uswt9913.wcc.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 ID 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 JOSEPH B. MCNEAL DBA PAGE DATA FOR APPROVAL OF A TYPE 1 PAGING INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e).
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CASE NO. USW-T-99-13

STAFF COMMENTS

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. 28102 and submits the following comments.
On July 9, 1999, in accordance with the Telecommunications Act of 1996, U S WEST Communications, Inc. and Joseph B. McNeal dba Page Data, a paging service provider, submitted a Joint Application for approval of a negotiated Type 1 Paging interconnection agreement in accordance with Section 252(e) of the Federal Telecommunications Act. U S WEST and Page Data stated the Agreement had been reached through voluntary negotiations, and claimed the Agreement is consistent with the public interest, convenience and necessity. They 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, which are essentially the same as those included in other Type 1 paging interconnection agreements submitted by U S WEST and previously approved by this Commission, and 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 this Interconnection Agreement be approved.
DATED at Boise, Idaho, this 17TH day of August 1999.

_______________________________
Cheri C. Copsey
Deputy Attorney General

Technical Staff: Wayne Hart

WH:va:u:comments:uswt9913.wcc

STAFF COMMENTS -1- AUGUST 17, 1999