20050829final order no 29858.pdf

Office of the Secretary
Service Date
August 29,2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF CITIZENS TELECOMMUNICATIONS
COMPANY OF IDAHO AND CRICKET
COMMUNICATIONS, INC. FOR APPROVAL
OF AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. 5 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND US
CELLULAR FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. 5 252(e)
) CASE NO. CTC-T-05-3
)
1
)
)
) CASE NO. QWE-T-02-4
)
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION FOR ) CASE NO. QWE-T-05-16
APPROVAL OF AN INTERCONNECTION )
AGREEMENT WITH TETON
COMMUNICATIONS PURSUANT TO 47
U.S.C. 5 252(i)
)
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION FOR ) CASE NO. QWE-T-05-14
APPROVAL OF AN INTERCONNECTION )
AGREEMENT WITH ERNEST
COMMUNICATIONS, INC. PURSUANT TO ) ORDER NO. 29858
47 U.S.C. 5 252(e) 1
In these cases the Commission is asked to approve new interconnection agreements
and an amendment to an existing and previously approved agreement. With this Order the
Commission approves the agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996,
interconnection agreements must be submitted to the Commission for approval. 47 U.S.C. 5
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
ORDER NO. 29858 1
agreement; or (2) implementation of the agreement is not consistent with the public interest,
convenience and necessity. 47 U.S.C. 5 252(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 5 11 ." 47 C.F.R. 5 5 1.3.
THE CURRENT APPLICATIONS
1. Citizens Telecommunications Company of Idaho ('Frontier) and Cricket
Communications, Inc., (Case No. CTC-T-05-3). This agreement was reached through voluntary
negotiations, and sets forth the terms, conditions, and pricing under which Frontier will offer and
provide to Cricket interconnection facilities for the purpose of delivering telecommunications
services to customers.
2. Owest Corporation and United States Cellular Corporation, (Case No. OWE-T-
02-4). This is an amendment to the parties previously approved Interconnection Agreement.
This amendment is made to simply reflect the appropriate legal entity by replacing "United
States Cellular Mobile Telephone Network" with the name United States Cellular Corporation"
throughout the agreement and subsequent amendments.
3. Qwest Corporation and Teton Communications, (Case No. OWE-T-05-16). This
filing seeks approval pursuant to 47 U.S.C. 3 252(i) of an interconnection agreement for Type I
and Type I1 paging.
4. Owest Cornoration and Ernest Communications, Inc., (Case No. OWE-T-05-14).
This agreement was reached through voluntary negotiations, and sets forth the terms, conditions,
and pricing under which the parties have agreed to interconnect. It is based upon the Qwest
Fourteen State Template, Triennial Review Remand Order (TRRO) Template, and the Idaho
Statement of Generally Available Terms (SGAT).
STAFF RECOMMENDATION
The Staff has reviewed the Applications and does not find any terms or conditions to
be discriminatory or contrary to the public interest. Staff believes that these agreements are
consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the
ORDER NO. 29858 2
federal Telecommunications Act. Accordingly, Staff recommends Commission approval of the
amendments.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.S.C. 5 252(e)(l). The Commission's review is
limited, however. The Commission may reject an agreement adopted by negotiation & 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 Staffs
recommendation, 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 should be approved. However, approval of these agreements does not negate
the responsibility of either of the parties 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 $9 62-604 and 62-606 if they are providing other non-basic local telecommunications
services as defined by Idaho Code 5 62-603.
O R D E R
IT IS HEREBY ORDERED that the interconnection agreement of Citizens
Telecommunications Company of Idaho (Frontier) and Cricket Communications, Inc., Case No.
CTC-T-05-3, is approved.
IT IS FURTHER ORDERED that the amended interconnection agreement of Qwest
Corporation and United States Cellular Corporation, Case No. QWE-T-02-4, is approved.
IT IS FURTHER ORDERED that the interconnection agreement of Qwest
Corporation and Teton Communications, Case No. QWE-T-05-16, is approved.
IT IS FURTHER ORDERED that the interconnection agreement of Qwest
Corporation and Ernest Communications, Inc., Case No. QWE-T-05-14, 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 $5 61-
626 and 62-619.
ORDER NO. 29858 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 2 y4
day of August 2005.
.
H. SMITH, COMMISSIONER
ATTEST:
W cokission Secretary
ORDER NO. 29858