HomeMy WebLinkAbout28230.mod.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS,
INC. AND PATHNET, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. 252(e). )
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NOTICE OF JOINT
APPLICATION
NOTICE OF MODIFIED
PROCEDURE
ORDER NO. 28230
YOU ARE HEREBY NOTIFIED that on December 7, 1999, U S WEST Communications, Inc. (U S WEST) and Pathnet, Inc. (Pathnet) filed an Application for approval of an Interconnection Agreement. The Agreement provides for the parties to interconnect their facilities, enables Pathnet to resell U S WESTs services and provides Pathnet access to U S WESTs unbundled network elements. This Agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to 47 U.S.C. 252(e), a provision of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the Act).
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement reached through voluntary negotiations only if the Commission finds that
(i) the agreement (or portions thereof) discriminates against a telecommunications carrier not a party to the agreement; or
(ii) the implementation of such agreement or portion is not consistent with the public interest, convenience and necessity.
U S WEST and Pathnet assert that the Agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. USW-T-99-29. The Commission has determined that the public interest may not require a hearing to consider the issues presented and that the issues raised by the Application may be processed under Modified Procedure, i.e., by written submission rather than by hearing. See Commission Rules of Procedure, IDAPA 31.01.01.201-.204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. See IDAPA 31.01.01.203.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission within twenty-one (21) days from the date of this Notice. The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. See IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. USW-T-99-29 should be mailed to the Commission and the Companies at the addresses reflected below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, IDAHO 83702-5983 PETER J. BUTLER
SENIOR ATTORNEY
U S WEST LAW DEPARTMENT
1600 7th AVENUE, SUITE 3206
SEATTLE, WA 98191
MICHAEL LUBIN
GENERAL COUNSEL
PATHNET, INC.
1015 31st STREET NW, SUITE 500
WASHINGTON, DC 20007
All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Application and Agreement together with supporting workpapers, and exhibits have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 and Title 62 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Title 61 or Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq.
O R D E R
IT IS HEREBY ORDERED, upon review of the filings in this case and the determination of the Commission, that the Joint Application of Pathnet, Inc. and U S WEST for approval of their interconnection agreement be processed by Modified Procedure, Commission Rules of Procedure 201-204; IDAPA 31.01.01.201-204.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of December 1999.
DENNIS S. HANSEN, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
PAUL KJELLANDER, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
vld/O:USW-T-99-29_ws
NOTICE OF JOINT APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28230 1
Office of the Secretary
Service Date
December 21, 1999