HomeMy WebLinkAbout19990629.docDECISION 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: JOINT APPLICATION OF U S WEST AND AVISTA COMMUNICATIONS, INC. FOR APPROVAL OF AN AMENDMENT TO AN INTERCONNECTION AGREEMENT (NEGOTIATED) PURSUANT TO 47 U.S.C. § 252(e); CASE NO. USW-T-99-8.
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.
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 are not discriminatory. Staff concurs with U S WESTs and Avista’s claim that the amendment to the Interconnection Agreement approved by the Commission on December 18, 1998, 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 RECOMMENDATION:
Staff recommends the Commission approve this amendment to the Interconnection Agreement as filed.
Commission Decision
Should U S WEST and Avista’s Joint Application requesting the Commission approve an amendment to the Interconnection Agreement previously approved by the Commission on December 18, 1998, be approved?
Cheri C. Copsey
M:uswt998_cc2
DECISION MEMORANDUM 1