20210910Final_Order_No_35162.pdf

ORDER NO. 35162 1

Office of the Secretary
Service Date
September 10, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
BETWEEN FILER MUTUAL TELEPHONE
COMPANY AND TELEPORT
COMMUNICATIONS AMERICA, LLC
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CASE NO. FIL-T-21-02

ORDER NO. 35162

On August 4, 2021, Filer Mutual Telephone Company (“Filer Mutual”) applied to the
Commission for an Order approving an Interconnection Agreement (“Agreement”) with Teleport
Communications America, LLC (“Teleport Communications”). With this Order, the Commission
approves their Agreement.
BACKGROUND
Under the provisions of the 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. 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 provision of Section 251(b) or (c).” Order
No. 28427 at 11 (emphasis in original). This comports with the FCC’s regulation 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
The Application stated that the Agreement was reached through voluntary negotiation
and was submitted for approval pursuant to Section 252(e) of the Communications Act of 1934,
as amended by the Telecommunications Act of 1996. The Agreement establishes terms, conditions
and pricing for the local interconnection and the exchange of local traffic for the State of Idaho.

ORDER NO. 35162 2

STAFF RECOMMENDATION
Staff reviewed the Application and Agreement and believes the terms and conditions
are not discriminatory or contrary to the public interest. Staff also believes the Agreement is
consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the
federal Telecommunications Act of 1996. Accordingly, Staff recommended that the Commission
approve the Application.
COMMISSION DECISION
Under the terms of the Telecommunications Act, 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 discriminates against a telecommunications carrier not a party to the agreement or
implementation of the agreement is not consistent with the public interest, convenience, and
necessity. Id.
Based upon our review of the Application and Staff’s recommendation, the
Commission finds the Agreement to be consistent with the public interest, convenience and
necessity and does not discriminate. Therefore, the Commission finds that the Application should
be approved. Our approval of the Application 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 Agreement of Filer Mutual and Teleport
Communications, Case No. FIL-T-21-02, 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 regarding any 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.

ORDER NO. 35162 3

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 10th day
of September 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\TELECOM\FIL-T-21-02\orders\FILT2102_final_dh.docx