In the Matter of the Application of Southwestern )
Bell Telephone Company, d/b/a AT&T Missouri, ) File No. IK-2013-0490
For Approval of an Amendment to an Interconnection )
Agreement Under the Telecommunications Act of 1996 )
Issue Date: May 7, 2013 Effective Date: May 7, 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, Windstream KDL, Inc. (f/k/a Kentucky Data Link, Inc.) (“Windstream”), as a party to this proceeding.
On May 6, 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 Windstream 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 Windstream is a party to the agreement, it did not join in the application. Because Windstream is a necessary party to a full and fair adjudication of this matter, the Commission will add Windstream 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. Windstream KDL, Inc. (f/k/a Kentucky Data Link, Inc.) 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 May 22, 2013, with:
Morris L. Woodruff, 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 June 7, 2013.
5. This order shall become effective upon issuance.
BY THE COMMISSION
Morris L. Woodruff
Morris L. Woodruff, Chief Regulatory
Law Judge, by delegation of authority
pursuant to Section 386.240, RSMo 2000.
on this 7th day of May, 2013.
 47 U.S.C. § 252(e).