On May 3, 2000, U S WEST Communications, Inc. (US WEST) and Now Communications, Inc. (Now), a competitive provider of telecommunication services, submitted a Joint Application for approval of a Resale Agreement in accordance with Section 252(e)(1), (2)(A) of the federal Telecommunications Act of 1996. The Companies indicated the Agreement had been reached through voluntary negotiations, 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. The rates and terms are very similar to those contained in other resale agreements submitted by US WEST and previously approved by this Commission. 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 this Resale Agreement as filed.

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

____________________________________
Donald L. Howell II
Deputy Attorney General
Technical Staff: Wayne Hart

DH:WH/va/umisc/comments/uswt0011.dhwh
COMMENTS OF THE
COMMISSION STAFF 1 JUNE 6, 2000