uswt9926_elit992.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 ELECTRIC LIGHTWAVE, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. USW-T-99-26/
ELI-T-99-2

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. 28222 issued on November 29, 1999, submits the following comments.
On October 29, 1999, in accordance with the Telecommunications Act of 1996, U S WEST Communications, Inc. and Electric Lightwave, Inc. (ELI), 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 ELI to continue to operate in the local exchange market and provide customers with increased choices among local exchange services. ELI 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 U S WEST’s agreements 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 December 1999.

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Cheri C. Copsey
Deputy Attorney General
Technical Staff: Wayne Hart

CCC:WH:gdk:i/umisc/comments/uswt9926_elit992.cccwh

STAFF COMMENTS 1 DECEMBER 20, 1999