HomeMy WebLinkAboutMODPROC.docx(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT WITH AT&T WIRELESS SERVICES, INC. PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-97-10
NOTICE OF APPLICATION
NOTICE OF MODIFIED
PROCEDURE
YOU ARE HEREBY NOTIFIED that on March 18, 1997, U S WEST Communications, Inc. (U S WEST) filed an Application for approval of an Interconnection Agreement. The Agreement provides for U S WEST and AT&T Wireless Services, Inc. (AT&T) to interconnect their facilities and interchange traffic. U S WEST’s initial Application stated that the Agreement was reached through voluntary negotiations without resort to mediation or arbitration and was being submitted for approval pursuant to 47 U.S.C. § 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the Act).
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement reached through voluntary negotiations only if the Commission finds that
(1)the agreement (or portions thereof) discriminates against a telecommunications carrier not a party to the agreement; or
(2)the implementation of such agreement or portion is not consistent with the public interest, convenience and necessity.
U S WEST asserts that the Agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
YOU ARE FURTHER NOTIFIED that on April 23,1997, U S WEST filed an Amended Application and Reservation of Rights regarding filing of Wireless Interconnection Agreement. U S WEST’s Amended Application states that its interconnection agreement with AT&T Wireless is identical to the interconnection agreement entered into between Western Wireless Services Corporation and U S WEST. The Commission arbitrated and then approved the agreement between Western Wireless and U S WEST in Case Nos. WST-T-96-1 and USW-T-96-11. U S WEST states that, because the Western Wireless agreement was an arbitrated agreement, it considers its agreement with AT&T Wireless to be an arbitrated agreement.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. USW-T-97-10. The Commission has determined that the public interest may not require a hearing to consider the issues presented and that the issues raised by the Application may be processed under Modified Procedure, i.e., by written submission rather than by hearing. See Commission Rules of Procedure, IDAPA 31.01.01.201-.204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. See IDAPA 31.01.01.203.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission within twenty-one (21) days from the date of this Notice. The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. See IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. USW-T-97-10 should be mailed to the Commission and the Companies at the addresses reflected below:
COMMISSION SECRETARYKATHRYN E. FORD
IDAHO PUBLIC UTILITIES COMMISSIONSENIOR ATTORNEY
PO BOX 83720U S WESTCOMMUNICATIONS, INC.
BOISE, IDAHO 83720-00741801 CALIFORNIA STREET, SUITE 5100
DENVER, CO 80202
Street Address for Express Mail:
472 W WASHINGTON STWILLIAM J. BATT
BOISE, IDAHO 83702-5983MARSHALL, BATT & FISHER LCP
PO BOX 1308
BOISE, ID 83701
All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Application and Agreement together with supporting workpapers, and exhibits have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 and Title 62 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Title 61 or Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq.
DATED at Boise, Idaho this day of April 1997.
Myrna J. Walters
Commission Secretary
cm/N:USW-T-97-10.ws
COMMENTS AND ANNOTATIONS
Text Box 1:
TEXT BOXES
Office of the Secretary
Service Date
May 2, 1997