20000201_cc.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
TONYA CLARK
LYNN ANDERSON
DON HOWELL
STEPHANIE MILLER
DAVID SCHUNKE
JOE CUSICK
WAYNE HART
BEV BARKER
WORKING FILE

FROM: CHERI C. COPSEY

DATE: FEBRUARY 1, 2000

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 NO. USWT9926/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 stated 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 December 29, 1999, the Commission granted the Joint Application. Order No. 28242. On January 27, 2000, the parties filed a Stipulation requesting the Commission rescind Order No. 28242.
STAFF RECOMMENDATION
On January 18, 2000, ELI and U S WEST stipulated to settle USW-T-99-16. Apparently, as part of that settlement, the parties agreed to revert to an earlier interconnection agreement. As a result, the parties have requested the Commission rescind its earlier order approving a new interconnection agreement. Under the Telecommunications Act of 1996, the Commission’s authority is limited. Generally, 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. In this case, the parties have negotiated and have decided to continue to operate under the old interconnection agreement.
Therefore, Staff recommends that the Commission rescind its December 29, 1999 Order pursuant to Rule 326, IDAPA 31.01.01.326, and Idaho Code § 61624, on the basis that there are good and sufficient reasons for rescinding the Order.
Commission Decision:
Should the Commission rescind Order No. 28242?

Cheri C. Copsey

Staff: Wayne Hart

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