20031210Final 28139.pdf

Office of the Secretary
Service Date
September 10, 1999
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION)
OF U S WEST COMMUNICATIONS, INC. AND
JOSEPH B. MCNEAL DBA PAGE DATA FOR
APPROV AL OF A TYPE 1 PAGING
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.C. ~252(e).
CASE NO. USW - T -99-
ORDER NO. 28139
On July 9, 1999, V S WEST Communications, Inc. and Joseph B. McNeal dba Page Data
filed a Joint Application requesting approval of a Type 1 Paging 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.
On July 27, 1999, the Commission issued a Notice of Application and Modified
Procedure. Order No. 28102. Comments were due August 17, 1999. Only Staff filed comments
recommending approval.
Based on the record, the comments and the law, the Commission approves this
interconnection agreement between V S WEST and Page Data.
BACKGROUND
Under the terms of the Telecommunications Act of 1996, interconnection agreements
must be submitted to the Commission for approval. 47 V.C. 9252 (e)(l). 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 V.C. 9 252 (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 V.C. 9 252 (e)(4). The Commission s decision is not
reviewable by the state courts. Id.
The Joint Application states that the agreement will allow Page Data to connect to
V S WEST's facilities for connecting facilities and exchanging traffic. Based on its review ohhis
ORDER NO. 28139
agreement and previously approved agreements, Staff found the agreement was consistent with the
public interest, convenience and necessity and does not discriminate against other carriers. Staff
recommended this interconnection agreement be approved.
COMMISSION FINDINGS
Under the terms of the Telecommunications Act of 1996, interconnection agreements
must be submitted to the Commission for approval. 47 U.C. 9252 (e)(l). The Commission
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 implementation of the agreement is not consistent with the public interest, convenience
and necessity.Id.Based on the information filed with the Commission, the Staff
recommendation, and on the fact no other party commented, the Commission finds that the
interconnection agreement between Page Data and U S WEST is consistent with the public interest
convenience and necessity and does not discriminate. Therefore, the Commission finds this
interconnection agreement should be approved.
ORDER
IT IS HEREBY ORDERED that the interconnection agreement between U S WEST
Communications, Inc. and Joseph B. McNeal dba Page Data 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-99-
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 -99-13. Within seven (7) days after any person has petitioned for reconsideration, any
other person may cross-petition for reconsideration. See Idaho Code 9 61-626.
ORDER NO. 28139
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of September 1999.
MARSHA H. SMITH, COMMISSIONER
~NER
ATTEST:~jlM yma J. Walters
Commission Secretary
O:uswt9913 cc2
ORDER NO. 28139