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HomeMy WebLinkAbout20090821Decision Memo.pdfDECISION MEMORANDUM TO:COMMISSIONER KEMPTON COMMISSIONER SMITH COMMISSIONER REDFORD COMMISSION SECRETARY LEGAL WORKING FILE FROM:GRACE SEAMAN DATE:AUGUST 21, 2009 RE:TDS'S APPLICATION FOR APPROVAL OF A NEGOTIATED WIRELESS TRAFFIC EXCHANGE AGREEMENT; CASE NO. POT-09-01. BACKGROUND Under the provisions of the federal Telecommunications Act of 1996, interconnection agreements must be submitted to the Commission for approval. 47 U.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 U.C. g 252(e)(2)(A). CURRENT APPLICATION On July 30, 2009, TDS Telecommunications Corporation (TDS) as an agent for Potlatch Telephone Company, Inc., submitted an Application for a Negotiated Wireless Traffic Exchange Agreement with Verizon Wireless. In this Application, the parties request that the Commission approve an agreement that includes terms and conditions, reciprocal compensation rates and billing procedures. ST AFF ANALYSIS Staff has reviewed the Application and does not find that any terms or conditions are discriminatory or contrary to the public interest. Staff believes the Application is consistent with the FCC orders and pro-competitive policies of this Commission, the Idaho Legislature, and the DECISION MEMORANDUM - 1 -AUGUST 21 , 2009 federal Telecommunications Act. Accordingly, Staff recommends Commission approval of the Application for a Negotiated Wireless Traffic Exchange Agreement. COMMISSION DECISION Does the Commission wish to approve this Application? de Cc L( kClA~ Grace Seaman i:udmemos/pottO9-01.doc DECISION MEMORANDUM - 2 -AUGUST 21 , 2009