20230427Final_Order_No_35755.pdf

ORDER NO. 35755 1
Office of the Secretary
Service Date
April 27, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF FREMONT TELCOM
CO. DBA BLACKFOOT
COMMUNICATIONS’ AND TELEPORT
COMMUNICATIONS AMERICA, LLC’S
JOINT APPLICATION FOR APPROVAL OF
THEIR INTERCONNECTION AND
RECIPROCAL COMPENSATION
AGREEMENT FOR THE STATE OF IDAHO
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CASE NO. FRE-T-23-01

ORDER NO. 35755

On January 18, 2023, Fremont Telecom Co. dba Blackfoot Communications and Teleport
Communications America, LLC (collectively “the Parties”) jointly applied to the Idaho Public
Utilities Commission (“Commission”) seeking Commission approval of the Interconnection and
Reciprocal Compensation Agreement (“Agreement”). The Agreement includes terms and
conditions for interconnection and reciprocal compensation for services rendered by each party.
BACKGROUND
The federal Telecommunications Act of 1996 (“Act”) permits incumbent local exchange
carriers to voluntarily negotiate with a requesting telecommunications carrier for interconnection,
services, or network support. 47 U.S.C. § 252(a)(1). Under the Act, interconnection agreements,
including any amendments to them, must be submitted to the Commission for approval. 47 U.S.C.
§ 252(e)(1). The Commission may reject a voluntarily negotiated agreement only if it finds that:
(1) the agreement discriminates against a telecommunications carrier not a party to the agreement;
or (2) implementing the agreement is inconsistent with the public interest, convenience and
necessity. 47 U.S.C. § 252(e)(2)(A). Companies voluntarily entering into interconnection
agreements “may negotiate terms, prices and conditions that do not comply with either the [Federal
Communications Commission] rules or with the provisions of Section 251(b) or (c).” Order No.
28427 at 11. This comports with the Federal Communications Commission’s rule 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.
ORDER NO. 35755 2
THE APPLICATION
The Parties stated that the Agreement “was reached through voluntary negotiation between
[the Parties].” Application at 2. The Parties further stated, “[t]he agreement does not discriminate
against a telecommunications carrier which is not a party to it, and is consistent with the public
interest, convenience, and necessity.” Id.
STAFF RECOMMENDATION
Commission Staff (“Staff”) reviewed the Agreement and believed it is not discriminatory
or contrary to the public interest. Staff also believed the Agreement is consistent with the pro-
competitive policies of this Commission, Title 62 of the Idaho Code, and the Act. Accordingly,
Staff recommended the Commission approve the Agreement.
COMMISSION FINDINGS AND DECISION
Under the 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 the Commission finds that the agreement would
discriminate against nonparty telecommunications carriers or that implementing it would be
inconsistent with the public interest, convenience, and necessity.
Based upon our review of the record, the Commission finds the Agreement does not
discriminate against nonparty telecommunications carriers, and that implementing it would be
consistent with the public interest, convenience, and necessity. Therefore, the Commission finds
it reasonable to grant the Parties’ Application and approve the Agreement. Our approval of the
Agreement 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.
ORDER
IT IS HEREBY ORDERED that the Application is granted, and the Agreement 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. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. Idaho Code § 61-626.
ORDER NO. 35755 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 27th day of
April 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

_________________________________________
JOHN R. HAMMOND, JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\TELECOM\FRET2301_Final_md.docx