In the Matter of the ICC Bill and Keep Amendment )
to the Commercial Radio Services Interconnection )
Agreement Between Ameritech Mobile )
Communications, Inc. on Behalf of Cybertel Cellular ) File No. TK-2013-0358
Telephone Company and Cybertel RSA Cellular L.P., )
d/b/a Ameritech Cellular Services and Embarq Missouri, )
Inc. d/b/a CenturyLink Pursuant to Sections 251 and )
252 of the Telecommunications Act of 1996 )
Issue Date: January 23, 2013 Effective Date: January 23, 2013
Syllabus: This order provides notice of this application to interested parties, establishes a deadline for intervention and for requesting a hearing, and joins the other party to the interconnection agreement, New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility (“AT&T Mobility”), as a party to this proceeding.
On January 18, 2013, Embarq Missouri, Inc., d/b/a CenturyLink (“CenturyLink”) filed an amendment with the Commission for approval of a Commercial Radio Services interconnection agreement with AT&T Mobility under the provisions of the federal Telecommunications Act of 1996. Embarq Missouri, Inc., d/b/a CenturyLink states that there are no unresolved issues and that the amendment complies with Section 252(e) of the Act in that it is consistent with public interest, convenience and necessity, and not discriminatory to nonparty carriers.
Although AT&T Mobility is a party to the agreement, it did not join in the application. Because AT&T Mobility is a necessary party to a full and fair adjudication of this matter, the Commission will add AT&T Mobility 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. 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. The Commission finds that proper persons shall be allowed 15 days from the issuance of this order to file a motion for hearing. The Commission also finds that notice of this application shall be sent to all interexchange and local exchange telecommunications companies.
THE COMMISSION ORDERS THAT:
2. New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility is made a party to this case.
3. Any party wishing to intervene or request a hearing shall do so by filing a pleading no later than February 7, 2013, with:
Shelley Brueggemann, Acting Secretary
Missouri Public Service Commission
Post Office Box 360
Or by using the Commission’s electronic filing and information service.
4. The Staff of the Commission shall file a recommendation advising either approval or rejection of this agreement and giving the reasons therefor no later than February 22, 2013.
5. This order shall become effective upon issuance.
BY THE COMMISSION
( S E A L )
Harold Stearley, Deputy Chief Regulatory
Law Judge, by delegation of authority
pursuant to Section 386.240, RSMo 2000.
on this 23rd day of January, 2013.
 47 U.S.C. § 252(e).