20140311final_order_no_32992.pdf

Office of the Secretary
Service Date
March 11,2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
POTLATCH TELEPHONE COMPANY,INC.)CASE NO.POT-T-02-Ol
FOR APPROVAL OF ITS WIRELESS TRAFFIC )
EXCHANGE AGREEMENT WITH SPRINT )
SPECTRUM L.P.,PURSUANT TO 47 U.S.C.§)ORDER NO.32992
252(e))
________________________________________________________________________________________________
)
In this case,the Commission is asked to approve the Wireless Traffic Exchange
Agreement between TDS Telecommunications Corporation,as an agent for Potlatch Telephone
Company,Inc.with Sprint Spectrum L.P.With this Order,the Commission approves the
Agreement.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996,interconnection
agreements.including amendments thereto,must be submitted to the Conimission for approval.
47 U.S.C.§252(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 U.S.C.§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.§51.3.
THE APPLICATION
On February 6,2014,Potlatch submitted an Application for approval of its Wireless
Traffic Exchange Agreement with Sprint.The filing replaces the parties’initial Agreement
approved by the Commission on June 19,2002.See Order No.29055.In the Application,the
parties request that the Commission approve the terms and conditions related to interconnection,
billing,and the exchange of traffic defined as Access Reciprocal Compensation Traffic and Non
ORDER NO.32992 1
Access Telecommunications Traffic in accordance with the USF/ICC Transformation Order,
FCC 11-161 (released on November 18.2011).
STAFF RECOMMENDATION
Staff reviewed the Application for approval of the parties’Interconnection Agreement
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 pro-competitive policies
of this Commission,the Idaho Legislature,and the federal Telecommunications Act of 1996.
Accordingly,Staff recommends 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.S.C.§
252(e)(1).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation pjy 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 parties’Agreement is consistent with the public interest,convenience
and necessity and does not discriminate.Therefore,the Commission finds that the Agreement,
including amendments thereto,should be approved.Approval of an interconnection agreement
does not negate the responsibility of either party to an agreement to obtain a Certificate of Public
Convenience and Necessity if they are offering local exchange services or to comply with Idaho
Code §sS 62-604 and 62-606 if they are providing other non-basic local telecommunications
services as defined by Idaho Code §62-603.
ORDER
IT IS HEREBY ORDERED that the Wireless Traffic Exchange Agreement between
TDS Telecommunications Corporation,as an agent for Potlatch Telephone Company,Inc.,and
Sprint Spectrum L.P.,Case No.POT-T-02-01,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
ORDER NO.32992 2
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §61-
626 and 62-6 19.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this Ii
day of March 2014.
MACK A.REDFORD,COMMISSIONER
6L ]JLLL
MARSHA H.SMITH,COMMISSIONER
ATTEST:
1 1
Jean D.Jewell
Commission Secretary
O:POT-T-02-Olnp
COMMISSIONER
ORDER NO.32992 3