20071207Decision memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER REDFORD
COMMISSIONER SMITH
CO MMISSI 0 NER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:NOVEMBER 27,2007
RE:ELTOPIA COMMUNICATIONS, LLC's ("EPJ") ADOPTION OF THE
INTERCONNECTION AGREEMENT BETWEEN NORTHWEST
TELEPHONE, INc. ("NORTHWEST TELEPHONE") AND VERIZON
NORTHWEST, INc. ("VERIZON"); CASE NO. VZN-07-
BACKGROUND
Under the provision ofthe federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.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.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 ~ot 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 "
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.R. ~ 51.3.
CURRENT APPLICATION
On November 19 2007, Verizon Northwest, Inc. (Verizon) and Eltopia Communications
LLC ("EPJ") filed an Agreement to adopt the current Interconnection Agreement between
Verizon Northwest, Inc. and Northwest Telephone, Inc.
DECISION MEMORANDUM - 1 -NOVEMBER 27, 2007
DISCUSSION
The various elements being adopted by EPJ are: Reciprocal Compensation Termination
Traffic; Resale Services; Prices for Unbundled Network Elements; Collocation Rates; and
various other interconnection and wholesale rates.
ST AFF ANALYSIS
Staff has reviewed the Agreement with exhibits between Verizon and EPJ and finds them
compatible with federal and state guidelines. Moreover, Staff believes that this filing is
consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the
federal Telecommunications Act of 1996. Accordingly, Staff recommends that the Commission
approve the Agreement.
COMMISSION DECISION
Does the Commission wish to approve the Agreement between Verizon and EP
i:udmemos/adoption of interconnection agreements/vzntO705 VERIZON AND EL TOPIA
adoption of the Verizon and Northwest Telephone Agreement.
DECISION MEMORANDUM - 2 -NOVEMBER 27 2007