staff.doc

CHERI C. COPSEY
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5142

Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 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 DSLNET COMMUNICATIONS, LLC FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-99-19

COMMENTS OF THE COMMISSION STAFF

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. 28141 issued September 3, 1999, submits the following comments.
On August 5, 1999, in accordance with the Telecommunications Act of 1996, U S WEST Communications, Inc. and DSLnet Communications, LLC, a competitive local exchange service company, filed a Joint Application for approval of a negotiated interconnection agreement for wireline interconnection in accordance with Section 252(e) of the Federal Telecommunications Act. 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 They requested the Commission approve the agreement without a hearing or intervention by other parties.
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 and found they are essentially the same as those contained in the U S WEST-COVAD agreement previously approved by this Commission. The Staff further found that the agreement 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 the Commission approve this interconnection agreement, as filed.
Dated at Boise, Idaho, this day of September 1999. .

________________________
Cheri C. Copsey
Deputy Attorney General

Technical Staff: Wayne Hart

WH:gdk:i:word/umisc/comments/uswt9919.ccw

STAFF COMMENTS 2 SEPTEMBER 24, 1999