HomeMy WebLinkAbout28032.docxBEFORE THE IDAHO PUBLIC UTILITIES COMMISSIONIN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND ROBERT RYDER DBA RADIO PAGING SERVICE FOR APPROVAL OF A TYPE 1 PAGING CONNECTION AGREEMENT PURSUANT TO 47 U.S.C. 252(e).)))))))CASE NO. USW-T-99-5ORDER NO. 28032Pursuant 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.BACKGROUNDUnder the terms of the Telecommunications Act of 1996, interconnection 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 Commissions 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. STAFF RECOMMENDATIONStaff 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 WESTs and Radio Paging Services claim that the Agreement is consistent with the pro-competitive policies of the Commission, the Idaho Legislature and the Telecommunications Act of 1996 and finds that the Agreement is consistent with the public interest. Staff, therefore, recommended the Commission approve the Agreement without any changes.COMMISSION FINDINGSUnder 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 Commissions review is limited, however. 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 finds 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 Staffs 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.O R D E RIT 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-T-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-T-99-5. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 61626.DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of May 1999.DENNIS S. HANSEN, PRESIDENTMARSHA H. SMITH, COMMISSIONERPAUL KJELLANDER, COMMISSIONERATTEST:Myrna J. WaltersCommission SecretaryO:USWT995_cc3