20110831final_order_no_32341.pdf

Office of the Secretary
Service Date
August 31.2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
CITIZENS TELECOMMUNICATIONS )CASE NO.CTC-T-11-O1
COMPANY OF IDAHO FOR APPROVAL OF )
AN INTERCONNECTION AGREEMENT )
WITH ELTOPIA COMMUNICATIONS,LLC )ORDER NO.32341
PURSUANT TO 47 U.S.C.§252(e))
___________________________________________________________________________________________
)
In this case,the Commission is asked to approve an Interconnection Agreement
between Citizens Telecommunications Company of Idaho and Eltopia Communications,LLC.
With this Order,the Commission approves the 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.§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 U.S.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 511.”47 C.F.R.§51.3.
THE APPLICATION
On August 16,2011,the Commission received an Application from Citizens
Telecommunications Company of Idaho requesting approval of its Interconnection Agreement
with Eltopia Communications,LLC.The Agreement includes terms and conditions,ancillary
services,collocation,local number portability,and pricing for the resale of local services within
the State of Idaho.
ORDER NO.32341 1
STAFF RECOMMENDATION
Staff 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 parties’
Interconnection 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 Interconnection 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.§
252(e)(l).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation piy 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 Staff’s recommendation,the
Commission finds that the parties’Interconnection 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 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 §sS 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 Interconnection Agreement between Citizens
Telecommunications Company of Idaho and Eltopia Communications,LLC,Case No.CTC-T
11-01,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 §§61-
626 and 62-619.
ORDER NO.32341 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /
day of August 2011.
ATTEST:
MACK A.REDFORD,COMMISSIONER
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MARSHA H.SMITH,COMMISSIONER
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Cmmission Secretary
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PAUL
ORDER NO.32341 3