20180622final_order_no_34094.pdf

Ofñce of the Secretary
Service Date
June 22,2018
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )OF FRONTIER COMMUNICATIONS )CASE NO.VZN-T-10-04
NORTHWEST INC.FOR APPROVAL OF AN )AMENDMENT TO AN INTERCONNECTION )
AGREEMENT WITH ELECTRIC )ORDER NO.34094
LIGHTWAVE,LLC PURSUANT TO 47 U.S.C.)
§252(e))
On May 24,2018,this Commission received an Application for approval of an
Amendment to an Interconnection Agreement between Frontier Communications Northwest Inc.
(Frontier)and Electric Lightwave,LLC.The original Agreement was approved by the Public
Utilities Commission on July 9,2010.See Order No.32034.With this Order,the Commission
approves the Amended Agreement.
BACKGROUND
Under the provisions of the Telecommunications Act of 1996,interconnection
agreements must be submitted to the Commission for approval.47 U.S.C.§252(e)(l).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 CURRENT APPLICATION
In this Application,the parties request that the Commission approve certain
amendments to their extant interconnection agreement(s).Application at 1.The changes in the
filed Amendment relate to mandatory updates to reciprocal compensation.Id.at 3.
ORDER NO.34094 1
STAFF RECOMMENDATION
Staff reviewed the Application and did not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest.Staff believes the Application to
be 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 Parties'Interconnection 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)(l).The Commission's review is
limited.The Commission may reject an agreement adopted by negotiation only if it fmds 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 Staff's recommendation,the
Commission finds that the Agreement is consistent with the public interest,convenience and
necessity and does not discriminate.Therefore,the Commission finds that the Agreement should
be approved.However,approval of this Agreement does not negate the responsibility of either
of the parties to this 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 amended Interconnection Agreement of Frontier
Communications Northwest Inc.and Electric Lightwave,LLC,Case No.VZN-T-10-04,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 of this Order with regard to 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.
ORDER NO.34094 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of June 2018.
PAUL KJELLANl ER,PRESIDENT
KRIffÏNE RAPER,COMMISSIONER
ERIC ANDERSON,COMMISSIONER
ATTEST:
Diane M.Hanian
Commission Secretary
VZNTl004 Amend.IC se
ORDER NO.34094 3