20130327final_order_no_32770.pdf

Office of the Secretary
Service Date
March 27,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF 1
CITIZENS TELECOMMUNICATIONS COMPANY ) CASE NO. CTC-T-05-03
OF IDAHO FOR APPROVAL OF AMENDMENTS TO )
ITS INTERCONNECTION AGREEMENT WITH 1
CRICKET COMMUNICATIONS, INC., PURSUANT ) ORDER NO. 32770
TO 47 U.S.C. tj 252(e) )
In this case, the Commission is asked to approve amendments to the Interconnection
Agreement between Citizens Telecommunications Company of Idaho ("Frontier") and Cricket
Communications, Inc. ("Cricket"). 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. 5 252(e)(l). 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. 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 APPLICATION
On March 1 5, 20 13, the Commission received Frontier's Application seeking
approval of amendments to its Interconnection Agreement with Cricket. The parties' original
Interconnection Agreement was approved by the Commission on August 29, 2005. See Order
No. 29858. In the Application, the parties request that the Commission approve the
incorporation of terms and conditions set forth in the federal USF/ICC Transformation Order.
See FCC 11-161.
ORDER NO. 32770
STAFF RECOMMENDATION
Staff reviewed the Application for approval of 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 parties' Iilterconnection
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. 5
252(e)(1). 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 Application and 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 $5 62-604 and 62-606 if they are
providing other non-basic local telecommunications services as defined by Idaho Code $ 62-603.
O R D E R
IT IS HEREBY ORDERED that the amendments to the Interconnection Agreement
between Citizens Telecommunications Company of Idaho and Cricket Communications, Inc.,
Case No. CTC-T-05-03, 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. 32770
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code $5 61 -
626 and 62-6 19.
DONE by Order of the Idaho Public Utilities Commission at Boise. Idaho this ~7~
day of March 20 13.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
ORDER NO. 32770