20180615Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLAI\DER
COMMISSIONER RAPER
COMMISSIONER AIYDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
F,ROM: DANIEL KLEIN
DATE: JUNE 5,2018
RE:APPLICATION FOR APPROVAL OF AN AMMENDMENT TO AN
II{TERCONNECTION AGREEMENT BETWEEN F'RONTIER
COMMUNICATIONS NORTHWEST INC. AND ELECTRIC
LIGHTWAVE, LLC; CASE NO. VZN-T-10-04.
BACKGROT}ND
On May 24,2A18 this Commission received an Application seeking approval for an
Amendment to an Interconnection Agteement between Frontier and Electric Lightwave, LLC.
The original Agreement was approved by the Idaho Public Utilities Commission on July 9,2010.
.lee Order No. 32034.
Under the provisions of the federal 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:
(l) 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(c)(2)(A). As the Commission noted in Order No. 32034, companies
voluntarily entering into interconnection agreement "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. $ 5r.3.
DECISION MEMORANDUM JUNE 5,2018-l-
DISCUSSION
The Application states that the agreement was reached through voluntary negotiations
without resort to mediation or arbitration and submitted for approval pursuant to Section 252(e)
of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, The
Amended application sets out to make the mandatory changes to reciprocal compensation.
STAF'tr ANALYSIS
Staff has reviewed the Application and believes the agrecment is consistent with the FCC
orders and pro-competitive policies of this Commission, the ldaho Legislature, and the federal
Telecomrnunications Act. Accordingly, Staffrecomrnends Commission approval of the
Appl ication for an interconnection agreement.
COMMISSION DECISION
Does the Commission wish to approve this Application?
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DECISION MEMORANDUM -2-JTINE 5,2418
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