20031210Final 28032.pdf

Office of the Secretary
Service Date
May 13 , 1999
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION)
OF U S WEST COMMUNICATIONS, INC. AND
ROBERT RYDER DBA RADIO PAGING SERVICE)
FOR APPROVAL OF A TYPE PAGING
CONNECTION AGREEMENT PURSUANT TO 47 C. 2S2(e).
CASE NO. USW-99-
ORDER NO. 28032
Pursuant to Section 252( e) of the Telecommunications Act of 1996, U S WEST
Communications and Robert Ryder dba Radio Paging Service filed a Joint Application on March 4
1999, requesting approval of an agreement for a Type 1 Paging Connection Agreement dated
February 19, 1999. 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 connecting facilities and exchanging traffic between U S WEST in Idaho and Radio
Paging Service.
Based on the record, the comments and the law, the Commission approves this
interconnection agreement between U S WEST and Radio Paging Service.
BACKGROUND
Under the terms of the Telecommunications Act of 1996, interconnection agreements must
be submitted to the Commission for approval. 47 US.c. 9252 (e)(I). 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.C. 9252 (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 US.C. 9 252 (e)(4). The Commission s decision is not
reviewable by the state courts. Id.
On March 16, 1999, the Commission ordered the Joint Application be processed under
Modified Procedure. Order No. 27970. Only the Commission Staff filed comments during the
comment period.
ORDER NO. 28032
STAFF RECOMMENDATION
Staff reviewed the language of this Agreement and found the terms and conditions to be
essentially identical to those contained in previous agreements previously approved by this
Commission. Staff, therefore, concluded that the terms or conditions in this Agreement are not
discriminatory. Staff concurs with U S WEST's and Radio Paging Service s claim that the
Agreement is consistent with the pro-competitive policies of the Commission, the Idaho Legislature
and the Telecommunications Act of 1996 and fmds that the Agreement is consistent with the public
interest. Staff, therefore, recommended the Commission approve the Agreement without any
changes.
COMMISSION FINDINGS
Under the terms of the Telecommunications Act of 1996, resale agreements must be
submitted to the Commission for approval. 47 US.C. 9252 (e)(I). The Commission s review is
limited, however. The Commission may reject an agreement adopted by negotiation onlv if it finds
that the agreement discriminates against a telecommunication carrier not a party to the agreement
or fmds that implementation of the agreement is not consistent with the public interest, convenience
and necessity. Id. Based on the information filed with the Commission, the Staff's recommendation
and on the fact no other party commented, the Commission finds that the agreement between U S
WEST and Radio Paging Service is consistent with the public interest, convenience and necessity
and does not discriminate. Therefore, the Commission finds this Type 1 Paging Connection
Agreement should be approved.
ORDER
IT IS HEREBY ORDERED that the Type 1 Paging Connection Agreement between U S
WEST Communications, Inc. and Radio Paging Service 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-99-5 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-99-5. Within seven (7) days after any person has petitioned for reconsideration, any
other person may cross-petition for reconsideration. See Idaho Code 9 61-626.
ORDER NO. 28032
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /'.;:? Cfi.- day
of May 1999.
~J~J
MARSHA H. SMITH, COMMISSIONER
PAu ~ONER
ATTEST:/2~
Myrna J. Walters
Commission Secretary
O:USWT995 cc3
ORDER NO. 28032