HomeMy WebLinkAbout28084.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND AVISTA COMMUNICATIONS, INC. FOR APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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ORDER NO. 28084
Pursuant to Section 252(e) of the Telecommunications Act of 1996, on May 21, 1999, U S WEST Communications, Inc. and Avista Communications, Inc. filed a Joint Application for approval of an amendment to a previously approved negotiated interconnection agreement between U S WEST and Avista. 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. The Commission previously approved the underlying Interconnection Agreement on December 18, 1998, in Order No. 27827. On June 7, 1999, the Commission ordered the Application be considered under Modified Procedure. Order No. 28063.
Based on the record, the comments and the law, the Commission approves this amendment to the Interconnection Agreement between U S WEST and Avista approved December 18, 1998.
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. 28063. Only the Commission Staff filed comments during the comment period.
The Joint Application states that the amendment provides for collocation of Avista’s microwave antenna equipment on the roofs of U S WEST’s Central Office Buildings and collocation of transmission equipment. The equipment will be limited to only that which is necessary for local interconnection of Avista’s network facilities to U S WEST’s network or access to U S WEST’s unbundled network elements.
STAFF RECOMMENDATION
Staff reviewed the language of this amendment to the Interconnection Agreement and concluded that the terms or conditions in this Agreement are not discriminatory. Staff concurred with U S WEST’s and Avista’s claim that the amendment is consistent with the pro-competitive policies of the Commission, the Idaho Legislature and the Telecommunications Act of 1996 and finds that the amendment is consistent with the public interest. Staff, therefore, recommended the Commission approve the amendment 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 Avista is not inconsistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds this amendment to the Interconnection Agreement approved by Commission Order No. 27827 on December 18, 1998, should be approved.
O R D E R
IT IS HEREBY ORDERED that the amendment to the Interconnection Agreement between U S WEST Communications, Inc. and Avista Communications, Inc. 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-99-8 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-99-8. 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:uswt998_cc2
ORDER NO. 28084 -1-
Office of the Secretary
Service Date
July 8, 1999