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DECISION MEMORANDUM - 1 - MARCH 5, 2024
DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
LEGAL
FROM: JOHAN E. KALALA-KASANDA
ADAM TRIPLETT, DEPUTY ATTORNEY GENERAL
DATE: MARCH 5, 2024
RE: IN THE MATTER OF THE APPLICATION 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 (LEVEL 3)
FOR THE STATE OF IDAHO; CASE NO. POT-T-23-02.
On December 7, 2023, TDS Telecommunications, LLC (TDS Telecom) as an agent for
Potlatch Telephone Company, d/b/a TDS Telecom (“TDS Telecom”) submitted an application
(“Application”) to the Commission seeking Commission approval of an Interconnection
Agreement by and between TDS Telecom and Level 3 Communications, L.L.C. (“Level 3”) for
the State of Idaho (“Agreement”).
TDS Telecom states that they reached this Agreement voluntarily. This 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 functions by TDS Telecom and Level 3
for the State of Idaho. Additionally, this Agreement supersedes and terminates all previous
agreements between Level 3 and TDS Telecom.
DECISION MEMORANDUM - 2 - MARCH 5, 2024
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 FCC rules or with the provision of Section 25l(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.
STAFF RECOMMENDATION
Staff reviewed the Application and believes the Agreement is consistent with the FCC
orders and pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act. Accordingly, Staff recommends Commission approval of TDS
Telecom’s Application for an Interconnection Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Agreement?
________________________________
Johan E. Kalala-Kasanda
I:\Utility\UDMEMOS\POTT2302_jkat.docx.