20130712Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JULY 12,2013
RE:APPLICATION FOR AN INTERCONNECTION AGREEMENT
BETWEEN CITIZENS TELECOMMUNICATIONS COMPANY OF
IDAHO (“CITIZENS”)AND METROPOLITAN
TELECOMMUNICATIONS OF IDAHO,INC.DIBIA MET TEL
(“METTEL”);CASE NO.CTC-T-13-02.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996,interconnection
agreements 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:
(I)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
Order No.22427 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.
CURRENT APPLICATION
On July 9,2013,this Commission received an Application from Citizens requesting
approval of its Interconnection Agreement with Metropolitan Telecommunications of Idaho,Inc.
DECISION MEMORANDUM -1 -JULY 12,2013
d/b/a MetTel.See Case No.CTC-T-13-02.This Agreement sets out rates,terms and conditions
for interconnection between the companies.
STAFF ANALYSIS
Staff has reviewed the Application for the Interconnection Agreement between the
parties.Staff believes that the Interconnection Agreement is consistent with the pro-competitive
policies of this Commission,the Idaho Legislature,and Sections 251 of the federal
Telecommunications Act of 1996.Accordingly,Staff believes that the Interconnection
Agreement merits this Commission’s approval.
COMMISSION DECISION
Does the Commission agree?
ca39lóHaIl L
iudrncmos/intcrconncclion igrcemcncs/Cilizcns Iclecommunications Company of Idaho and Metropolitan Telecommunicalions of Idaho,
(Metlel)CFC-T-13-02,
DECISION MEMORANDUM JULY 12,2013