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HomeMy WebLinkAbout20230620Decision Memo.pdfDECISION MEMORANDUM TO:COMMISSIONER ANDERSON COMMISSIONER HAMMOND COMMISSIONER LODGE COMMISSION SECRETARY LEGAL FROM:JOHAN E.KALALA-KASANDA MICHAEL DUVAL DATE:JUNE 20,2023 RE: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 AND TCS-T-23-01. On March 27,2023,Custer Telephone Cooperative,Inc.("Custer")and Teleport Communications America,LLC.("TCA")(collectivelyreferred to as "the Parties")submitted a joint Application ("Application")to the Idaho Public Utilities Commission ("Commission") seeking approval of their proposed Interconnection and Reciprocal Compensation Agreement ("Agreement").The Parties state that they reached this Agreement voluntarily.The Agreement includes terms and conditions for interconnection and reciprocal compensation for services rendered by each party.On May 4,2023,Custer and TCA submitted the actual agreement that was signed by the two parties as a supplement to their joint Application. 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 such agreement or portion is not consistent with the public interest, convenience,and necessity.47 U.S.C.§252(e)(2)(A). DECISION MEMORANDUM -1 -JUNE 20,2023 As the Commission noted in Order No.28427,companies that voluntarily enter into interconnection agreements "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.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. STAFF REVIEW AND RECOMMENDATION 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 as filed. COMMISSION DECISION Does the Commission wish to approve this Application? Johakf.Kalalà fasanda Udmemos/CUS-T-23-01 and TCS-T-23-01 Interconnection Agreement between Custer and Teleport DECISION MEMORANDUM -2 -JUNE 20,2023