990223.docx

DECISION MEMORANDUM
TO:COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
TONYA CLARK
DON HOWELL
STEPHANIE MILLER
JOE CUSICK
WAYNE HART
DAVID SCOTT
WORKING FILE
FROM:CHERI C. COPSEY
DATE:FEBRUARY 23, 1999
RE:CASE NO. USW-T-99-1; JOINT APPLICATION OF U S WEST AND TOPP COMM, INC. FOR APPROVAL OF AN AGREEMENT FOR RESALE
Pursuant to Section 252(e) of the Telecommunications Act of 1996, U S WEST Communications and Topp Comm, Inc filed a Joint Application on January 5, 1999, requesting approval of an agreement for resale dated December 22, 1998.  According to the Joint Application, the agree­ment was reached through voluntary negotiations between the parties without resort to mediation or arbitration.  The agreement provides for resale of U S WEST services in Idaho by Topp Comm.
Under the terms of the Telecommunications Act of 1996, resale agreements must be submitted to the Commission for approval.  47 U.S.C. § 252 (e)(1).  The Commission may reject an agreement adopted by negotiation only if it finds that the agreement discriminates against a telecommunication carrier not a party to the agreement or implementation of the agreement is not consistent with the public interest, convenience and necessity.  47 U.S.C. § 252 (e)(2)(A).  If the Commission does not act to approve or reject the agreement within 90 days after its submission, the agreement is deemed approved.  47 U.S.C. § 252 (e)(4).  The Commission’s decision is not reviewable by the state courts.  Id.
Staff recommends that the Joint Application for approval of the resale agreement be processed by Modified Procedure.  
Commission Decision
Should the Application of U S WEST and Topp Comm approval of the resale agreement be processed by Modified Procedure?

Cheri C. Copsey
M:uswt99_1.cc