20220502Final_Order_No_35390.pdf

ORDER NO. 35390 1
Office of the Secretary
Service Date
May 2, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF TDS METROCOM, LLC FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT WITH PROJECT MUTUAL
TELEPHONE COOPERATIVE
ASSOCIATION INC.
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CASE NO. TML-T-22-01

ORDER NO. 35390

On April 11, 2022, TDS Metrocom, LLC (“Company”) filed an Application seeking
approval for an interconnection agreement (“Agreement”) negotiated with Project Mutual
Telephone Cooperative Association, Inc. The Agreement established terms, conditions, and
pricing for local interconnection and the exchange of local traffic for the State of Idaho.
TELECOMMUNICATIONS ACT OF 1996
Under the provisions of the federal Telecommunications Act of 1996, any
interconnection agreement adopted by negotiation or arbitration must be submitted to the
Commission for approval. 47 U.S.C. § 252(e)(1). The Commission may reject an agreement
adopted by negotiation 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)(i)-
(ii).
STAFF RECOMMENDATION
Staff reviewed the Agreement and believed the terms were not discriminatory nor
contrary to the public interest. Staff also believed the Agreement was 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)(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.
ORDER NO. 35390 2
Based upon our review of this case, the Commission finds that the Agreement is
consistent with the public interest, convenience, 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, nor the obligation 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 Project
Mutual Telephone Cooperative Association, Inc., Case No. TML-T-22-01, 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 upon 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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 2nd day
of May 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary
I:\Legal\TELECOM\TML-T-22-01\TMLT2201_final_cb.docx