20130426final_order_no_32797.pdf

Office of thc Secretary
Service Date
April 26,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF FRONTIER COMMUNICATIONS )CASE NO.GTE-T-97-13
NORTHWEST INC.FKA VERIZON )
NORTHWEST INC.FKA GTE NORTHWEST )
INCORPORATED FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
VERIZON WIRELESS PURSUANT TO 47 )
U.S.C.§252(e))
_________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF FRONTIER COMMUNICATIONS )CASE NO.VZN-T-05-02
NORTHWEST INC.FKA VERIZON )
NORTHWEST INC.FKA GTE NORTHWEST )
INCORPORATED FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
VERIZON WIRELESS PURSUANT TO 47 )
U.S.C.§252(e))
__________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CITIZENS TELECOMMUNICATIONS )CASE NO.CTC-T-13-O1
COMPANY OF IDAHO FOR APPROVAL OF )
ITS INTERCONNECTION AGREEMENT )
WITH EDNETICS,INC.PURSUANT TO 47 )ORDER NO.32797
U.S.C.§252(e))
_________________________________________________________________________________
)
In these cases,the Commission is asked to approve amendments to two separate
Interconnection Agreements between Frontier Communications Northwest Inc.fka Verizon
Northwest Inc.fka GTE Northwest Incorporated and Verizon Wireless;and the Interconnection
Agreement between Citizens Telecommunications Company of Idaho and Ednetics,Inc.With
this Order,the Commission approves the amendments and Interconnection Agreement.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996 (“the Act”),
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
ORDER NO.32797 1
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 25 1(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.§51.3.
THE APPLICATIONS
1.Frontier Communications Northwest Inc.and Verizon Wireless,Case No.GTE
T-97-13.On April 4,2013,Frontier submitted an Application for approval of amendments to its
Interconnection Agreement with Verizon’,first approved by the Commission on February 3,
1998.See Order No.27334.In the Application,the parties request that the Commission approve
Amendment No.3 to incorporate new terms and conditions and add intraMTA traffic reciprocal
compensation rates as provided in the USF/ICC Transformation Order.2
2.Frontier Communications Northwest Inc.and Verizon Wireless,Case No.VZN
T-05-02.On April 4,2013,Frontier submitted an Application for approval of amendments to its
Intercoimection Agreement with Verizon,first approved by the Commission on June 16,2005,
1998.See Order No.29805.In the Application,the parties request that the Commission approve
Amendment No.3 to incorporate new terms and conditions and add intraMTA traffic reciprocal
compensation rates as provided in the USF/ICC Transformation Order.3
3.Citizens Telecommunications Company of Idaho and Ednetics.Inc.,Case No.
CTC-T-13-01.On April 8,2013.CTC submitted an Application for approval of its
Interconnection Agreement with Ednetics.The parties request that the Commission approve the
terms and conditions for ancillary services,collocation,unbundled network elements,resale of
local services and pricing.
The original interconnection agreement was with US WEST Newvector Group.Inc.Through a series of mergers,
Verizon is the successor in interest to each of the entities associated with the agreement.
2 FCC 11-161 (released November 1 8,2011)and in FCC 11-189,Order on Reconsideration (released December 23,
2011).
FCC 11-161 (released November 18,2011)and in FCC 11-189,Order on Reconsideration (released December 23,2011).
ORDER NO.32797
STAFF RECOMMENDATION
Staff reviewed the Applications 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 and Interconnection Agreement are 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 amendments and 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).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation çy 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 Applications and the Staffs recommendation,the
Commission finds that the amendments and Interconnection Agreement are consistent with the
public interest,convenience and necessity and do not discriminate.Therefore,the Commission
finds that the amendments and Interconnection Agreement should be approved.Approval of the
Agreements does not negate the responsibility of either party to these Agreements 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 amendments to the Interconnection Agreement
between Frontier Communications Northwest Inc.fia Verizon Northwest Inc.fka GTE
Northwest Incorporated and Verizon Wireless,Case No.GTE-T-97-13,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Frontier Communications Northwest Inc.fka Verizon Northwest Inc.fka GTE
Northwest Incorporated and Verizon Wireless,Case No.VZN-T-05-02,are approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Citizens
Telecommunications Company of Idaho and Ednetics,Inc.,Case No.CTC-T-13-0l.is approved.
ORDER NO.32797 3
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 62-6 19.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of April 2013.
MACK A.R DFORD,MMISSIONER
A4i
MARSHA H.SMITH,COMMISSIONER
ATTEST:
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Cmmission S&retary
O:GTE-l-97-13VZN-T-O5-O2CTC-T-13-O1np
ORDER NO.32797 4