HomeMy WebLinkAbout19990528.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
DAVID SCOTT
WORKING FILE
FROM: CHERI C. COPSEY
DATE: MAY 28, 1998
RE: REQUEST FOR APPROVAL OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT BETWEEN U S WEST
COMMUNICATIONS, INC. AND AVISTA COMMUNICATIONS, INC.
CASE NO. USW-T-99-8
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. Moreover, the Commission previously approved the underlying interconnection agreement on December 18, 1998, in Order No. 27827.
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 recommends that the Joint Application for approval of the amendment to an interconnection agreement be processed by Modified Procedure.
Commission Decision:
Should the Joint Application of U S WEST and Avista for approval of the amended interconnection agreement be processed by Modified Procedure?
Cheri C. Copsey
Staff: Wayne Hart
M:uswt998_cc.doc
DECISION MEMORANDUM 2