991007_cc.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: OCTOBER 7, 1999

RE: IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND DSLNET COMMUNICATIONS, LLC FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e)..; CASE NO. USW-T-99-19.

On August 5, 1999, U S WEST Communications, Inc. and DSLnet Communications, LLC filed a Joint Application for approval of a negotiated wireline interconnection agreement between U S WEST and DSLnet. 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.
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 recommends that the Joint Application for approval of an interconnection agreement be approved.

Commission Decision:
Should the Joint Application of U S WEST and DSLnet for approval of an interconnection agreement be processed by Modified Procedure?

Cheri C. Copsey

Staff: Wayne Hart

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DECISION MEMORANDUM 1