20000807Order No 28465.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION
OF FREMONT TELCOM AND UNITED STATES CELLULAR CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. FRE-T-00-1

ORDER NO. 28465

On June 15, 2000, in accordance with the Telecommunications Act of 1996, Fremont Telcom and United States Cellular Corporation, a Commercial Mobile Radio Services (paging) company, filed a Joint Application for approval of a negotiated agreement for interconnection of their respective networks in accordance with Section 252(e) of the Federal Telecommunications Act. The Joint Application states that the agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the Telecommunications Act of 1996. The Agreement will allow United States Cellular to interconnect with Fremont’s network and provides reciprocal compensation for termination of local traffic. United States Cellular requested the Commission approve the agreement without hearing.
On June 30, 2000, the Commission issued a Notice of Application and Modified Procedure. Order No. 28422. Comments were due July 21, 2000.
Only Staff filed comments and it recommended approval.
Based on the record, the comments and the law, the Commission approves this interconnection agreement between Fremont and United States Cellular.
BACKGROUND
Under the terms 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 negotiation only if it finds that the agreement discriminates against a telecommunication carrier not a party to the agreement or implementation of the agreement is not consistent with the public interest, convenience and necessity. 47 U.S.C. §252 (e)(2)(A). If the Commission does not act to approve or reject the agreement within 90 days after its submission, the agreement is deemed approved. 47 U.S.C. §252 (e)(4). The Commission’s decision is not reviewable by the state courts. Id.
The Joint Application states that the agreement will allow United States Cellular to connect to Fremont’s facilities to exchange traffic and provides reciprocal compensation for termination of local traffic. Based on its review of this agreement, Staff found the agreement was consistent with the public interest, convenience and necessity and does not discriminate against other carriers. Staff recommended this interconnection agreement be approved.
COMMISSION FINDINGS
Under the terms 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’s review is limited, however. The Commission may reject an agreement adopted by negotiation only if it finds that the agreement discriminates against a telecommunication carrier not a party to the agreement or implementation of the agreement is not consistent with the public interest, convenience and necessity. Id. Based on the information filed with the Commission, the Staff’s recommendation, and on the fact no other party commented, the Commission finds that the interconnection agreement between Fremont Telcom and United States Cellular Corporation is consistent with the public interest, convenience and necessity and does not discriminate. Therefore, the Commission finds this interconnection agreement should be approved.
O R D E R
IT IS HEREBY ORDERED that the interconnection agreement between Fremont Telcom and United States Cellular Corporation is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. FRE-T-00-1 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in this Case No. FRE-T-00-1. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §61626.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of August 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:fret001_.cc

ORDER NO. 28465 -1-

Office of the Secretary
Service Date
August 7, 2000