20100826final_order_no_32055.pdf

Office of the Secretary
Service Date
August 26, 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
TDS TELECOMMUNICATIONS
CORPORATION, AN AGENT FOR POTLATCH
TELEPHONE COMPANY, INc., FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH ALLIED WIRELESS
COMMUNICATIONS CORPORATION
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
CENTURYTEL OF IDAHO, INc. DBA
CENTURYLINK OF IDAHO FOR APPROVAL
OF ITS INTERCONNECTION AGREEMENT
WITH ALLIED WIRELESS
COMMUNICATIONS CORPORATION
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
CENTURYTEL OF THE GEM STATE, INc.
DBA CENTURYLINK OF THE GEM STATE
FOR APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH ALLIED WIRELESS
COMMUNICATIONS CORPORATION
PURSUANT TO 47 U.c. ~ 252(e)
CASE NO. POT-IO-
CASE NO. CEN-IO-
) CASE NO. CGS-IO-
) ORDER NO. 32055
In this case the Commission is asked to approve Interconnection Agreements between
TDS Telecommunications Corporation, an agent for Potlatch Telephone Company, Inc., and
Allied Wireless; CenturyTel of Idaho, Inc. dba CenturyLink of Idaho and Allied Wireless
Communications Corporation; and CenturyTel of the Gem State dba CenturyLink of the Gem
State and Allied Wireless Communications Corporation. With this Order, the Commission
approves the parties' Interconnection Agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
47 US.c. g 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
ORDER NO. 32055
to the agreement; or (2) implementation of the agreement is not consistent with the public
interest, convenience and necessity. 47 US.C. g 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. g 51.3.
THE APPLICATION
1. Potlatch Telephone Company, Inc. and Allied Wireless Communications
Corporation, Case No. POT-IO-O1.On August 4, 2010, Potlatch submitted an Application
seeking Commission approval of its Wireless Traffic Exchange Agreement with Allied Wireless.
The parties ask the Commission to approve the parties' adoption, in its entirety, of the
Interconnection Agreement between Potlatch and U.S. Cellular Corporation, Case No. GNR-
00-21. The Agreement the parties wish to adopt was previously approved by the Commission on
September I , 2000. See Order No. 28500.
2. CenturyTel of Idaho dba CenturyLink of Idaho and Allied Wireless
Communications Corporation, Case No. CEN-IO-02.On August 12 , 2010, CenturyLink-
Idaho and CenturyLink-Gem State filed their Interconnection and Reciprocal Compensation
Agreement with Allied Wireless. Case Nos. CEN-I0-02 and CGS-I0-02 were assigned for
each entity. The Agreement states that Allied will be adopting the Agreement between
CenturyLink (f/k/a CenturyTel of the Gem State, Inc. and CenturyTel ofldaho , Inc.) and Verizon
Wireless that was executed in 2004. The Agreement establishes the rates, terms and conditions
of local interconnection and the exchange of local traffic for the state of Idaho.
3. CenturvTelof the Gem State dba CenturyLink of the Gem State and Allied
Wireless Communications Corporation, Case No. CGS-IO-On August 12, 2010
CenturyLink- Idaho and CenturyLink- Gem State filed their Interconnection and Reciprocal
Compensation Agreement with Allied.Case Nos. CEN-I0-02 and CGS-IO-02 were
assigned for each entity. The Agreement states that Allied will be adopting the Agreement
between CenturyLink (f/k/a CenturyTel of the Gem State, Inc. and CenturyTel of Idaho, Inc.
ORDER NO. 32055
and Verizon Wireless that was executed in 2004. The Agreement establishes the rates, terms and
conditions of local interconnection and the exchange of local traffic for the state of Idaho.
STAFF RECOMMENDATION
Staff reviewed the foregoing Applications and does not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that the
Agreements are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommended that the
Commission approve the Interconnection Agreements.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 US.c. g
252(e)(1). However, 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 Applications and the Staff s recommendations, the
Commission finds that the Agreements are consistent with the public interest, convenience and
necessity and do not discriminate.Therefore, the Commission finds that the Agreements
reviewed by Staff and more fully described above, should be approved.Approval of the
Agreements does not negate the responsibility of either party to these Agreements to obtain a
Certificate of Public Convenience and Necessity if they are offering local exchange services or to
comply with Idaho Code gg 62-604 and 62-606 if they are providing other non-basic local
telecommunications services as defined by Idaho Code g 62-603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between TDS
Telecommunications Corporation, an agent for Potlatch Telephone Company, Inc., and Allied
Wireless Communications Corporation, Case No. POT-I0-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of Idaho, Inc. dba CenturyLink of Idaho and Allied Wireless Communications
Corporation, Case No. CEN- T -10-, is approved.
ORDER NO. 32055
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of the Gem State dba CenturyLink of the Gem State and Allied Wireless
Communications Corporation, Case No. CGS-IO-, 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
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code gg 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this~f0'
day of August 2010.
Q/.. KEM , RESIDENT
MARSHA H. SMITH, COMMISSIONER
. . (.-.-......'\-. '" '--- ~~
MACK A. REDFORD, ~6 SSIONER
ATTEST:
tla (lu,jJ1 J. r
Assistant Commission Secretary
O:POT-I 0-- CEN-I 0-- CGS-IO-
ORDER NO. 32055