20110218final_order_no_32186.pdf

Office of the Secretary
Service Date
February 18, 2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
FREMONT TELECOM CO. DBA FAIRPOINT
COMMUNICATIONS FOR APPROVAL OF
ITS INTERCONNECTION AGREEMENT
WITH ALLIED WIRELESS
COMMUNICATIONS CORPORATION
PURSUANT TO 47 U.c. ~ 252(e)
ORDER NO. 32186
CASE NO. FRE-ll-
In this case, the Commission is asked to approve an Interconnection Agreement
between Fremont Telcom Co. dba FairPoint Communications and Allied Wireless
Communications Corporation.
Interconnection Agreement.
With this Order, the Commission approves the parties
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
47 US.C. 9252(e)(I). 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 25l(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.R. 9 51.3.
THE APPLICATION
On January 20, 2011 , the Commission received an Application from Fremont
requesting approval of its Interconnection Agreement with Allied. The Agreement includes
terms and conditions relating to the interconnection and reciprocal compensation between the
parties regarding the exchange of traffic.
ORDER NO. 32186
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 parties
Interconnection Agreement is consistent with the pro-competitive policies of this Commission
the Idaho Legislature, and the federal Telecommunications Act.Accordingly, Staff
recommended that the Commission approve the Interconnection Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto , must be submitted to the Commission for approval. 47 U.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
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 Staffs recommendation, the
Commission finds that the parties' Interconnection Agreement is consistent with the public
interest, convenience and necessity and does not discriminate. Therefore, the Commission finds
that the Agreement should be approved. Approval of this Agreement does not negate the
responsibility of either party 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 between Fremont
Telcom Co. dba FairPoint Communications and Allied Wireless Communications Corporation
Case No. FRE- T -11-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order.Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 99 61-
626 and 62-619.
ORDER NO. 32186
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /t,
day of February 2011.
/. ~~
D. KEMPmN SIDENT
IJ~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~fJ (f-D. Jewel
Commission Secretary
O:FRE-II-
ORDER NO. 32186