27099.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 A WIRELESS INTERCON­NECTION AGREEMENT WITH U S WEST NEW VECTOR GROUP, INC.  DBA AIRTOUCH CELLULAR PURSUANT TO 47 U.S.C. § 252(e).
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CASE NOS.  USW-T-97-15
ORDER NO.  27099
On June 16, 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 U S WEST New Vector Group, Inc., along with several partners, dba AirTouch Cellular (AirTouch) to interconnect their facilities and interchange traffic.  U S WEST’s Application states that the Agreement is a wireless interconnection agreement reached through voluntary negotiations and is 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).  The Application also states that its interconnection agreement with AirTouch 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; USW-T-96-11.
On July 9, 1997, the Commission issued a Notice of Petition and Notice of Modified Procedure, which established a comment period that expired on July 30, 1997.  No comments were filed.
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
(i)the agreement (or portions thereof) discriminates against a telecommunications carrier not a party to the agreement; or
(ii)the implementation of such agreement or portion is not consistent with the public interest, convenience and necessity.
The parties assert that the Agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
Staff has reviewed the final agreement between the parties to determine that it is consistent with the requirements of the Telecommunications Act and recommends approval of the agreement.  Based on the recommendation of the Staff, we find that the final agreement between U S WEST and AirTouch should be approved.
O R D E R
IT IS HEREBY ORDERED that the Wireless Interconnection Agreement between U S WEST  and AirTouch Cellular is approved.  Terms of the agreement that are not already in effect shall be effective as of the date of this Order.
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-T-97-15 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in Case No. USW-T-97-15.  Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration.  See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of August 1997.
                                                                                                                                      DENNIS S. HANSEN, PRESIDENT
                                                                                           RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld\O:USW-T-97-15.ws
COMMENTS AND ANNOTATIONS
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Service Date
August 11, 1997