20131220Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:DECEMBER 20,2013
RE:APPLICATION FOR AN INTERCONNECTION AGREEMENT
BETWEEN CITIZENS TELECOMMUNICATIONS COMPANY OF
IDAflO (“FRONTIER”)AND CTC TELECOM,INC.(“CTC”);
CASE NO.CTC-T-13-05.
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)(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.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 51].”
47 C.F.R.§51.3.
CURRENT APPLICATION
On December 18,2013,this Commission received a joint Application from Frontier and
CTC requesting approval to adopt the Interconnection Agreement between Frontier and Ednetics,
DECISION MEMORANDUM -j -DECEMBER 20,2013
Inc.The Frontier —Ednetics,Inc.agreement was approved by this Commission in Case No.
CTC-T-13-0 1.
STAFF ANALYSIS
Staff has reviewed the Agreement and believes it 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 recommends that the Interconnection
Agreement merits this Commission’s approval.
COMMISSION DECISION
Does the Commission agree?
i:udmemos/intereonnecticn agreements/CTC-T-13-05 Frontier and CTC adopting FronLicr—Ednelics,Inc.Agreement
DECISION MEMORANDUM -2 -DECEMBER 20,2013