2000609_ws.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
TONYA CLARK
LOU ANN WESTERFIELD
JOE CUSICK
RANDY LOBB
LYNN ANDERSON
DON HOWELL
WORKING FILE

FROM:

DATE: JUNE 9, 2000

RE: U S WEST’S FILING OF STATEMENT OF GENERALLY AVAILABLE TERMS, CASE NO. USW-T-00-15

U S WEST on June 9, 2000, plans to file a statement of generally available terms (SGAT) as described by Section 252(f) of the Telecommunications Act of 1996. An SGAT provides the terms and conditions an incumbent telephone company generally offers to other companies that are interested in interconnection with the incumbent company. According to Section 252(f)(2), a state commission is required to ensure the SGAT complies with the interconnection requirements of Section 251 and the pricing standards of Section 252(d). Section 252(f)(3) requires a state commission to complete its review within 60 days of submission by the incumbent company or “permit such statement to take effect.” However, permitting the SGAT to take effect does “not preclude the state commission from continuing to review a statement that has been permitted to take effect…or from approving or disapproving such statement.” 47 U.S.C. ( 252(f)(4).
U S WEST is filing its SGAT as a prelude to its Section 271 proceeding. U S WEST anticipates that the particular terms will be reviewed, disputed and negotiated during the 271 process, and thus expects to revise its SGAT after the Section 271 process is completed.
Staff recommends the Commission issue a Notice of SGAT Filing and Notice of Modified Procedure to process U S WEST’s SGAT filing. Comments could be invited from interested competitive telephone providers and others during a 30-day comment period, and the notice could also provide for a reply comment period of 15 days. Following completion of the modified procedure process, the Commission could permit the SGAT to take effect pursuant to Section 252(f)(3), with the understanding the Commission is not precluded from approving or disapproving the SGAT later if it becomes clear during the Section 271 process that provisions of the statement are inappropriate.
Commission Decision
Should the Commission issue a Notice of Filing of Statement of Generally Available Terms and Notice of Modified Procedure, providing for a 30-day comment period and a 15-day reply comment period?

vld/M:SGAT_ws

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