20071005final_order_no_30450.pdf

Office of the Secretary
Service Date
October 5, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF POTLATCH TELEPHONE COMPANY
DBA TDS TELECOMMUNICATIONS
CORPORATION FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT WITH
CRICKET COMMUNICATIONS, INc.
PURSUANT TO 47 U.c. ~ 252(e)
ORDER NO. 30450
CASE NO. POT-07-
In this case the Commission is asked to approve an Interconnection Agreement
between Potlatch Telephone Company dba TDS Telecommunications Corporation ("TDS"), and
Cricket Communications, Inc. ("Cricket"). With this Order, the Commission approves the
parties' Interconnection Agreement.
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. g 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. g 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
(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. g 51.
THE CURRENT APPLICATION
On September 20, 2007 TDS filed an Application seeking the Commission
approval of the parties' Interconnection Agreement. The Application states that the parties have
agreed, through voluntary negotiations, to interconnect their networks thereby providing
customers with increased choices among local telecommunications services. The Agreement
describes the basic terms, conditions and pricing of the services TDS will provide to Cricket, as
ORDER NO. 30450
well as the interconnection facilities to be utilized for the purpose of delivering
telecommunications services.
STAFF RECOMMENDATION
The 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 parties
Interconnection Agreement is consistent with the pro-competitive policies of this Commission
Title 62 of the Idaho Code, and the federal Telecommunications Act.
recommended that the Commission approve the Interconnection Agreement.
Accordingly, Staff
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. g
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 the Staff s 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. Approval of this Application does not negate the responsibility of either of the
parties to these Agreements to obtain a Certificate of Public Convenience and Necessity
(pursuant to Commission Order No. 26665) if they are offering local exchange services or to
comply with Idaho Code ~g 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 Potlatch
Telephone Company dba TDS Telecommunications Corporation and Cricket Communications
Inc. 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. 30450
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code gg 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this !)fJ.-
day of October 2007.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
D. Jewell
mmission Secretary
O:POT-07-
ORDER NO. 30450