20070601Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JUNE 1,2007
RE:APPLICATION FOR APPROVAL OF NEGOTIATED AGREEMENT
BETWEEN ALBION TELEPHONE COMPANY, INc. ("ALBION") AND
SPRINT SPECTRUM LP. dba SPRINT PCS NEXTEL WEST
CORPORATION NPCR, INc. dba NEXTEL PARTNERS ("SPRINT"
CASE NO. ALB- T -07-
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 C. 9 252(e)(l). The
Commission may reject an agreement adopted by negotiations only ifit 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 US.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 "
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. 9 51.3.
CURRENT APPLICATION
The Agreement between Albion and Sprint in Case No. ALB-07-2 was filed May 7
2007 and states that it was jointly entered into by the parties through voluntary negotiations.
This Agreement sets out rates, terms and conditions pertaining to Reciprocal Compensation.
DECISION MEMORANDUM - 1 -JUNE 1 , 2007
Reciprocal Compensation, as set forth in the Agreement, is defined as a compensation
arrangement between two carriers in which each of the two carriers receives compensation from
the other carrier for the Transport and Termination on each carrier s network facilities of
Telecommunications Traffic that originates on the network facilities of the other carrier.
47 C.R. 9 51.07 (E).
ST AFF 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?
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i:udmemoslinterconnection agreements/ALB-O7-02 ALBION AND SPRINT
DECISION MEMORANDUM - 2 -JUNE 1 , 2007