20070529final_order_no_30323.pdf

Office ofthe Secretary
Service Date
May 29, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF FREMONT TELECOM CO. AND IDAHO
CLARK LIMITED PARTNERSHIP DBA
VERIZON WIRELESS FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e).
CASE NO. FRE-07-
ORDER NO. 30323
In this case, the Commission is asked to approve an interconnection agreement
reached through voluntary negotiations.
Application.
With this Order the Commission approves the
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 U.C. 9
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 US.C. 9 252(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 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. 9 51.3.
THE APPLICATION
On May 8, 2007, Fremont Telecom Co. (Fremont) submitted an Application for
approval of a voluntarily negotiated interconnection agreement with Idaho 6-Clark Limited
Partnership dba Verizon Wireless and Verizon Wireless (VZW) LLC dba Verizon Wireless.
this Application the parties request approval of the agreement that includes terms, conditions
and rates for interconnection between Verizon and Fremont for two-way mobile and fixed
wireless local service and area traffic.
ORDER NO. 30323
ST AFF RECOMMENDATION
Staff 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
Application is consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommended
Commission approval of the Application.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.C. 9252(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 the Staffs recommendation, the
Commission finds that the Agreement is consistent with the public interest, convenience and
necessity and does not discriminate. Therefore, the Commission finds that the Application
should be approved. However, approval of this Application does not negate the responsibility of
either of the parties to this Agreement to obtain a Certificate of Public Convenience and
Necessity if they are offering local exchange services or to comply with Idaho Code 99 62-604
and 62-606 if they are providing other non-basic local telecommunications services as defined by
Idaho Code 9 62-603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement of Fremont Telecom
Co. and Idaho 6-Clark Limited Partnership dba Verizon Wireless, Verizon Wireless (VZW) LLC
dba Verizon Wireless, Case No. FRE-07-, 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 with regard to 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 9 61-
626.
ORDER NO. 30323
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ,Qq.f"-
day of May 2007.
ATTEST:
ffi!~
L~ Je . Jewell
Co missIOn Secretary
O:FRE-07-
ORDER NO. 30323
J~.
MARSHA H. SMITH, COMMISSIONER
, COMMISSIONER