20101210Decision Memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KEMPTON
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER RED FORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:DECEMBER 8, 2010
RE:APPLICATION FOR APPROVAL TO AMEND THE INTER-
CONNECTION AND TRAFFIC INTERCHANGE AGREEMENT
BETWEEN CITIZENS TELECOMMUNICATIONS COMPANY
OF IDAHO ("FRONTIER") AND VERIZON WIRELESS ET AL.
VERIZON"); CASE NO. CTC-07-05.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.c. ~ 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.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
Frontier and Verizon filed an Application to amend the Interconnection Agreement
between the two companies in Case No. CTC-07-05. The original Agreement was entered into
DECISION MEMORANDUM - 1 -DECEMBER8 2010
on October 9, 2007. The Application states that the parties have mutually agreed to the terms
and conditions for cellular and other two-way mobile radio traffic interchange for cellular and
other two-way mobile radio services.
STAFF ANALYSIS
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/CTC-O7-05 Frontier and Verizon Wireless dec memo
DECISION MEMORANDUM - 2 -DECEMBER 8, 2010