19990629.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
TONYA CLARK
LYNN ANDERSON
DON HOWELL
STEPHANIE MILLER
JOE CUSICK
WAYNE HART
BEV BARKER
DAVID SCOTT
WORKING FILE

FROM: CHERI C. COPSEY

DATE: JUNE 29, 1999

RE: REQUEST FOR APPROVAL OF INTERCONNECTION AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND INTELLICALL OPERATOR SERVICES, INC. DBA ILD; CASE NO. USW-T-99-7

Pursuant to Section 252(e) of the Telecommunications Act of 1996, on May 19, 1999, U S WEST Communications, Inc. and Intellicall Operator Services, Inc. dba ILD filed a Joint Application for approval of a negotiated wireline 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.
On June 7, 1999, the Commission ordered the Application be considered under Modified Procedure. Order No. 28060.
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 Commissions decision is not reviewable by the state courts. Id.
Staff reviewed the language of this Agreement and found the terms and conditions are not discriminatory. Staff concurs with U S WEST’s and ILD’s claim that the Interconnection 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 Interconnection Agreement as filed.
Commission Decision
Should U S WEST and ILD’s Joint Application requesting the Commission approve the Interconnection Agreement as filed, be approved?

Cheri C. Copsey

M:uswt997_cc2

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