2000803_cc.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
TONYA CLARK
LOUANN WESTERFIELD
LYNN ANDERSON
DON HOWELL
RANDY LOBB
JOE CUSICK
WAYNE HART
WORKING FILE

FROM: CHERI C. COPSEY

DATE: AUGUST 3, 2000

RE: IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND AMERICAN FIBER NETWORK, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e); CASE NO. USW-T-00-17.

On June 23, 2000, in accordance with the Telecommunications Act of 1996, U S WEST Communications, Inc. and American Fiber Network, Inc (“American Fiber”), a competitive local exchange service company, filed a Joint Application for approval of a negotiated interconnection agreement for wireline interconnection in accordance with Section 252(e) of the Federal Telecommunications Act. 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.
BACKGROUND
On June 30, 2000, the Commission issued a Notice of Application and Modified Procedure. Order No. 28421. Comments were due July 21, 2000. Only Staff filed comments and it recommended approval. American Fiber had previously filed an Application for a Certificate of Public Convenience and Necessity (CPCN). GNR-T-00-3. On August 3, 2000, Staff recommended that the Commission dismiss American Fibers’ Application for a CPCN for failure to comply with Commission rules and orders.
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.
However, because American Fiber does not currently have a valid CPCN authorizing it to offer the services covered by the interconnection agreement, Staff also recommends any final order make clear that approval of this agreement does not authorize American Fiber to offer the services covered by the interconnection agreement.
Commission Decision:
Should the Joint Application of U S WEST and Amercian Fiber for approval of an interconnection agreement be approved?

Cheri C. Copsey

Staff: Wayne Hart

M:uswt0017_cc2

DECISION MEMORANDUM 2