20200508Decision Memo.pdf

DECISION MEMORANDUM - 1 - MAY 7, 2020
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE

FROM: DANIEL KLEIN

DATE: MAY 7, 2020

RE: APPLICATION FOR APPROVAL OF AN AMMENDMENT TO A
RESALE AGREEMENT BETWEEN CITIZENS
TELECOMMUNICATIONS COMPANY OF IDAHO’S AND BULLSEYE
TELECOM, INC.; CASE NO. CTC-T-20-02.

BACKGROUND
On April 29, 2020 this Commission received an Application seeking approval for an
Amendment to a Resale Agreement between Citizens Telecommunications Company of
Idaho(Frontier) and BullsEye Telecom, Inc.(BullsEye). The original Agreement was approved
by the Idaho Public Utilities Commission on April 29, 2020. See Order No. 34652.
Under the provisions 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:
(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. 32034, companies
voluntarily entering into interconnection agreement “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.

DECISION MEMORANDUM - 2 - MAY 7, 2020
DISCUSSION
The Application states that the agreement was reached through voluntary negotiations
without resort to mediation or arbitration and submitted for approval pursuant to Section 252(e)
of the Communications Act of 1934, as amended by the Telecommunications Act of 1996. The
Amended application details the parties’ agreement regarding FCC UNE and Resale Forbearance
for wholesale services.

STAFF ANALYSIS
Staff has reviewed the Application and believes the agreement is consistent with the FCC
orders and pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act. Accordingly, Staff recommends Commission approval of the
Application for an interconnection agreement.

COMMISSION DECISION
Does the Commission wish to approve this Application?

________________________________
Daniel Klein

Udmemos/CTC-T-20-02 Amended Interconnection Agreement