19990126Order No 27892.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF U S WEST COMMUNICATION’S, INC. AND ADVANCED TELCOM GROUP, INC. FOR APPROVAL OF NEGOTIATED/ARBITRATED TERMS OF AGREEMENT FOR INTERCON­NEC­TION, RESALE AND UNBUNDLED ELEMENTS PURSUANT TO 47 U.S.C. § 252.
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CASE NO. USW-T-98-22
ORDER NO. 27892
On November 16, 1998, U S WEST Communications, Inc. (U S WEST) and Advanced Telcom Group, Inc. (ATGI) filed a Joint Application for approval of negotiated/arbitrated terms of agreement for interconnection, resale, and unbundled elements between U S WEST and ATGI.  The companies contend that the agreement was reached through voluntary negotiations.  
On December 15, 1998, the Commission issued a Notice of Modified Procedure soliciting comments in response to the Joint Application of U S WEST and ATGI.  The only party to file comments was the Commission Staff.  Staff notes that Section 252 of the federal Telecommunica­tions Act of 1996 indicates that agreements such as the one entered into between U S WEST and ATGI must be submitted to state commissions for approval.  47 U.S.C. § 252(a).  Furthermore, agreements adopted through negotiation only be rejected only if the state commission finds that:
(i) the agreement (or portion 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.
47 U.S.C. § 252(e)(2)(A).
Staff has reviewed the language of the proposed agreement and believes that the terms and conditions are essentially identical to those contained in the agreement between Sprint and U S WEST which the Commission approved in Order No. 27198 in November 1997.  Staff concludes, therefore, that the terms and conditions in this agreement are not discriminatory, Staff concurs with the joint applicants claim that the agreement is consistent with the pro-competitive policies of the Commission, the Idaho Legislature and the Telecommunications Act of 1996 and is, therefore, consistent with the public interest.  Staff recommends approval of the agreement.
FINDINGS
We hereby approve the ATGI/U S WEST Interconnection Agreement.  We find that, based upon the record of this case, none of the conditions allowing for our denial of the Agreement pursuant to the federal Telecommunications Act of 1996 exist.  Consequently, the Agreement is approved.
O R D E R
IT IS HEREBY ORDERED that the ATGI/U S WEST Interconnection Agreement is approved.
THIS IS A FINAL ORDER.  Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order.  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 January 1999.
                                                                                                                                      DENNIS S. HANSEN, PRESIDENT
                                                                                           RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
bp/O:USW-T-98-22
COMMENTS AND ANNOTATIONS
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Service Date
January 26, 1999