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Home My WebLink About19990820.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 WORKING FILE FROM: CHERI C. COPSEY DATE: AUGUST 20, 1999 RE: REQUEST FOR APPROVAL OF INTERCONNECTION AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND FRETEL COMMUNICATIONS, LLC – CASE NO. USW-T-99-14. On June 15, 1999, U S WEST Communications, Inc. and Fretel Communications, LLC 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. On July 27, 1999, the Commission issued a Notice of Application and Modified Procedure. Order No. 28103. Comments were due August 17, 1999. Only Staff filed comments recommending approval. BACKGROUND Under the terms of the Telecommunications Act of 1996, interconnection agreements and amendments to those 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 recommended that the Joint Application for approval of an interconnection agreement be processed by Modified Procedure. Commission Decision: Should the Joint Application of U S WEST and Fretel for approval of an interconnection agreement be approved? Cheri C. Copsey Staff: Wayne Hart M:uswt9914_cc1.doc DECISION MEMORANDUM 1