20000901O.N. 28499.pdf

Office of the Secretary
Service Date
September 1 2000
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION)
OF QWEST CORPORATION FKA US WEST
COMMUNICATIONS, INC. ARCH PAGING, INC.
AND MOBILE COMMUNICATIONS
CORPORATION OF AMERICA FOR APPROVAL
OF A TYPE 1 AND TYPE 2 INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e).
CASE NO. USW-OO-
ORDER NO. 28499
On July 13 2000, Qwest Corporation f.k.a. U S WEST Communications, Inc. ("Qwest"
Arch Paging, Inc. and Mobile Communications Corporation of America filed a Joint Application for
approval of a negotiated agreement for interconnection of their respective networks in accordance
with the federal Telecommunications Act of 1996. The Joint Application stated that the agreement
was reached through voluntary negotiations without resort to mediation or arbitration and is
submitted for approval pursuant to Section 252(e) ofthe Federal Telecommunications Act of 1996.
On August 1 , 2000, the Commission issued a Notice of Application and Modified Procedure. Order
No. 28458. Comments were due August 22, 2000. The Commission Staff filed comments
recommending approval of the Agreement. Based on the record, the comments and the law, the
Commission approves the Type 1 and Type 2 paging interconnection agreement between these
companIes.
BACKGROUND
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.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.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 US.C. ~ 252 (e)(4). The Commission s decision is not
reviewable by the state courts. Id.
ORDER NO. 28499
The Joint Application stated that the Agreement is in the public interest and will allow
Arch Paging, Inc. to continue to interconnect with Qwest facilities to enable them to provide
customers with increased choices amongst telecommunications services. Application at 2. Based
on its review of the Agreement and similar agreements filed by Qwest's predecessor U S WEST
Communications, Inc., the Staff filed comments maintaining that it is consistent with the public
interest, convenience and necessity and does not discriminate against other carriers.
recommended this interconnection agreement be approved. No other comments were filed.
Staff
COMMISSION FINDINGS
Based upon our review of the Application, the Staff s recommendation and on the fact
no other person commented on the proposed Agreement, the Commission finds that the
interconnection agreement between Qwest, Arch Paging, Inc. and Mobile Communications
Corporation of America is consistent with the public interest, convenience and necessity and does
not discriminate. Therefore, the Commission finds that this interconnection agreement should be
approved.
ORDER
IT IS HEREBY ORDERED that the Type 1 and Type 2 paging interconnection
agreement between Qwest, Arch Paging, Inc. and Mobile Communications Corporation of America
is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case No. USW-00-
may petition for reconsideration within twenty-one (21) days ofthe service date ofthis Order with
regard to any matter decided in this Order or in interlocutory Orders previously issued in this Case
No. USW- T-00-20. Within seven (7) days after any person has petitioned for reconsideration, any
other person may cross-petition for reconsideration. See Idaho Code ~~ 61-626 and 62-619.
ORDER NO. 28499
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this .3/$A
day of August 2000.
4~,
MARSHA H. SMITH, COMMISSIONER
PAUL KJEL AN R, COMMISSIONER
ATTEST:
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Myrna J. Walters
Commission Secretary
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ORDER NO. 28499