20060526final_order_no_30050.pdf

Office ofthe Secretary
Service Date
May 26, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF CITIZENS TELECOMMUNICATIONS
COMPANY OF IDAHO FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
FOR THE STATE OF IDAHO PURSUANT
TO 47 U.C. ~252(e)
ORDER NO. 30050
CASE NO. CTC- T -06-
In this case the Commission is asked to approve a newly negotiated Interconnection
Agreement. With this Order the Commission approves the Agreement.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 U.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 US.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 "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. ~ 51.3.
THE CURRENT APPLICATION
Citizens Telecommunications Company of Idaho ("CTC-Idaho ) and T-Mobile, USA
Inc. ("Mobile ) filed Case No. CTC-06-2 on May 12 2006. The Application states that the
parties have mutually agreed, through voluntary negotiations, to interconnect their networks
thereby providing customers with increased choices among local telecommunications services.
The Agreement sets forth the terms, conditions and pricing under which CTC-Idaho will offer
and provide to T-Mobile interconnection facilities for the purpose of delivering
telecommunications services to customers.
ORDER NO. 30050
STAFF RECOMMENDATION
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
Application is consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommended
Commission approval of the Agreement between CTC-Idaho and T-Mobile.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. ~ 252(e)(I). 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 Application and the Staffs recommendation, the
Commission finds that the Agreement is consistent with the public interest, convenience and
necessity and does not discriminate. Therefore, the Commission finds that the Agreement should
be approved. However, approval of this Agreement does not negate the responsibility of either
of the parties to this 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 Application of Citizens Telecommunications
Company of Idaho for approval of the Interconnection Agreement entered into with T -Mobile
USA, Inc., Case No. CTC-06-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ 61-
626.
ORDER NO. 30050
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;2.&.r1..
day of May 2006.
ENT
J~,
ARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSEN, COMMISSIONER
ATTEST:
D. Jewell
mission Secretary
O:CTC-06-
ORDER NO. 30050