20070102Decision memo.pdf

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DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:DECEMBER 28, 2006
RE:APPLICATION FOR APPROVAL OF NEGOTIATED AGREEMENT
BETWEEN FREMONT TELCOM ("FREMONT") AND CONTACT
COMMUNICATIONS, INC. ("CONTACT"
).
CASE NO. FRE-06-
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9252(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.C. 9252(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 statement that "
state commission shall have authority to approve an interconnection agreement adopted by
negotiation even if the terms ofthe agreement do not comply with the requirements of (Part 51)."
47 C.R. 951.3.
CURRENT APPLI CA TI 0
This Agreement between Fremont Telcom and Contact Communications, Inc. in
Case No. FRE- T -06-1 was filed December 18, 2006 and states that it was jointly entered into by
the parties and, with the Commission s approval, will enable the parties to provide their
respective customers with increased local telecommunications service choices. This Agreement
DECISION MEMORANDUM - 1 -DECEMBER 28, 2006
sets out terms and conditions pertaining to the exchange of EAS traffic and a Bill and Keep
arrangement between the parties. The Agreement also sets out a provision that if Contact
desires to provide Local Exchange Service within Fremont's ILEC serving territory pursuant to
Sections 251 or 252 of the Act, an additional agreement will be required"
STAFF ANALYSIS
Staff has reviewed the Application and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
Agreement is consistent with the public interest as identified in the pro-competitive policies of
this Commission, the Idaho Legislature, and the federal Telecommunications Act of 1996.
Accordingly, Staff believes that the Agreement merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to accept and approve this Interconnection Agreement?
i:udmemoslinterconnection agreements/FRE-O6-01 Fremont and Contact
DECISION MEMORANDUM - 2 -DECEMBER 28, 2006