20130418final_order_no_32792.pdf

Office of the Secretary
Service Date
April 18,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
FRONTIER COMMUNICATIONS NORTHWEST )CASE NO.VZN-T-Ol-05
INC.FOR APPROVAL OF AMENDMENTS TO )
ITS iNTERCONNECTION AGREEMENT WIT!-!)
CRICKET COMMUNICATIONS,INC.)ORDER NO.32792
PURSUANT TO 47 U.S.C.§252(e))
_________________________________________________________________________________________________
)
In this case,the Commission is asked to approve amendments to the Interconnection
Agreement between Frontier Communications Northwest Inc.fica Verizon Northwest Inc.and
Cricket Communications,Inc.With this Order,the Commission approves the amendments to the
parties’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
On April 4,2013,the Commission received Frontier’s Application seeking approval
of amendments to its Interconnection Agreement with Cricket,previously approved by the
Commission on June 1,2001.See Order No.28742.In the Application,the parties request that
the Commission approve the terms and conditions for IntraMTA traffic reciprocal compensation
ORDER NO.32792 1
rates as provided in the USE/ICC Transformation Order.FCC 11-161 (November 18,2011)and
Order on Reconsideration,FCC 11-189 (December 23,2011).
STAFF RECOMMENDATION
Staff reviewed the Application for approval of the aforementioned amendments to the
parties’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 amendments are
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 amendments 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 onii 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 the Staffs recommendation,the
Commission finds that the amendments to the parties’Interconnection Agreement are consistent
with the public interest,convenience and necessity and do not discriminate.Therefore,the
Commission finds that the Agreement,including Amendments 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 amendments to the Interconnection Agreement
between Frontier Communications Northwest Inc.fka Verizon Northwest Inc.and Cricket
Communications,Inc.,Case No.VZN-T-01-05,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
ORDER NO.32792 2
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 fl
day of April 2013.
ATTEST:
vhL
MARSHA H,SMITH,COMMISSIONER
1J
Jn D.Jewell (i
C5mmission Secretary
O:VZN-T-O1-05_np
MACK A.REDFORD,lONER
ORDER NO.32792 3