20051027final order no 29901.pdf

Office of the Secretary
Service Date
October 27, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF TDS TELECOMMUNICATIONS
CORPORATION FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT WITH
CINGULAR WIRELESS LLC PURSUANT
TO 47 U.C. ~ 252(e)
ORDER NO. 29901
CASE NO. POT-05-
In this case the Commission is asked to approve a negotiated Interconnection
Agreement between TDS Telecommunications Corporation dba Potlatch Telephone Company,
Inc. ("Potlatch Telephone ) and Cingular Wireless LLC ("Cingular ). With this Order the
Commission approves the Agreement.
BACKGROUND
Under the prOVISIons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 U.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.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.R. ~ 51.3.
THE CURRENT APPLICATION
The Application was filed on September 26, 2005 by Potlatch Telephone. The
Agreement includes terms, conditions and pricing under which the parties agree to provide
interconnection for use by Cingular only in association with Commercial Mobile Radio Services
(CMRS) and the compensation for the exchange of traffic between the parties.
ORDER NO. 29901
STAFF RECOMMENDATION
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
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 Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. ~ 252(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 Agreement should
be approved. However, approval of this Agreement 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 ~ ~ 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 Interconnection Agreement between TDS
Telecommunications Corporation dba Potlatch Telephone Company, Inc. and Cingular Wireless
LLC on behalf of New Cingular Wireless PCS, LLC 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 ~ 61-
626.
ORDER NO. 29901
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this J.Uif'k
day of October 2005.
PAUL KJELI.: NDER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ANSEN, COMMISSIONER
ATTEST:
D. Jewell
mission Secretary
O:POT-05-
ORDER NO. 29901