28102.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND JOSEPH B. MCNEAL DBA PAGE DATA FOR APPROVAL OF A TYPE 1 PAGING INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
)
)
)
)
)
)
)
) CASE NO. USW-T-99-13

NOTICE OF APPLICATION

NOTICE OF MODIFIED PROCEDURE

ORDER NO. 28102

NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on July 9, 1999, U S WEST Communications, Inc. and Joseph B. McNeal dba Page Data filed filed a Joint Application requesting approval of a Type 1 Paging 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.
YOU ARE FURTHER NOTIFIED that the Joint Application states that the agreement will allow Page Data to connect to U S WEST facilities to exchange traffic, provide access to unbundled network elements, ancillary network services and retail services available for resale.
YOU ARE FURTHER NOTIFIED that Section 252(e)(2) of the Act authorizes a state Commission to 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 Page Data jointly 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 reviewed the filings of record in Case No. USW-T-99-13 and determined that the public interest may not require a hearing to consider the issues presented and that the issues raised by the Joint 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 Joint 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. USWT9913 should be mailed to the Commission and U S WEST and Page Data at the addresses reflected below:

COMMISSION SECRETARY PETER J. BUTLER
IDAHO PUBLIC UTILITIES COMMISSION 1600 7TH AVE., SUITE 3206
PO BOX 83720 SEATTLE, WA 98191
BOISE, IDAHO 83720-0074
Counsel for U S WEST Communications, Inc.
Street Address for Express Mail:
JOSEPH B. MCNEAL
OWNER
472 W WASHINGTON ST JOSEPH B. MCNEAL DBA PAGE DATA
BOISE, IDAHO 83702-5983 PO BOX 15509
BOISE, ID 83715

All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Joint 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 U S WEST Communications, Inc. and Joseph B. McNeal dba Page Data for approval of a Type 1 Paging Interconnection Agreement with U S WEST and Page Data be processed by Modified Procedure, Commission Rules of Procedure 201-204; IDAPA 31.01.01.201-04.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of July 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:uswt9913_.cc

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 28102 -1-

Office of the Secretary
Service Date
July 27, 1999