Application of MoKan Dial, Inc. for Approval of a )
Traffic
Termination Agreement with T-Mobile ) Case
No. TK-2005-0462
USA Inc. under the Telecommunications Act of 1996 )
Issue Date: July 6, 2005 Effective
Date: July 16, 2005
This order approves the Interconnection Agreement executed by the parties and filed by MoKan Dial, Inc.
On June 1, 2005, MoKan Dial
filed an application with the Commission for approval of what it termed a
traffic termination agreement with T-Mobile USA Inc. The Agreement was filed pursuant to
Section 252(e)(1) of the Telecommunications Act of 1996.[1] MoKan Dial is certificated to provide basic local
exchange service in
Although T-Mobile is a party to the Agreement, it did not join in the application. On June 6, the Commission issued an order making T-Mobile a party and directing that any party wishing to request a hearing do so no later than June 27. No requests for hearing were filed.
The Staff of the Commission filed a memorandum and recommendation on June 29, recommending that the Agreement be approved.
Under Section 252(e) of the Act, any interconnection agreement adopted by negotiation must be submitted to the Commission for approval. The Commission may reject an agreement if it finds that the agreement is discriminatory or that it is not consistent with the public interest, convenience and necessity.
The Staff memorandum recommends that the Agreement be approved and notes that the Agreement meets the limited requirements of the Act in that it is not discriminatory toward nonparties and is not against the public interest. Staff recommends that the Commission direct the parties to submit any further modifications or amendments to the Commission for approval. Staff also recommends that the Commission order the parties to submit a sequentially numbered copy of the Agreement.
The Missouri Public Service Commission, having considered all of the competent and substantial evidence upon the whole record, makes the following findings of fact.
The Commission has
considered the application, the supporting documentation, and Staff's
recommendation. Based upon that review,
the Commission concludes that the Agreement meets the requirements of the Act
in that it does not discriminate against a nonparty carrier and that implementation
of the Agreement is not inconsistent with the public interest, convenience and
necessity. The Commission finds that
approval of the Agreement should be conditioned upon the parties submitting
any modifications or amendments to the Commission for approval pursuant to the
procedure set out below.
The Commission has a duty to review all resale and interconnection agreements, whether arrived at through negotiation or arbitration, as mandated by the Act.[2] In order for the Commission's role of review and approval to be effective, the Commission must also review and approve or recognize modifications to these agreements. The Commission has a further duty to make a copy of every resale and interconnection agreement available for public inspection.[3] This duty is in keeping with the Commission's practice under its own rules of requiring telecommunications companies to keep their rate schedules on file with the Commission.[4]
The parties to each resale or interconnection agreement must maintain a complete and current copy of the agreement, together with all modifications, in the Commission's offices. Any proposed modification must be submitted for Commission approval or recognition, whether the modification arises through negotiation, arbitration, or by means of alternative dispute resolution procedures.
Modifications to an
agreement must be submitted to the Staff for review. When approved or recognized, the modified
pages will be substituted in the agreement, which should contain the number of
the page being replaced in the lower right‑hand corner. Staff will date‑stamp the pages when
they are inserted into the agreement.
The official record of the original agreement and all the modifications
made will be maintained in the Commission's
The Commission does not intend to conduct a full proceeding each time the parties agree to a modification. Where a proposed modification is identical to a provision that has been approved by the Commission in another agreement, the Commission will take notice of the modification once Staff has verified that the provision is an approved provision and has prepared a recommendation. Where a proposed modification is not contained in another approved agreement, Staff will review the modification and its effects and prepare a recommendation advising the Commission whether the modification should be approved. The Commission may approve the modification based on the Staff recommendation. If the Commission chooses not to approve the modification, the Commission will establish a case, give notice to interested parties and permit responses. The Commission may conduct a hearing if it is deemed necessary.
The Missouri Public Service Commission has arrived at the following conclusions of law.
The Commission, under the provisions of Section 252(e)(1) of the federal Telecommunications Act of 1996,[5] is required to review negotiated interconnection agreements. It may only reject a negotiated agreement upon a finding that its implementation would be discriminatory to a nonparty or inconsistent with the public interest, convenience and necessity.[6] Based upon its review of the Agreement between MoKan Dial and T-Mobile and its findings of fact, the Commission concludes that the Agreement is neither discriminatory nor inconsistent with the public interest and should be approved.
The Commission notes that
prior to providing telecommunications services in
IT IS THEREFORE ORDERED:
1. That the Interconnection Agreement between MoKan Dial Telephone Company and T-Mobile USA Inc., filed on June 1, 2005, is approved.
2. That any changes or modifications to this Agreement shall be filed with the Commission pursuant to the procedure outlined in this order.
3. That no later than July 16, 2005, MoKan Dial Telephone Company shall submit a copy of the Agreement to the Staff of the Missouri Public Service Commission, with the pages sequentially numbered. On the same date, MoKan Dial Telephone Company shall file a notice in the official case file advising the Commission that it has complied with this order.
4. That this order shall become effective on July 16, 2005.
BY
THE COMMISSION
Colleen M. Dale
Secretary
( S E A L )
Morris L. Woodruff, Senior Regulatory Law
Judge, by delegation of authority pursuant
to Section 386.240, RSMo 2000.
Dated
at
on this 6th day of July, 2005.