20240307Final_Order_No_36109.pdf

ORDER NO. 36109 1
Office of the Secretary
Service Date
March 7, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF TDS
TELECOMMUNICATIONS, LLC (TDS
TELECOM) ACTING AS AN AGENT FOR
POTLATCH TELEPHONE COMPANY,
D/B/A TDS TELECOM, FOR APPROVAL OF
THE INTERCONNECTION AGREEMENT
WITH LEVEL 3 COMMUNICATIONS, LLC
(CLEC) FOR THE STATE OF IDAHO
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CASE NO. POT-T-23-02

ORDER NO. 36109

On December 7, 2023, TDS Telecommunications, LLC (TDS Telecom) as an agent for
Potlatch Telephone Company, d/b/a TDS Telecom (“TDS Telecom”) applied for approval of an
Interconnection Agreement by and between TDS Telecom and Level 3 Communications, LLC
(“Level 3”) for the State of Idaho (“Agreement”).
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements 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 the agreement:
(1) discriminates against a telecommunications carrier not a party to the agreement; or (2)
implementation of such agreement or portion 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 that voluntarily enter into
interconnection agreements “may negotiate terms, prices, and conditions that do not comply with
either the Federal Communications Commission (“FCC”) rules or with the provision of Section
251(b) or (c).” Order No. 28427 at 11. Likewise, the FCC stated 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
The Agreement sets forth the terms and conditions for the Interconnection of Level 3’s
network to TDS Telecom’s network, compensation for the transport and termination of
telecommunications traffic between TDS Telecom and Level 3, and the provision of ancillary
ORDER NO. 36109 2
functions by TDS Telecom and Level 3 for the State of Idaho. The Agreement also supersedes
and terminates all previous agreements between Level 3 and TDS Telecom.
The Application indicates that the Agreement was reached through voluntary negotiations
without resort to mediation or arbitration and was submitted for Commission approval pursuant to
Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act
of 1996.
STAFF REVIEW
After reviewing the Application, Staff believed the Agreement is consistent with FCC
orders and the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act. Consequently, Staff recommended that the Commission approve the
Application.
COMMISSION FINDINGS
Under the terms of the 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 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 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 Application should be approved.
Approval of this Application does not negate the parties’ responsibility to obtain a Certificate of
Public Convenience and Necessity if they plan to offer local exchange services, or to comply with
Idaho Code §§ 62-604 and 62-606 if they plan to 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 interconnection agreement by and between TDS
Telecom and Level 3 Communications, LLC 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 regarding any matter decided therein. Within seven (7) days after any person
ORDER NO. 36109 3
has petitioned for reconsideration, any other person may cross-petition for reconsideration. See
Idaho Code § 62-619.
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 7th day of
March 2024.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Barrios-Sanchez
Commission Secretary

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