HomeMy WebLinkAbout28083.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND INTELLICALL OPERATOR SERVICES, INC. DBA ILD FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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ORDER NO. 28083
Pursuant to Section 252(e) of the Telecommunications Act of 1996, on May 21, 1999, U S WEST Communications, Inc. and Intellicall Operator Services, Inc. dba ILD filed a Joint Application for approval of a negotiated Interconnection Agreement between U S WEST and ILD. The Joint Application states that the agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the Telecommunications Act of 1996.
Based on the record, the comments and the law, the Commission approves this Interconnection Agreement between U S WEST and ILD.
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.
On June 7, 1999, the Commission ordered the Joint Application be processed under Modified Procedure. Order No. 28060. Only the Commission Staff filed comments during the comment period.
The Joint Application states that the Agreement will allow ILD to connect to U S WEST facilities to exchange traffic, provide access to unbundled network elements, ancillary network services and retail services available for resale.
STAFF RECOMMENDATION
Staff reviewed the language of the Interconnection Agreement and concluded that the terms or conditions in this Agreement are not discriminatory. Staff concurred with U S WEST’s and ILD’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 finds that the agreement is consistent with the public interest. Staff, therefore, recommended the Commission approve the Agreement without any changes.
COMMISSION FINDINGS
The Idaho Legislature delegated the Commission authority to implement all aspects of the Telecommunications Act of 1996 in Idaho Code § 62-615. 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 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 the fact no other party commented, the Commission finds that the agreement between U S WEST and ILD is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds this Interconnection Agreement should be approved.
O R D E R
IT IS HEREBY ORDERED that the Interconnection Agreement between U S WEST Communications, Inc. and Intellicall Operator Services, Inc. dba ILD 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-99-7 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-99-7. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 61 626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of July 1999.
DENNIS S. HANSEN, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
PAUL KJELLANDER, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
O:uswt997_.cc2
ORDER NO. 28083 -1-
Office of the Secretary
Service Date
July 8, 1999