Loading...
HomeMy WebLinkAbout20090511_2561.pdfDECISION MEMORANDUM TO:COMMISSIONER KEMPTON COMMISSIONER SMITH COMMISSIONER REDFORD COMMISSION SECRETARY LEGAL WORKING FILE FROM:CAROLEE HALL DATE:MAY 4, 2009 RE:APPLICATION FOR APPROVAL OF NEGOTIATED AGREEMENT BETWEEN CAMBRIDGE TELEPHONE COMPANY, INc. CAMBRIDGE") AND SPRINT SPECTRUM L.P. AND SPRINTCOM INc., COLLECTIVELY ("SPRINT"). CASE NO. CAM-09-01. BACKGROUND Under the provision of the federal Telecommunications Act of 1996, interconnection agreements must be submitted to the Commission for approval. 47 US.C. ~ 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. ~ 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. ~ 51.3. CURRENT APPLICATION The Agreement between Cambridge and Sprint in Case No. CAM-09-01 was filed April 29, 2009, 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 -MA Y 4, 2009 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.F .R. ~ 51.07 (E). The Pricing Schedule also sets traffic factors that each company has agreed to. ST AFF ANAL YSIS 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? i:udmemos/interconnection agreements/CAM-O9-01 CAMBRIDGE TELEPHONE COMPANY, INC AND SPRINT SPECTRUM L.P. DECISION MEMORANDUM - 2-MAY 4, 2009