USWT994.WH.doc

WELDON B. STUTZMAN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
472 WEST WASHINGTON STREET
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]

Street Address for Express Mail:
472 W WASHINGTON
BOISE ID 83702-5983

Attorney for the Commission Staff

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND NEXTEL WEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C.  252(e).

)
)
)
)
)
)
)

CASE NO. USW-T-99-4

COMMENTS OF THE
COMMISSION STAFF

COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its attorney of record, Weldon B. Stutzman, Deputy Attorney General, in response to Order No. 27971, issued March 16, 1999, submits the following comments.

BACKGROUND
On February 19, 1999, U S WEST Communications, Inc. (USW), and Nextel West Corporation, (Nextel), a Commercial Mobile Radio Service (CMRS) provider, submitted a joint application for approval of a Type 2 Wireless interconnection agreement in accordance with Section 252(e) of the Federal Telecommunications Act. The Companies indicated the agreement had been reached through voluntary negotiations, and claimed the agreement is consistent with the public interest, convenience and necessity. They requested the Commission approve the agreement without a hearing or intervention by other parties.

Section 252 indicates that such agreements are to be submitted to state commissions for approval. Agreements adopted through negotiation may only be rejected 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:

STAFF ANALYSIS
Staff reviewed the language of this agreement and found the terms and conditions to be essentially the same as those contained in previous agreements previously approved by this Commission. This agreement is more extensive than previous wireless interconnection agreements, including additional services, such as unbundled elements, trunks and transit services. These additional services are priced similarly to the prices of these services contained in agreements this Commission has previously approved between U S WEST and wireline carriers.
Staff therefore concludes that the terms or conditions in this agreement are not discriminatory. Staff concurs with the Companies claim that the agreement is consistent with the pro-competitive policies of the Commission, the Idaho Legislature, and the Telecommunications Act of 1996, and therefore is consistent with the public interest.

STAFF RECOMMENDATION
Staff recommends the Commission approve this interconnection agreement as filed.

DATED at Boise, Idaho, this day of April 1999.

______________________________________
Weldon B. Stutzman
Deputy Attorney General

Technical Staff: Wayne Hart

WS:WH:jo/umisc/comments/uswt994.ws

STAFF COMMENTS 1 April 2, 1999