20120809final_order_no_32612.pdf

Office of the Secretary
Service Date
August 9.2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF POTLATCH TELEPHONE COMPANY )CASE NO.POT-T-07-Ol
DBA TDS TELECOMMUNICATIONS )
CORPORATION FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
CRICKET COMMUNICATIONS,INC.)
PURSUANT TO 47 U.S.C.§252(e))
__________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF POTLATCH TELEPHONE COMPANY )CASE NO.POT-T-lO-O1
DBA TDS TELECOMMUNICATIONS )
CORPORATION FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
ALLIED WIRELESS COMMUNICATIONS )
CORPORATION PURSUANT TO 47 U.S.C.§)
252(e))
___________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF FRONTIER COMMUNICATIONS )CASE NO.VZN-T-Ol-1O
NORTHWEST INC.FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
NOS COMMUNICATIONS INC.PURSUANT )
TO 47 U.S.C.§252(e))
___________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-06-i5
CENTURYLINK QC FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
USA MOBILITY WIRELESS,INC.FKA )ORDER NO.32612
METROCALL,INC.PURSUANT TO 47 )
U.S.C.§252(e))
In this case the Commission is asked to approve amendments to the Interconnection
Agreement between Potlatch Telephone Company dba TDS Telecommunications Corporation
and Cricket Communications,Inc.;Potlatch and Allied Wireless Communications Corporation;
Frontier Communications Northwest Inc.and NOS Communications Inc.;and Qwest
ORDER NO.32612 1
Corporation dba CenturyLink QC and USA Mobility Wireless,Inc.fka Metrocall Inc.With this
Order,the Commission approves the amendments to the Interconnection Agreements.
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 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 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 comply with either the FCC rules or with the
provision of Section 251(b)or (c).”Order No.28427 at 11 (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 511.”47 C.F.R.§51.3.
THE APPLICATIONS
1.Potlatch Telephone Company dba TDS Telecommunications Corporation and
Cricket Communications,Inc..Case No.POT-T-07-0l.On July 26,2012,Potlatch submitted an
Application seeking approval of amendments to its Wireless Traffic Exchange Agreement with
Cricket.The parties’original Agreement was initially approved by the Commission on October
5,2007.See Order No.30450.In the Application,the parties request that the Commission
approve changes to the definitions,billing and reciprocal compensation rates for transport and
termination to the FCC’s newly promulgated default “Bill-and-Keep”methodology.
2.Potlatch Telephone Company dba TDS Telecommunications Corporation and
Allied Wireless Communications Corporation,Case No.POT-T-10-0l.On July 23,2012,
Potlatch submitted an Application seeking the Commission’s approval to amend the parties’
Interconnection Agreement,initially approved by the Commission on August 26,2010.See
Order No.32055.The parties’new Agreement sets forth the terms,conditions and pricing under
which Potlatch will interconnect with Allied.
3.Frontier Communications Northwest Inc.and NOS Communications Inc..Case
No.VZN-T-01-l0.On July 19,2012,Frontier submitted an Application seeking the
ORDERNO.32612 2
Commission’s approval of Amendments to the parties’Interconnection Agreement,initially
approved by the Commission on July 25,2001.See Order No.28790.The filing was prompted
by the recent USF/ICC Transformation Order released by the Federal Communications
Commission (FCC),released on December 23,2011,enacting new rules for Intercarrier
Compensation for Wireless Traffic.See USF/ICC Transformation Order FCC 11-161.As a
result,intercarrier compensation for non-access telecommunications traffic exchanged between
carriers and competitive local exchange carriers will transition to a default “bill-and-keep”
methodology for traffic exchanged on or after July 1,2012.The amendments proposed by the
parties seek to adopt a revised reciprocal compensation methodology and automatically
incorporate any future revisions,reconsiderations,modifications or changes required by the
FCC.
4.Owest Corporation dba CenturyLink OC and USA Mobility Wireless,Inc.fka
Metrocall Inc.,Case No.QWE-T-06-15.On June 11,2012,CenturyLink submitted an
Application seeking the Commission’s approval of amendments to the parties’Interconnection
Agreement,initially approved by the Commission on September 13,2006.See Order No.
30127.The proposed amendments arise out of FCC Docket No.01-92,In the Matter of
Developing a Unified Intercarrier Compensation Regime,wherein the FCC ordered the
exchange of traffic between paging providers and local exchange carriers to migrate to a “bill
and-keep”arrangement between carriers.The proposed amendments seek to incorporate terms
and conditions that comport with the FCC’s current directive.
STAFF RECOMMENDATION
Staff reviewed the foregoing Applications and did not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest.Staff believes that the
amendments to the Interconnection Agreements are consistent with the pro-competitive policies
of this Commission,the Idaho Legislature,and the federal Telecommunications Act.
Accordingly,Staff recommended that the Commission approve the foregoing amendments to the
Interconnection Agreement.
COMMISSION FINDINGS
Under the terms of the Telecommunications Act,interconnection agreements,
including amendments thereto,must be submitted to the Commission for approval.47 U.S.C.§
252(e)(1).However,the Commission’s review is limited.The Commission may reject an
ORDER NO.32612 3
agreement adopted by negotiation iy 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 Applications and Staff’s recommendations,the
Commission finds that the amendments to the Interconnection Agreement are consistent with the
public interest,convenience and necessity and do not discriminate.Therefore,the Commission
finds that the amendments to the Agreements,reviewed by Staff and more fully described above,
should be approved.Approval of the Agreements does not negate the responsibility of either
party to these Agreements to obtain a Certificate of Public Convenience and Necessity if they are
offering local exchange services or to comply with Idaho Code §§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 amendments to the Interconnection Agreement
between Potlatch Telephone Company dba TDS Telecommunications Corporation and Cricket
Communications,Inc.,Case No.POT-T-07-0l,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Potlatch Telephone Company dba TDS Telecommunications Corporation and Allied
Wireless Communications Corporation,Case No.POT-T-l0-01,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Frontier Communications Northwest Inc.and NOS Communications,Inc.,Case No.
VZN-T-0 1-10,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and USA Mobility Wireless,Inc.fica
Metrocall,Inc.,Case No.QWE-T-06-15,are 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
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §§61-
626 and 62-6 19.
ORDER NO.32612 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this i
day of August 2012.
L.
PAUL KJELLANI3 ,PRESI NT
MACK A.REDFW,C MMISSIONER
(L.
MAkSHA H.SMITH,COMMISSIONER
ATTEST:
(,L.(
Jean D.Jewell
Commission Secretary
O:POT-T-07-01 _POT-T-10-0IVZN-T-0 1-10 QWE-T-06-I 5np
ORDER NO.32612 5