20140710final_order_no_33072.pdf

Office of the Secretary
Service Date
July 10,2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
FRONTIER COMMUNICATIONS NORTHWEST )CASE NO.VZN-T-O1-O1
INC.FKA VERIZON NORTHWEST INC.)
REQUESTING APPROVAL OF AN )
AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH INLAND CELLULAR LLC )
(DBA INLAND CELLULAR)FKA WASHINGTON )
RSA NO.8 LIMITED PARTNERSHIP DBA )
INLAND CELLULAR PURSUANT TO 47 U.S.C.§)ORDER NO.33072
252(e))
In this case,the Commission is asked to approve an amendment to the
Interconnection Agreement between frontier Communications Northwest Inc.fka Verizon
Northwest Inc.(“Frontier”)and Inland Cellular LLC (dba Inland Cellular)fka Washington RSA
No.8 Limited Partnership dba Inland Cellular (“Inland Cellular).With this Order,the
Commission approves the amendment to the Interconnection Agreement.
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 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 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 51].”47 C.F.R.§51.3.
THE APPLICATION
The amendment is a compliance filing to the Federal Communication Commission’s
(FCC)Docket No.01-92,In the Matter of Developing a UnUled Intercarrier Compensation
ORDER NO.33072 1
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 amendment
seeks to add terms and conditions that comport with the FCC’s directive.See Attachment to
Frontier’s Application (Amendment No.(1)to the Interconnection Agreement).
STAFF RECOMMENDATION
Staff reviewed the Application for approval of the amendment to the Interconnection
Agreement and does not find any terms or conditions that it considers to be discriminatory or
contrary to the public interest.Staff believes that the amendment to the Interconnection
Agreement is consistent with the pro-competitive policies of this Commission,the Idaho
Legislature,and the federal Telecommunications Act of 1996.Accordingly,Staff recommended
the Commission approve the amendment to the Interconnection Agreement.
COMMISSION DECISION
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).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation y 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 Staffs recommendation,the
Commission finds that the amendment to the Interconnection Agreement is consistent with the
public interest,convenience and necessity and does not discriminate.Therefore,the
Commission finds that the Agreement,including amendment thereto,should be approved.
Approval of an Interconnection Agreement does not negate the responsibility of either party to
an Agreement 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 amendment to the Interconnection Agreement
between Frontier Communications Northwest Inc.fka Verizon Northwest Inc.and Inland
Cellular LLC (dba Inland Cellular)fka Washington RSA No.$Limited Partnership dba Inland
Cellular,Case No.VZN-T-01-0l,is approved.
ORDER NO.33072 2
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.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /0
day of July 2014.
PA KJELL DE ,COMMISSIONER
MACK A.REDFORD,MMISSIONER
5LL iJ3JL
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Jn D.Jewell (‘)
Commission Secretary
O:VZN-T-O1-O1_np
ORDER NO.33072 3