20130206final_order_no_32736.pdf

Office of the Secretary
Service Date
February 6,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )CITIZENS TELECOMMUNICATIONS )CASE NO.CTC-T-04-02COMPANYOFIDAHODBAFRONTIER)COMMUNICATIONS TO AMEND ITS )INTERCONNECTION AGREEMENT WITH )ORDER NO.32736UNITEDSTATESCELLULARCORPORATION,)PURSUANT TO 47 U.S.C.§252(e))
In this case,the Commission is asked to approve the Application of Citizens
Telecommunications Company of Idaho dha Frontier Communications (“Frontier”)to amend its
Interconnection Agreement with United States Cellular Corporation (“US Cellular”).With this
Order,the Commission approves the amendments to the parties’Interconnection Agreement.
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 U.S.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.S.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 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.F.R.§51.3.
THE APPLICATION
On January 15,2013,the Commission received Frontier’s Application seeking
approval of amendments to its Interconnection Agreement with US Cellular,originally approved
by the Commission on December 20,2004.See Order No.29664.In the Application,the parties
request that the Commission allow them to incorporate additional terms and conditions as well as
ORDER NO.32736 1
adopt the reciprocal compensation rates set forth in the Federal Communications Commission’s
USF/ICC Transformation Order,FCC 11-161.
STAFF RECOMMENDATION
Staff reviewed the Application for approval of the amendments to the parties’
Interconnection Agreement and does not find any terms or conditions that it considers to be
discriminatory or contrary to the public interest.Staff believes that the amendments to the
Interconnection Agreement are consistent with the pro-competitive policies of this Commission,
the Idaho Legislature,and the federal Telecommunications Act of 1996.Accordingly,Staff
recommended that the Commission approve the amendments to the Interconnection Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act,interconnection agreements,
including amendments thereto,must be submitted to the Commission for approval.47 U.S.C.§
252(e)(1).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation çy 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 Staffs recommendation,the
Commission finds that the amendments to the parties’Interconnection Agreement are consistent
with the public interest,convenience and necessity and do not discriminate.Therefore,the
Commission finds that the Agreement,including amendments thereto,should be approved.
Approval of an interconnection agreement does not negate the responsibility of either party to an
agreement to obtain a Certificate of Public Convenience and Necessity 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 amendments to the Interconnection Agreement
between Citizens Telecommunications Company of Idaho dba Frontier Communications and
United States Cellular Corporation,Case No.CTC-T-04-02,are 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.32736 2
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §61-
626 and 62-619.
DONE by Order of the Idaho Public Ltilities Commission at Boise,Idaho this day
of February 2013.
PAUL KJ A 1)COMMISSIONER
ATTEST:
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JiD.Jewell (J
Co’Mmission Secretary
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MACK A.REDFORD,COMMISSIONER
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MARSHA H.SMITH.COMMISSIONER
ORDER NO.32736 3