Agenda Date:  April 28. 1999    
Item Number:

Docket:  UT-990582
    
Company Name: Telecommunications Companies-General
   Rulemaking for the Provisioning of Collocation Facilities

Staff:    Rebecca Beaton, Regulatory Consultant
   Glenn Blackmon, Assistant Director-Telecommunications
    David Griffith, Telecommunications Engineer
   Bob Wallis, Review Judge   
 
Recommendation:

Direct the Secretary to file the Preproposal Statement of Inquiry (CR -101) 
with the code reviser in Docket UT-990582 on the subject of provisioning of 
collocation facilities.

Discussion:
On April 14, 1999, the Commission Staff opened Docket UT-990582 to propose a 
rulemaking on collocation issues.  ACI Corp., a facilities-based competitive 
local exchange company, filed a petition on March 23, 1999, with the Commission 
in Docket UT-990469 to establish rules for the provisioning of collocation 
facilities.  Commission Staff believes the establishment of standards and 
procedures for collocation is significant for competition to take place and are 
good reasons for a rulemaking on this topic.  The ACI Corp., petition raises 
issues that should be addressed if the Commission is to ensure access to 
collocation space as required by law.  The specific language proposed by ACI 
Corp., needs further work before being filed as a proposed rule (CR-102), as 
explained in the Staff memo regarding UT-990469.  

Therefore, Staff proposes the Commission open a rule process on the subject of 
collocation issues.  Carriers need to be able to place equipment in the central 
offices of incumbent local exchange companies at rates, terms and conditions 
that are nondiscriminatory.  The subject is both timely and important as the 
FCC recently entered an order (FCC 99-48) relevant to collocation issues and 
modified the federal rule providing for interconnection.  The Commission has 
addressed collocation in the Commission’s Final Order in Docket UT-960323, et 
al in September 1998.  The Commission needs to establish criteria which is 
consistent with federal rules and at the same time incorporate prior Commission 
decisions for all carriers. It is expected that there will be a broad spectrum 
of interested parties participating in this rule process and participation will 
be extensive.  Staff would recommend study of the issues on collocation and 
believes there is a good basis for rulemaking.

Conclusion:  
Staff recommends that the Commission direct that a rulemaking process be 
convened on this topic and that it order the Commission Secretary to file a 
Preproposal Statement of Inquiry (CR-101) to that effect with the code reviser.