20080211final_order_no_30501.pdf

Office ofthe Secretary
Service Date
February 11 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF ALL TEL COMMUNICATIONS LLC FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT WITH PROJECT MUTUAL
TELEPHONE COOPERATIVE
ASSOCIATION, INe. PURSUANT TO 47
e. ~ 252(e)
CASE NO. ATO-08-
ORDER NO. 30501
In this case the Commission is asked to approve an Interconnection Agreement
between ALL TEL Communications LLC ("ALL TEL") and Project Mutual Telephone
Cooperative Association, Inc. ("PMT"). With this Order, the Commission approves their
Interconnection Agreement.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements, including amendments thereto, must be submitted to the
Commission for approval. 47 U.c. ~ 252(e)(I). 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. ~ 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
(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
ofthe agreement do not comply with the requirements of (Part 51)." 47 C.R. ~ 51.3.
THE APPLICATION
On January 22, 2008, ALL TEL submitted an Application seeking Commission
approval of its Interconnection and Reciprocal Compensation Agreement with PMT. In its
filing, ALL TEL explains that it is an authorized wireless service provider in the State of Idaho
and that PMT is an incumbent local exchange carrier. The parties ' Agreement includes terms
ORDER NO. 30501
and conditions for the interconnection and exchange of traffic between their respective land and
mobile networks.
STAFF RECOMMENDATION
The 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
proposed Agreement is consistent with the pro-competitive policies of this Commission, Title 62
of the Idaho Code, and the federal Telecommunications Act. Accordingly, Staff recommends
that the Commission approve ALLTEL's Application for approval of its Interconnection and
Reciprocal Compensation Agreement with PMT.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 V.C. ~
252(e)(l). The Commission s review is limited, however. 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 Staff s recommendation, the
Commission finds that the proposed Interconnection and Reciprocal Compensation Agreement is
consistent with the public interest, convenience and necessity and does not discriminate.
Therefore, the Commission finds that the Agreement should be approved. 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 (pursuant to Commission Order No. 26665) if
they are offering local exchange services or to comply with Idaho Code ~~ 62-604 and 62-606 if
they are providing other non-basic local telecommunications services as defined by Idaho Code
~ 62-603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between ALL TEL
Communications LLC and Project Mutual Telephone Cooperative Association, Inc. is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order. Within seven (7) days after any person has petitioned for
ORDER NO. 30501
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~~ 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
/ /
;.-J...
day of February 2008.
MACK A. REDFORD
- -
MARSHA H. SMITH, COMMISSIONER
~COMMISSIONER
ATTEST:
~!j
Je D. Jewell
Commission Secretary
O:ATO-08-
ORDER NO. 30501