20190807final_order_no_34400.pdf

Office of the Secretary
Service Date
August 7,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )OF TDS METROCOM,LLC FOR )CASE NO.TML-T-19-02
APPROVAL OF ITS INTERCONNECTION )AGREEMENT WITH FRONTIER )COMMUNICATIONS NORTHWEST,INC.)ORDER NO.34400
PURSUANT TO 47 U.S.C.§252(e))
On July 15,2019,TDS Metrocom,LLC ("Metrocom")and Frontier Communications
Northwest,Inc.("Frontier")applied to the Commission for an order approving an Interconnection
Agreement ("Agreement").With this Order,the Commission approves their Agreement.
BACKGROUND
Under the federal Telecommunications Act of 1996,interconnection agreements must
be submitted to the Commission for approval.47 U.S.C.§252(e)(l).The Commission may reject
an agreement adopted by negotiations only if it fmds 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 not 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 regulation that "a state commission shall have authorityto 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 Agreement and believes the terms are not discriminatory or contrary
to the public interest.Staff also believes the Agreement is consistent with the pro-competitive
policies of this Commission,the Idaho Legislature,and the federal Telecommunications Act of
1996.Accordingly,Staff recommended that the Commission approve the Application.
COMMISSION DECISION
Under the Telecommunications Act,interconnection agreements must be submitted to
the Commission for approval.47 U.S.C.§252(e)(l).The Commission's review is limited.The
Commission may reject an agreement adopted by negotiation only if it finds that the agreement
ORDER NO.34400 1
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 this case 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.Our
approval of the Application 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.
ORDER
IT IS HEREBY ORDERED that the Application of TDS Metrocom,LLC and Frontier
CommunicationsNorthwest,Inc.,Case No.TML-T-19-02,is approved.
THIS IS A FINAL ORDER.Any person interested in this Order may petition for
reconsiderationwithin twenty-one (21)days of the service date upon this Order with regard to 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.
ORDER NO.34400 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of August 2019.
PAUL JELLAÉDÉR,PREŠIDENT
KRÌS NE RAPER,CGMMISSIONER
ERIC ANDERSON,COMMISSIONER
Diane M.Hanian
Commission Secretary
I:\Legal\TELEPHONE\TML-T-194)2\Orders\TMLTl902_final_dhdocx
ORDER NO.34400 3