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HomeMy WebLinkAbout20140328Decision Memo.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER REDFORD COMMISSIONER SMITH COMMISSION SECRETARY LEGAL WORKING FILE FROM:GRACE SEAMAN DATE:MARCH 18,2013 RE:CUSTER TELEPHONE COOPERATIVE,INC.’S APPLICATION FOR APPROVAL OF AMENDMENT TO NEGOTIATED AGREEMENT WITH AT&T MOBILITY;CASE NO.CUS-T-09-02. BACKGROUND 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)(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). CURRENT APPLICATION On March 12,2014,Custer Telephone Cooperative,Inc.(“Custer”)submitted an Application for approval of amendment to the Negotiated Agreement with AlItel Communications.LLC and ID Holding,LLC (“AIltel”)approved by the Commission under Order No.30895 on September 3,2009.In the Application,Custer state’s that New Cingular Wireless PCS.LLC,dba AT&T Mobility is the successor in interest to AlItel under the Agreement.Therefore,the parties request Commission approval to amend the Agreement to substitute AIltel with AT&T Mobility and to provide for bill and-keep compensation for intraMTA traffic between the parties. DECISION MEMORANDUM I MARCH 18,2014 STAFF ANALYSIS Staff has reviewed the Application and does not find that any terms or conditions are discriminatory or contrary to the public interest.Staff believes the Application 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 Approval of Amendment to the Interconnection Agreement. COMMISSION DECISION Does the Commission wish to approve this Application? / ?ac /cL/L umisc\udmemos\cusW9O2 doc DECISION MEMORANDUM MARCH 18,2014