27805.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICA­TION OF BG ENTERPRISES, INC. AND U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF AN AGREEMENT FOR INTERCONNEC­TION PURSUANT TO 47 U.S.C. § 252(e).
)
)
)
)
)
)
)
CASE NO.  USW-T-98-15
ORDER NO.  27805
On September 24, 1998, BG Enterprises, Inc. and U S WEST Communi­ca­tions filed an Application for approval of an interconnection agreement arrived at through voluntary negotiations.  The Agreement is a resale interconnection agreement and is 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 Agreement provides for the parties to interconnect their facilities and will enable BG Enterprises to resell U S WEST’s local exchange telecommunica­tion services.
On October 16, 1998, the Commission issued a Notice of Joint Petition and Notice of Modified Procedure.  Written comments were filed only by the Commission Staff, which recommended approval of the interconnection agreement.
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 reviewed the Agreement between U S WEST and BG Enterprises to determine that it is consistent with the requirements of the Telecommunications Act, and recommends approval.  Based on the recommendation of the Staff, we find that the interconnection agreement between U S WEST and BG Enterprises should be approved.
O R D E R
IT IS HEREBY ORDERED that the interconnection agreement between BG Enterprises, Inc. and U S WEST Communications, Inc.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-T-98-15  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 this Case No. USW-T-98-15 .  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 November 1998.
                                                                                                                                      DENNIS S. HANSEN, PRESIDENT
                                                                                           RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
VLD\O:USW-98-15.ws2
COMMENTS AND ANNOTATIONS
Text Box 1:
TEXT BOXES
Office of the Secretary
Service Date
November 20, 1998