20070612final_order_no_30343.pdf

Office of the Secretary
Service Date
June 12 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF ALBION TELEPHONE COMPANY, INC.
AND SPRINT SPECTRUM LoP. DBA SPRINT
PCS NEXTEL WEST CORPORATION NPCR,
INc. DBA NEXTEL PARTNERS FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ 252(e).
CASE NO. ALB-07-
ORDER NO. 30343
In this case, the Commission is asked to approve an interconnection agreement
reached through voluntary negotiations. With this Order the Commission approves the
Application.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 U.C. 9
252(e)(1). 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. 9 252(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 "a state commission shall have authority to approve an interconnection
agreement adopted by negotiation even if the terms of the agreement do not comply with the
requirements of (Part 51)." 47 C.R. 951.3.
THE APPLICATION
On May 7, 2007, Albion and Sprint submitted an Application for approval of a
voluntarily negotiated interconnection agreement. The Agreement sets out rates, terms, and
conditions pertaining to Reciprocal Compensation. Reciprocal Compensation is defined in the
Agreement as a compensation arrangement between two carriers in which each of the two
carriers receive compensation from the other for the transport and termination on each carrier
ORDER NO. 30343
network facilities of telecommunications traffic that originates on the network facilities of the
other carrier. See 47 C.R. 951.07(E).
ST AFF RECOMMENDATION
Staff 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 pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommended
Commission approval of the Application.
CO MMISSI ON D ECISI 0 N
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.C. 9252(e)(I). The Commission s review is
limited. The Commission may reject an agreement adopted by negotiation only if it finds that
the agreement discriminates against a telecommunications carrier not a party to the agreement or
implementation of the agreement is not consistent with the public interest, convenience and
necessity. Id. Based upon our review of the Application and the Staffs recommendation, the
Commission finds that the Agreement is consistent with the public interest, convenience and
necessity and does not discriminate. Therefore, the Commission finds that the Application
should be approved. However, approval of this Application does not negate the responsibility of
either of the parties to this Agreement to obtain a Certificate of Public Convenience and
Necessity if they are offering local exchange services or to comply with Idaho Code 99 62-604
and 62-606 if they are providing other non-basic local telecommunications services as defined by
Idaho Code 9 62-603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement of Albion
Telephone Company, Inc. and Sprint Spectrum loP. dba Sprint PCS Nextel West Corporation
NPCR, Inc. dba Nextel Partners, Case No. ALB-07-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-
626.
ORDER NO. 30343
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1;2
day of June 2007.
, PRESIDENTPi\!
MARSHA H. SMITH, COMMISSIONER
C,')
----"",
ATTEST:
E:),~ilJe D. Jewell
. mission Secretary
O:ALB-07-02 dw
ORDER NO. 30343