HomeMy WebLinkAbout991221_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: DECEMBER 21, 1999
RE: 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). CASE NOS. USW-T-99-26/ELI-T-99-2.
On October 29, 1999, U S WEST Communications, Inc. and Electric Lightwave, Inc. (ELI) 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 November 29, 1999, the Commission issued a Notice of Application and Modified Procedure. Order No. 28222. Comments were due December 20, 1999.
Only Staff filed comments and it recommended 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 approved.
Commission Decision:
Should the Joint Application of U S WEST and ELI for approval of an interconnection agreement be approved?
Cheri C. Copsey
Staff: Wayne Hart
M:uswt9926-elit992_cc
DECISION MEMORANDUM 2