2000802_ws.doc

DECISION MEMORANDUM

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

FROM:

DATE: AUGUST 2, 2000

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

On June 10, 2000, U S WEST Communications, Inc. (U S WEST) filed a Statement of Generally Available Terms (SGAT) as described by Section 252(f) of the Telecommunications Act of 1996, 47 U.S.C. ( 252(f). An SGAT provides the terms and conditions an incumbent telephone company generally offers to other companies that seek interconnection with the incumbent company. U S WEST’s SGAT provides terms and conditions for interconnection, access to unbundled network elements, ancillary services, and resale of U S WEST’s telecommunications services.
The terms and conditions of an SGAT must comply with the interconnection terms set forth in Section 251 and the pricing standards of Section 252(d) of the Telecommunications Act. Pursuant to Section 252(f)(2), the Commission is required to review the SGAT and ensure that it complies with the interconnection requirements and pricing standards of the Telecommunications Act.
Pursuant to 47 U.S.C. ( 252(f)(3), the Commission is required to complete its review of U S WEST’s statement within 60 days or permit such statement to take effect. However, permitting the SGAT to take effect at the end of 60 days does not preclude the Commission from continuing to review the statement or from approving or disapproving it at a later date. See 47 U.S.C. 252(f)(4).
The Commission issued a Notice of Filing and Notice of Modified Procedure, Order No. 28412, on June 16, 2000. Comments were due July 17, 2000 with reply comments due August 1, 2000. Comments were received by Joint Commenters (Advanced Telcom Group, Inc., McLeodUSA Telecommunications Services, Inc., New Edge Network dba New Edge Networks, and the Association for Local Telecommunications Services); JATO Communications; AT&T Communications of the Mountain States, Inc.; Association of Communications Enterprises; and the Commission Staff. The notice informed interested parties the Commission would consider not issuing an Order approving or disapproving the SGAT within 60 days, and instead may permit it to take effect pursuant to Section 252(f)(3).
The comments filed (including those filed by Staff) recommend that the SGAT be allowed to go into effect without Commission approval, realizing that the terms will be adjusted throughout the Section 271 workshop proceeding, and that it becoming effective does not preclude the Commission from later reviewing its terms for approval, modification or disapproval.
Commission Decision
Should the SGAT be allowed to go into effect without Commission approval?

Weldon B. Stutzman

bls/M:uswt0015_ws2

DECISION MEMORANDUM 2