20200429Final_Order_No_34652.pdf

ORDER NO. 34652 1
Office of the Secretary
Service Date
April 29, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF CITIZENS TELECOMMUNICATIONS
COMPANY OF IDAHO FOR APPROVAL OF
A RESALE AGREEMENT WITH BULLSEYE
TELECOM, INC. PURSUANT TO § 47 U.S.C.
252(e)
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CASE NO. CTC-T-20-01

ORDER NO. 34652

On March 20, 2020, Citizens Telecommunications Company of Idaho (“Frontier”)
applied for an order approving a resale interconnection agreement (“Agreement”) with BullsEye
Telecom, Inc. (“BullsEye”). With this Order, the Commission approves the Agreement.
BACKGROUND
The federal Telecommunications Act of 1996 (“Act”) permits incumbent local
exchange carriers to voluntarily negotiate with a requesting telecommunications carrier for
interconnection, services, or network support. 47 U.S.C. § 252(a)(1). Under the Act,
interconnection agreements, including any amendments to them, must be submitted to the
Commission for approval. 47 U.S.C. § 252(e)(1). The Commission may reject voluntarily
negotiated agreement only if it finds that: (1) the agreement discriminates against a
telecommunications carrier not a party to the agreement; or (2) implementing the agreement is
inconsistent 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 provisions of Section 251(b) or (c).” Order No. 28427 at 11 (emphasis in original).
This comports with the FCC’s rule 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 APPLICATION
In this Application, Frontier asks the Commission to approve an Agreement with
Bullseye. The Agreement establishes terms for BullsEye’s wholesale purchase of
telecommunications services from Frontier for resale, which is limited to “retail services made
available to [e]nd [u]sers and uses conforming to the class of service restrictions in Frontier's Local
ORDER NO. 34652 2
Exchange Service Tariff and pursuant to all rules and regulations related to the provision of local
exchange services promulgated by [the] Commission.”
STAFF RECOMMENDATION
Staff reviewed the Application and believes the Agreement is not discriminatory or
contrary to the public interest. Staff also believes the Agreement is consistent with the pro-
competitive policies of this Commission, Title 62 of the Idaho Code, and Act. Accordingly, Staff
recommended that the Commission approve the Agreement.
COMMISSION DECISION
Under the federal Telecommunications Act, resale interconnection agreements must be
submitted to the Commission for approval. 47 U.S.C. § 252(e)(1). The Commission’s review is
limited. The Commission may reject an agreement adopted by negotiation only if it finds that the
agreement would discriminate against nonparty telecommunications carriers or that implementing
it would be inconsistent with the public interest, convenience and necessity. Id.
Based upon our review of the Application and the Staff’s recommendation, the
Commission finds the Agreement does not discriminate against nonparty telecommunications
carriers, and that implementing it would be consistent with the public interest, convenience and
necessity. Therefore, the Commission finds it reasonable to grant the Application and approve the
Agreement. Our approval of the Agreement does not negate either party’s responsibility to obtain
a Certificate of Public Convenience and Necessity if they offer local exchange services, or to
comply with Idaho Code §§ 62-604 and 62-606 if they provide other non-basic local
telecommunications services as defined by Idaho Code § 62-603.
O R D E R
IT IS HEREBY ORDERED that the Application is granted, and the Agreement is
approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in 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. 34652 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 29th
day of April 2020.

__________________________________________
PAUL KJELLANDER, PRESIDENT

__________________________________________
KRISTINE RAPER, COMMISSIONER

__________________________________________
ERIC ANDERSON, COMMISSIONER

ATTEST:

_________________________________
Diane M. Hanian
Commission Secretary

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