20210426Final_Order_No_35011.pdf

ORDER NO. 35011 1
Office of the Secretary
Service Date
April 26, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF POTLATCH TELEPHONE COMPANY
D/B/A TDS TELECOM’S APPLICATION
FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT WITH
TIME WARNER INFORMATION
SERVICES, LLC PURSUANT TO 47 U.S.C. §
252(E).
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CASE NO. POT-T-21-01

ORDER NO. 35011

On November 2, 2020, Potlatch Telephone Company d/b/a TDS Telecom (“TDS”)
applied for an order approving its new interconnection agreement (“Agreement”) with Time
Warner Information Services, LLC (“Time Warner”). With this Order, the Commission approves
the Agreement.
BACKGROUND
Under the federal Telecommunications Act of 1996, 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 an agreement adopted by negotiations only if it finds
that: (1) the agreement 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 provisions of Section
251(b) or (c).” Order No. 28427 at 11 (emphasis in original). This comports with the FCC’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.
THE APPLICATION
In its Application, TDS asks the Commission to approve the Agreement with Time
Warner. The Agreement establishes terms, conditions and pricing for the local interconnection
and exchange of local traffic in Idaho.

ORDER NO. 35011 2
STAFF RECOMMENDATION
Staff reviewed the Application and the interconnection agreement between TDS and
Time Warner and believes the Agreement is not discriminatory or contrary to the public interest.
Staff also believes the Agreement is consistent with the pro-competitive policies of this
Commission, Title 62 of the Idaho Code, and the federal Telecommunications Act. Accordingly,
Staff recommended that the Commission approve the Agreement.
COMMISSION DECISION
Under the federal Telecommunications 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 it finds that the
agreement would discriminate against nonparty telecommunications carriers or that implementing
it would be inconsistent with the public interest, convenience, and necessity. Id.
Based upon our review of the Application and the Staff’s recommendation, the
Commission finds the Agreement does not discriminate against any 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 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.
O R D E R
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 regarding 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 and 62-619.
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ORDER NO. 35011 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 26th day
of April 2021.

__________________________________________
PAUL KJELLANDER, PRESIDENT

__________________________________________
KRISTINE RAPER, COMMISSIONER

__________________________________________
ERIC ANDERSON, COMMISSIONER

ATTEST:

_________________________________
Jan Noriyuki
Commission Secretary

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