HomeMy WebLinkAbout990428_cc.doc DECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
TONYA CLARK
LYNN ANDERSON
DON HOWELL
STEPHANIE MILLER
JOE CUSICK
WAYNE HART
DAVID SCOTT
WORKING FILE
FROM: CHERI C. COPSEY
DATE: APRIL 28, 1999
RE: JOINT APPLICATION OF U S WEST AND ROBERT RYDER DBA RADIO PAGING SERVICE FOR APPROVAL OF A TYPE 1 PAGING CONNECTION AGREEMENT (NEGOTIATED) PURSUANT TO 47 U.S.C. § 252(e); CASE NO. USW-T-99-5.
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.
BACKGROUND
Under 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.
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 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 RECOMMENDATION:
Staff recommends the Commission approve this Type 1 Paging Connection Agreement as filed.
Commission Decision
Should U S WEST and Radio Paging Service’s Joint Application requesting the Commission approve an agreement for a Type 1 Paging Connection Agreement be approved?
Cheri C. Copsey
M:uswt995_cc2_decmem.doc
DECISION MEMORANDUM