STATE OF ILLINOIS
ILLINOIS COMMERCE COMMISSION
Illinois Bell Telephone Company :
(Illinois Bell) and PNG Telecommunications,:
Inc. d/b/a Powernet Global Communications :
Joint Petition for Approval :
of 4th Amendment to the : 08-0420
Interconnection Agreement dated :
July 2, 2008, pursuant to 47 U.S.C. §252. :
By the Commission:
I. PROCEDURAL HISTORY
On July 8, 2008, pursuant to 83 Illinois Administrative Code Part 763, Illinois Bell Telephone Company (“Illinois Bell”) and PNG Telecommunications, Inc. d/b/a Powernet Global Communications (“PNG”), filed a joint petition for approval of the Fourth Amendment to the Interconnection Agreement dated July 2, 2008, under Section 252 of the Telecommunications Act of 1996 (47 U.S.C. §§ 151 et seq.) (“the Act”). The Amendment was submitted with the petition. A statement in support of the petition was filed along with verifications sworn to by Eddie A. Reed on behalf of Illinois Bell and by Dennis M. Packer on behalf of PNG stating that the facts contained in the petition are true and correct to the best of their knowledge, information, and belief.
The Administrative Law Judge waived the hearing in this matter.
II. SECTION 252 OF THE TELECOMMUNICATIONS ACT
Section 252(a)(1) of the Act allows parties to enter into negotiated agreements regarding requests for interconnection services or network elements, as well as amendments to those agreements. Illinois Bell and PNG have negotiated such an Amendment to their Agreement and submitted it for approval in this proceeding.
Section 252(e)(1) of the Act provides, in part, that "[a]ny interconnection agreement adopted by negotiation...shall be submitted for approval to the State Commission." This Section further provides that a State Commission to which such an agreement is submitted "shall approve or reject the agreement, with written findings as to any deficiencies." Section 252(e)(2) provides that the State Commission may only reject the negotiated agreement if it finds that "the agreement (or portion thereof) discriminates against a telecommunications carrier not a party to the agreement" or that