staff.doc

CHERI C. COPSEY
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]

Street Address for Express Mail:
472 W WASHINGTON
BOISE ID 83702-5983

Attorney for the Commission Staff

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND COMPUTER BUSINESS SCIENCES, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
)
)
)
)
)
)
CASE NO. USW-T-99-11

STAFF COMMENTS

COMES NOW the Staff of the Idaho Public Utilities Commission, by and through its Attorney of record, Cheri C. Copsey, Deputy Attorney General, in response to Order No. 28101 and submits the following comments.
On June 15, 1999, in accordance with the Telecommunications Act of 1996, U S WEST Communications, Inc. and Computer Business Sciences, Inc. filed a Joint Application requesting approval of an interconnection agreement. 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 agreement will allow Computer Business Sciences 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.
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 ANALYSIS:
Staff reviewed the terms and conditions of the agreement, which are based upon the terms and prices that resulted from the U S WEST-AT&T arbitration, and does not find any of the terms or conditions to be discriminatory. Therefore, Staff finds the Agreement is consistent with the public interest, convenience and necessity and does not discriminate.

STAFF RECOMMENDATION
Staff recommends this Interconnection Agreement be approved.
DATED at Boise, Idaho, this day of August 1999.

_______________________________
Cheri C. Copsey
Deputy Attorney General

Technical Staff: Wayne Hart

M:uswt9911_cc2.doc

STAFF COMMENTS -2- AUGUST 17, 1999