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HomeMy WebLinkAbout2000721_cc.doc DECISION MEMORANDUM TO: COMMISSIONER HANSEN COMMISSIONER SMITH COMMISSIONER KJELLANDER MYRNA WALTERS RON LAW TONYA CLARK LOU ANN WESTERFIELD LYNN ANDERSON DON HOWELL RANDY LOBB JOE CUSICK WAYNE HART WORKING FILE FROM: CHERI C. COPSEY DATE: JULY 21, 2000 RE: IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND SERVISENSE.COM, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).; CASE NO. USW-T-00-16. On June 19, 2000, U S WEST Communications, Inc. and ServiSense.com, Inc., (“ServiSense”) filed a Joint Application for approval of a negotiated wireline interconnection agreement between U S WEST and ServiSense. 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 June 30, 2000, the Commission issued a Notice of Application and Modified Procedure. Order No. 28419. Comments were due July 21, 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 an interconnection agreement be approved. Commission Decision: Should the Joint Application of U S WEST and ServiSense for approval of an interconnection agreement be approved? Cheri C. Copsey Staff: Wayne Hart M:uswt0016_cc DECISION MEMORANDUM 2