Common use of POSITION OF STAFF Clause in Contracts

POSITION OF STAFF. Staff reviewed the Agreement in light of the criteria contained in Section 252(e)(2)(A) of the Act. Under this section, the Commission may only reject an agreement, or any portion thereof, adopted by negotiation under subsection (a) if it finds that (i) the agreement, or a portion thereof, discriminates against a telecommunications carrier not a party to the agreement; or (ii) the implementation of such agreement, or a portion thereof, is not consistent with the public interest, convenience, and necessity. Staff concluded that the Agreement does not discriminate against a telecommunications carrier not a party to the Agreement and that the implementation of the Agreement would be consistent with the public interest, convenience and necessity. The Commission concurs with Staff's position. Concerning the implementation of the Agreement, Staff recommends that the Commission require Ameritech, within five (5) days from the date the Agreement is approved, to modify its tariffs to reference the negotiated Agreement for each service. Staff states that this requirement is consistent with the Commission’s Orders in previous negotiated agreement dockets and allows interested parties access to the Agreement. Staff recommends that such references be contained in the following section of Ameritech's tariffs: Agreements with Telecommunications Carriers (ICC No. 21, Section 19.15). Staff also recommends that the Commission require that Ameritech file a verified statement with the Chief Clerk of the Commission, within five (5) days from the date the Agreement is approved, that the approved Agreement is the same as the Agreement filed in this docket with the verified petition. Staff recommends that the Chief Clerk place the Agreement on the Commission's website under Interconnection Agreements. The Commission Staff’s recommendations regarding implementation of the Agreement are reasonable and should be adopted.

POSITION OF STAFF. Staff reviewed the Agreement Amendment in light of the criteria contained in Section 252(e)(2)(A) of the Act. Under this section, the Commission may only reject an agreement, or any portion thereof, adopted by negotiation under subsection (a) if it finds that (i) the agreement, or a portion thereof, discriminates against a telecommunications carrier not a party to the agreement; or (ii) the implementation of such agreement, or a portion thereof, is not consistent with the public interest, convenience, and necessity. Staff concluded that the Agreement Amendment does not discriminate against a telecommunications carrier not a party to the Agreement Amendment and that the implementation of the Agreement Amendment would be consistent with the public interest, convenience and necessity. The Commission concurs with Staff's position. Staff noted that in the Amendment, the parties agreed to use language from Ameritech's Collocation Tariff which was filed pursuant to Section 251(c)(6) of the Telecommunications Act. Staff indicated that the Collocation Tariff has been suspended and is under investigation by the Commission in Docket 99-0615. Staff indicated that the outcome of the Commission's investigation may impact parts of the Amendment. Staff stated, however, that the parties were aware of this fact and made adequate provisions for such an occurrence in Section 27.2 of the Agreement. In light of these provisions and the parties' knowledge of the pending investigation of Ameritech's collocation tariff in Docket 99-0615, Xx. Xxxxxx recommended that the Amendment be approved. The Commission concurs with Staff's recommendation. Concerning the implementation of the AgreementAmendment, Staff recommends that the Commission require Ameritech, within five (5) days from the date the Agreement Amendment is approved, to modify its tariffs to reference the negotiated Agreement Amendment for each service. Staff states that this requirement is consistent with the Commission’s Orders in previous negotiated agreement dockets and allows interested parties access to the AgreementAmendment. Staff recommends that such references be contained in the following section of Ameritech's ’s tariffs: Agreements with Telecommunications Carriers (ICC No. 21, Section 19.15). Staff also recommends that the Commission require that Ameritech file a verified statement with the Chief Clerk copy of the Commission, approved Amendment within five (5) days from the date the Agreement Amendment is approved, that the approved Agreement is the same as the Agreement filed in this docket with the verified petitionChief Clerk’s Office to be placed in a separate binder. Staff recommends that the Chief Clerk place the Agreement on the Commission's website under Interconnection Agreements. The Commission Staff’s recommendations regarding implementation of the Agreement Amendment are reasonable and should be adopted.

POSITION OF STAFF. Staff reviewed the Agreement amendments in light of the criteria contained in Section 252(e)(2)(A) of the ActTA96. Under this section, the Commission may only reject an agreement, or any portion thereof, adopted by negotiation under subsection (a) if it finds that (i) the agreement, or a portion thereof, discriminates against a telecommunications carrier not a party to the agreement; or (ii) the implementation of such agreement, or a portion thereof, is not consistent with the public interest, convenience, and necessity. Staff concluded that the Agreement does amendments do not discriminate against a telecommunications carrier not a party to the Agreement and that the implementation of the Agreement amendments would be consistent with the public interest, convenience convenience, and necessity. The Commission concurs with Staff's position. Concerning the implementation of the Agreementamendments, Staff recommends that the Commission require AmeritechAmeritech to, within five (5) days from the date the Agreement is amendments are approved, to modify its tariffs to reference the negotiated Agreement amendments for each service. Staff states that this requirement is consistent with the Commission’s Orders orders in previous negotiated agreement dockets and allows interested parties access to the Agreementamendments. Staff recommends that such references be contained included in the following section of Ameritech's ’s tariffs: Agreements with Telecommunications Carriers (ICC No. 21, Section 19.15). ) In addition, Staff also recommends that the Commission require that Ameritech to file a verified statement with the Chief Clerk copy of the Commission, approved amended Agreement within five (5) days from the date the Agreement is approved, that the amendments are approved Agreement is the same as the Agreement filed in this docket with the verified petition. Staff recommends that the Chief Clerk place the Agreement on the Commission's website under Interconnection AgreementsClerk’s Office to be placed in a separate binder. The Commission concludes that Staff’s recommendations regarding implementation of the Agreement amendments are reasonable and should be adopted.

POSITION OF STAFF. Staff reviewed the Agreement Amendment in light of the criteria contained in Section 252(e)(2)(A) of the Act. Under this section, the Commission may only reject an agreement, or any portion thereof, adopted by negotiation under subsection (a) if it finds that (i) the agreement, or a portion thereof, discriminates against a telecommunications carrier not a party to the agreement; or (ii) the implementation of such agreement, or a portion thereof, is not consistent with the public interest, convenience, and necessity. Staff concluded that the Agreement Amendment does not discriminate against a telecommunications carrier not a party to the Agreement Amendment and that the implementation of the Agreement Amendment would be consistent with the public interest, convenience and necessity. The Commission concurs with Staff's position. Concerning the implementation of the AgreementAmendment, Staff recommends that the Commission require Ameritech, within five (5) days from the date the Agreement Amendment is approved, to modify its tariffs to reference the negotiated Agreement Amendment for each service. Staff states that this requirement is consistent with the Commission’s Orders in previous negotiated agreement dockets and allows interested parties access to the AgreementAmendment. Staff recommends that such references be contained in the following section of Ameritech's ’s tariffs: Agreements with Telecommunications Carriers (ICC No. 21, Section 19.15). Staff also recommends that the Commission require that Ameritech file a verified statement the Amendment, as revised by the joint stipulation, with the Chief Clerk of the Commission, within five (5) days from the date the Agreement Amendment is approved, that the approved Agreement is the same as the Agreement filed in this docket with the verified petition. Staff recommends that the Chief Clerk place the Agreement Amendment on the Commission's website under Interconnection Agreements. The Commission Staff’s recommendations regarding implementation of the Agreement Amendment are reasonable and should be adopted.