HomeMy WebLinkAbout19990104Decision Memo.docxDECISION MEMORANDUM
TO:COMMISSIONER HANSEN
COMMISSIONER NELSON
COMMISSIONER SMITH
MYRNA WALTERS
TONYA CLARK
RITA SCOTT
DON HOWELL
STEPHANIE MILLER
JOE CUSICK
WAYNE HART
DAVID SCOTT
WORKING FILE
FROM:BRAD PURDY
DATE:JANUARY 4, 1999
RE:CASE NO. USW-T-98-22; APPLICATION OF U S WEST COMMUNICATIONS, 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
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.
Commission Decision
Does the Commission wish to approve the Interconnection Agreement submitted by U S WEST and ATGI in this case?
Brad Purdy
bp/M:USW-T-98-22