20230626Final_Order_No_35826.pdf

ORDER NO. 35826 1
Office of the Secretary
Service Date
June 26, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF CUSTER TELEPHONE
COOPERATIVE INC. AND TELEPORT
COMMUNICATIONS AMERICA, LLC.’S
JOINT APPLICATION FOR APPROVAL OF
THEIR INTERCONNECTION AND
RECIPROCAL COMPENSATION
AGREEMENT FOR THE STATE
OF IDAHO
)
)
)
)
)
)
)
)
)
CASE NOS. CUS-T-23-01
TCS-T-23-01

ORDER NO. 35826

On March 27, 2023, Custer Telephone Cooperative, Inc. (“Custer”) and Teleport
Communications America, LLC. (“TCA”) submitted a joint Application (“Application”) to the
Idaho Public Utilities Commission (“Commission”) seeking approval of a proposed
Interconnection and Reciprocal Compensation Agreement (“Agreement”). On May 4, 2023,
Custer and TCA submitted the signed Agreement as a supplement to the joint Application.
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 a 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).
Companies voluntarily entering into interconnection agreements “may negotiate terms,
prices and conditions that do not comply with either the [Federal Communications Commission]
rules or with the provisions of Section 251(b) or (c).” Order No. 28427 at 11. This comports with
the Federal Communications Commission’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.

ORDER NO. 35826 2
THE APPLICATION
The parties stated that they reached the Agreement voluntarily. The Agreement includes
terms and conditions for interconnection and reciprocal compensation for services rendered by
each party. The parties represented that the Agreement does not discriminate and is consistent with
the public interest. Application at 2.
STAFF RECOMMENDATION
Commission Staff (“Staff”) reviewed the Application and Agreement and believed that it
is not discriminatory or contrary to the public interest. Staff also believed the Agreement is
consistent with the pro-competitive policies of the Commission, Title 62 of the Idaho Code, and
the federal Telecommunications Act. Staff recommended the Commission approve the Agreement.
COMMISSION FINDINGS AND 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 the Commission
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 all submitted materials, the Commission
finds the Agreement does not discriminate against nonparty telecommunications carriers, and that
implementing it is consistent with the public interest, convenience, and necessity. Therefore, the
Commission finds it reasonable to grant the Application and approve the Agreement.
The Commission’s 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.
ORDER
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. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. Idaho Code § 61-626.
ORDER NO. 35826 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 26th day of
June 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\TELECOM\CUST2301_TCST2301_final_cb.docx