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HomeMy WebLinkAbout27684.docx(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE JOINT APPLICATION OFU S WEST COMMUNICATIONS, INC. AND CTC TELECOM, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). ) ) ) ) ) ) ) ) ) CASE NO.  USW-T-98-9 NOTICE OF APPLICATION NOTICE OF MODIFIED          PROCEDURE ORDER NO. 27684 NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED thaton August 14, 1998, U S WEST Communications, Inc. and CTC Telecom, Inc. filed a Joint Application for approval of a negotiated interconnection agreement between U S WEST and CTC for the purposes of CTC interconnecting and reselling U S WEST services in Idaho.  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.   YOU ARE FURTHER NOTIFIED that the Joint Application states that the agreement will allow CTC and U S WEST to interconnect and exchange traffic between their respective end user customers.  The interconnection agreement provides for compensation for transport and termination of traffic and other issues. YOU ARE FURTHER NOTIFIED that Section 252(e)(2) of the Act authorizes a state Commission to reject an agreement reached through voluntary negotiations only if the Commission finds that (i)the agreement (or portions thereof) discriminates against a telecommuni-cations 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. U S WEST and CTC jointly assert 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 the Commission reviewed the filings of record in Case No. USW-T-98-9 and 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 Joint 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-98-9 should be mailed to the Commission and U S WEST and CTC at the addresses reflected below: COMMISSION SECRETARYPETER J. BUTLER IDAHO PUBLIC UTILITIES COMMISSION1600 7TH AVE., SUITE 3206 PO BOX 83720SEATTLE, WA  98191 BOISE, IDAHO  83720-0074 Counsel for U S WEST Communications, Inc. Street Address for Express Mail: 472 W WASHINGTON STMICHAEL C. CREAMER BOISE, IDAHO  83702-5983GIVENS PURSLEY LLP P.O. BOX 2720 277 N. 6TH STREET, SUITE 200 BOISE, ID  83701 Counsel for CTC Telecom, Inc. All comments should contain the case caption and case number shown on the first page of this document. YOU ARE FURTHER NOTIFIED that the Joint 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. O R D E R IT IS HEREBY ORDERED, upon review of the filings in this case and the determination of the Commission, that the Joint Application of U S WEST Communication, Inc. and CTC Telecom, Inc. for approval of an interconnection agreement with U S WEST and CTC be processed by Modified Procedure, Commission Rules of Procedure 201-204; IDAPA 31.01.01.201-04. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of August 1998.                                                                                                                                       DENNIS S. HANSEN, PRESIDENT                                                                                            RALPH NELSON, COMMISSIONER                                                                           MARSHA H. SMITH, COMMISSIONER ATTEST:                                                                  Myrna J. Walters Commission Secretary O:uswt989.cc COMMENTS AND ANNOTATIONS Text Box 1: TEXT BOXES Office of the Secretary Service Date August 26, 1998