BEFORE THE PUBLIC SERVICE COMMISSION

OF THE STATE OF MISSOURI

 

 

In the Matter of the Application of Southwestern Bell        )

Telephone Company, d/b/a AT&T Missouri, for                )    File No. IK-2013-0394

Approval of an Interconnection Agreement under the       )

Telecommunications Act of 1996 with 365 Wireless, LLC  )

 

 

ORDER DIRECTING NOTICE, SETTING

INTERVENTION DEADLINE, AND MAKING

365 WIRELESS, INC. A PARTY

 

Issue Date:  February 14, 2013                           Effective Date:  February 14, 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, 365 Wireless, LLC (“365 Wireless”), as a party to this proceeding.

On February 11, 2013, Southwestern Bell Telephone Company, d/b/a AT&T Missouri (“AT&T Missouri”) filed an application with the Commission for approval of a negotiated interconnection agreement with 365 Wireless under the provisions of the federal Telecommunications Act of 1996.  Southwestern Bell Telephone Company, d/b/a AT&T Missouri states that there are no unresolved issues and that the agreement 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 365 Wireless is a party to the agreement, it did not join in the application.  Because 365 Wireless is a necessary party to a full and fair adjudication of this matter, the Commission will add 365 Wireless 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.[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.  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:

1.          The Commission’s Data Center shall send notice to all interexchange and local exchange telecommunications companies.

2.          365 Wireless, LLC 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 March 1, 2013, with:

Shelley Brueggemann, Acting Secretary

Missouri Public Service Commission

Post Office Box 360

Jefferson City, Missouri 65102

 

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
March 18, 2013.

5.          This order shall become effective upon issuance.

 

BY THE COMMISSION

 

 

 

 

Shelley Brueggemann

Acting Secretary

 

( S E A L )

 

Harold Stearley, Deputy Chief Regulatory

Law Judge, by delegation of authority

pursuant to Section 386.240, RSMo 2000.

 

Dated at Jefferson City, Missouri,

on this 14th day of February, 2013.



[1] 47 U.S.C. § 252(e).