20171229final_order_no_33955.pdf

Office of the Secretary
Service Date
December 29,2017
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF FRONTIER COMMUNICATIONS )CASE NO.VZN-T-01-11
NORTHWEST,INC.TO AMEND ITS )
INTERCONNECTON AGREEMENT WITH )
AT&T CORP.)ORDER NO.33955
On December 17,2017,Frontier Communications Northwest,Inc.(Frontier)and
AT&T Corp.(AT&T)(Applicants)applied to the Commission for an Order approving an
amendment to their interconnection agreements (Amended Agreement).With this Order,the
Commission approves the Amended 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 no_t 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 FCC regulations which state 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 Applicants filed the Amended Agreement as part of a compliance filing per FCC
Order No.11-161.The Amended Agreement sets out rates,terms and conditions between the
Applicants,among other provisions,for reciprocal compensation and VolP traffic.Exhibit A to
the Amended Agreement sets out Intercarrier Compensation Reform Rates,required by an FCC
filing that became effective November 18,2011,as part of the USF/ICC Transformation Order.
See FCC 11-161.The Amended Agreement,therefore,addresses the FCC requirement that
ORDER NO.33955 1
default intercarrier compensation methodology for all non-access telecommunications traffic
exchanged between carriers and competitive Local Exchange Carriers would transition to bill-
and-keep over the six years beginning July 1,2012.
STAFF RECOMMENDATION
Staff reviewed the Application and Amended Agreement and believes the terms and
conditions are not discriminatory or contrary to the public interest.Staff also believes the
Amended 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 Amended Agreement.
COMMISSION DECISION
Under the terms of 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.
Based upon our review of the Application,Amended Agreement and Staff's
recommendation,the Commission finds that the Amended Agreement is consistent with the
public interest,convenience and necessity and does not discriminate.Therefore,the
Commission finds that the Amended Agreement at issue should be approved.Our approval 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.
O RD ER
IT IS HEREBY ORDERED that the Amended Agreement between Frontier
Communications Northwest,Inc.and AT&T Corp.,is 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.33955 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
day of December 2017.
PAUL KJELLAÑÒÉR,PRESIDENT
KÌ E RAPER,COilMÏSŠÏONER
ERIC ANDERSON,COMMISSIONER
ATTEST:
Diane M.Hanian
Commission Secretary
I:\Legal\LORDERS\VZNT0111scl amendmentdoc
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