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HomeMy WebLinkAbout20070102_1779.pdf, ,." .. DECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY LEGAL WORKING FILE FROM:CAROLEE HALL DATE:DECEMBER 28, 2006 RE:APPLICATION FOR APPROVAL OF NEGOTIATED AGREEMENT BETWEEN FREMONT TELCOM ("FREMONT") AND CONTACT COMMUNICATIONS, INC. ("CONTACT" ). CASE NO. FRE-06- BACKGROUND Under the provision of the federal Telecommunications Act of 1996, interconnection agreements must be submitted to the Commission for approval. 47 U.C. 9252(e)(l). The Commission may reject an agreement adopted by negotiations only if it finds that the agreement: (1) discriminates against a telecommunications carrier not a party to the agreement; or (2) implementation of the agreement is not consistent with the public interest, convenience and necessity. 47 U.C. 9252(e)(2)(A). As the Commission noted in Order No. 28427, companies voluntarily entering into interconnection agreements "may negotiate terms, prices and conditions that do not comply with either the FCC rules or with the provision of Section 251 (b) or (c). Order No. 28427 at 11 (emphasis in original). This comports with the FCC's statement that " state commission shall have authority to approve an interconnection agreement adopted by negotiation even if the terms ofthe agreement do not comply with the requirements of (Part 51)." 47 C.R. 951.3. CURRENT APPLI CA TI 0 This Agreement between Fremont Telcom and Contact Communications, Inc. in Case No. FRE- T -06-1 was filed December 18, 2006 and states that it was jointly entered into by the parties and, with the Commission s approval, will enable the parties to provide their respective customers with increased local telecommunications service choices. This Agreement DECISION MEMORANDUM - 1 -DECEMBER 28, 2006 sets out terms and conditions pertaining to the exchange of EAS traffic and a Bill and Keep arrangement between the parties. The Agreement also sets out a provision that if Contact desires to provide Local Exchange Service within Fremont's ILEC serving territory pursuant to Sections 251 or 252 of the Act, an additional agreement will be required" STAFF ANALYSIS Staff has reviewed the Application and does not find any terms or conditions that it considers to be discriminatory or contrary to the public interest. Staff believes that the Agreement is consistent with the public interest as identified in the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff believes that the Agreement merits the Commission s approval. COMMISSION DECISION Does the Commission wish to accept and approve this Interconnection Agreement? i:udmemoslinterconnection agreements/FRE-O6-01 Fremont and Contact DECISION MEMORANDUM - 2 -DECEMBER 28, 2006