20070720Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:JULY 20, 2007
RE:ALBION TELEPHONE COMPANY'S APPROVAL OF NEGOTIATED
AGREEMENT; CASE NO. ALB- T -07-03.
BACKGROUND
Under the provisions ofthe federal Telecommunications Act of 1996 , interconnection
agreements must be submitted to the Commission for approval. 47 u.S.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.S.C. 9252(e)(2)(A).
CURRENT APPLICATION
On July 6 2007, Albion Telephone Company, Inc. submitted an Application for
Approval of Negotiated Agreement with NTCH-Idaho, Inc. d/b/a Clear Talk (Clear Talk). In
this Application, the parties request that the Commission approve an agreement which
establishes the traffic subject to reciprocal compensation between the Commercial Mobile Radio
Service (CMRS) network of Clear Talk and the Local Exchange Carrier (LEC) network of
Albion related to the exchange of Section 251 (b)( 5) traffic for two-way mobile service as defined
in 47 u.S.C. 9 153(27).
DECISION MEMORANDUM - 1 -JULY 20, 2007
STAFF ANALYSIS
Staff has reviewed the Application and does not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that the Application is consistent
with the FCC orders and pro-competitive policies of this Commission, the Idaho Legislature, and
the federal Telecommunications Act. Accordingly, Staff recommends Commission approval of
the Application for Approval of Amendment to the Interconnection Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Application?
ffi- Lu
ace Seaman
os :udmemos/alb-O7 -O3agmt
DECISION MEMORANDUM - 2 -JULY 20, 2007