20080919final_order_no_30642.pdf

Office of the Secretary
Service Date
September 19 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF CITIZENS TELECOMMUNICATIONS
COMPANY OF IDAHO FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
WITH ERNEST COMMUNICATIONS, INc.
PURSUANT TO 47 U.C. ~ 252(e)
ORDER NO. 30642
CASE NO. CTC-08-
In this case the Commission is asked to approve an Interconnection Agreement
between Citizens Telecommunications Company of Idaho and Ernest Communications, Inc.
With this Order, the Commission approves their Interconnection Agreement.
BACKGROUND
Under the provisions ofthe federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
47 US.C. g 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. g 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.F.R. g 51.3.
THE APPLICATION
On August 28, 2008, Citizens submitted an Application for approval of its
Interconnection Agreement with Ernest. The parties request that the Commission approve an
interconnection agreement that includes terms and conditions and pricing for resale of service
within the State of Idaho. Citizens asserts that the parties' agreement was reached through
voluntary negotiations.
ORDER NO. 30642
STAFF RECOMMENDATION
The 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 pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommended that the
Commission approve the foregoing 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.C. g
252(e)(1). The Commission s review is limited, however. 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. Approval of this Agreement does not negate the responsibility of either party to
this Agreements to obtain a Certificate of Public Convenience and Necessity if they are offering
local exchange services or to comply with Idaho Code gg 62-604 and 62-606 if they are
providing other non-basic local telecommunications services as defined by Idaho Code g 62-603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between Citizens
Telecommunications Company ofIdaho and Ernest Communications, Inc., Case No. CTC-08-
, 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 9g 61-
626 and 62-619.
ORDER NO. 30642
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this q.j4.
day of September 2008.
~~~A- ,
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MACK A. REDFORD, P ,SIDENT
~:Ll~
MARSHA H. SMITH, COMMISSIONER
MISSIONER
ATTEST:
~~ell
~tt~i:~ion Secretary
O:CTC-08-
ORDER NO. 30642