20200519Final_Order_No_34673.pdf

ORDER NO. 34673 1
Office of the Secretary
Service Date
May 19, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF CITIZENS
TELECOMMUNICATIONS COMPANY OF
IDAHO’S APPLICATION FOR APPROVAL
OF AN AMENDMENT TO A RESALE
AGREEMENT WITH BULLSEYE
TELECOM, INC.
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CASE NO. CTC-T-20-02

ORDER NO. 34673

On April 29, 2020, Citizens Telecommunications Company of Idaho (“Frontier”)
applied for Commission approval of an amendment (“Amendment”) to a resale interconnection
agreement (“Agreement”) with BullsEye Telecom, Inc. (“BullsEye”). The Amendment responds
to several recent Federal Communications Commission (“FCC”) orders modifying unbundled
network element (“UNE”) requirements for incumbent local exchange carriers. With this Order,
the Commission approves the Amendment.
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 the Amendment to the
Agreement with BullsEye. The Commission approved the Agreement on April 29, 2020. Order
ORDER NO. 34673 2
No. 34652. The Amendment is intended to conform the Agreement with several recent FCC orders
modifying UNE requirements for incumbent local exchange carriers. Specifically, Frontier will no
longer provide BullsEye any new telecommunication service for resale at a wholesale discount.
Additionally, Frontier will no longer provide to BullsEye “unbundled two-wire and four-wire
analog voice grade copper loops, including attached [time division multiplex] equipment….”
Application, Amendment at 2.
STAFF RECOMMENDATION
Commission Staff reviewed the Application and believes the Amendment is not
discriminatory or contrary to the public interest. Staff also believes the Amendment is consistent
with the pro-competitive policies of this Commission, Title 62 of the Idaho Code, and the federal
Telecommunications Act. Accordingly, Staff recommended the Commission approve the
Amendment.
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 Amendment 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
Amendment. Our approval of the Amendment 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 Amendment 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
ORDER NO. 34673 3
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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 19th
day of May 2020.

__________________________________________
PAUL KJELLANDER, PRESIDENT

__________________________________________
KRISTINE RAPER, COMMISSIONER

__________________________________________
ERIC ANDERSON, COMMISSIONER

ATTEST:

_________________________________
Diane M. Hanian
Commission Secretary

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