In the Matter of the Application of GTE Midwest )
Incorporated, d/b/a Verizon Midwest, for Approval of )
a Comprehensive
Interconnection Agreement with ) Case No. TO-2002-135
Charter Fiberlink – Missouri, LLC, Pursuant to )
Section 252(e) of the Telecommunications Act of )
1996. )
On September 5, 2001, GTE Midwest Incorporated, d/b/a Verizon Midwest (Verizon), filed an application with the Commission for approval of an interconnection agreement with Charter Fiberlink - Missouri, LLC, under the provisions of the federal Telecommunications Act of 1996. Verizon states that there are no unresolved issues and that the agreement complies with Section 252(e) of the Act in that it is not discriminatory to nonparty carriers and is consistent with the public interest. Verizon requests expeditious approval of the agreement.
Although Charter Fiberlink is a party to the agreement, it did not join in the application. Because Charter Fiberlink is a necessary party to a full and fair adjudication of this matter, the Commission will add it as a party to this case.
The Act provides that an interconnection or resale agreement must be approved unless the state commission finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement is not consistent with the public interest, convenience, and necessity. 47 U.S.C. § 252(e).
The Commission finds that proper persons should be allowed 20 days from the issuance of this order to file a motion for hearing. The requirement of a hearing is met when an opportunity to be heard has been provided and no proper party has requested the opportunity to present evidence.[1]
Section 252(e)(4) of the Act provides that if the Commission has not approved an agreement within 90 days after submission, the agreement shall be deemed approved. Therefore, the Commission will proceed with this case expeditiously and, if there are no requests for a hearing, relief may be granted based on the petition. The Commission finds that notice of this application should be sent to all interexchange and local exchange telecommunications companies.
IT IS THEREFORE ORDERED:
1. That the Data Center of the Commission shall send notice to all interexchange and local exchange telecommunications companies.
2. That Charter Fiberlink - Missouri, LLC, is made a party to this case.
3. That any party wishing to request a hearing shall do so by filing a pleading no later than October 4, 2001, with:
Dale Hardy Roberts, Secretary
Missouri Public Service Commission
Post Office Box 360
Jefferson City, Missouri 65102
and send copies to:
Thomas R. Parker, Esq.
GTE Midwest Incorporated
d/b/a Verizon Midwest
601 Monroe Street, Suite 304
Jefferson City, Missouri 65101-3202
Jerold C. Lambert, Esq.
Vice President and Senior Counsel
Charter Fiberlink – Missouri, LLC
12405 Powerscourt Drive, Suite 400
St. Louis, Missouri 63131-3674
and:
Office of the Public Counsel
Post Office Box 7800
Jefferson City, Missouri 65102
4. That the Staff of the Commission shall file a memorandum advising either approval or rejection of this agreement and giving the reasons therefor no later than October 14, 2001.
5. That this order shall become effective on September 24, 2001.
( S E A L )
Nancy Dippell, Senior Regulatory
Law Judge, by delegation of authority
pursuant to Section 386.240, RSMo 2000.
Dated at Jefferson City, Missouri,
on this 14th day of September, 2001.
[1] State ex rel. Rex Deffenderfer Enterprises, Inc. v. Public Service Commission, 776 S.W.2D 494, 496 (Mo. App. 1989).