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 BRIDGEBAND COMMUNICATIONS, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. USW-T-99-12

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. 28102 and submits the following comments.
On July 9, 1999, in accordance with the Telecommunications Act of 1996, U S WEST Communications, Inc. and BridgeBand Communications, Inc. filed a Joint Application for approval of a negotiated wireline interconnection agreement between U S WEST and BridgeBand. 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.
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:uswt9912_cc2.doc

STAFF COMMENTS -2- AUGUST 17, 1999