20130320final_order_no_32764.pdf

Office of the Secretary
Service Date
March 20.2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
FRONTIER COMMUNICATIONS NORTHWEST )CASE NO.VZN-T-13-O1
INC.FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
EDNETICS,INC.PURSUANT TO 47 U.S.C.§252(e))ORDER NO.32764
____________________________________________________________________________________________
)
In this case,the Commission is asked to approve the Interconnection Agreement
between Frontier Communications Northwest Inc.(“Frontier”)and Ednetics,Inc.(“Ednetics”).
With this Order,the Commission approves 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 25 1(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 March 4,2013,the Commission received Frontier’s Application seeking approval
of its Interconnection Agreement with Ednetics.In the Application,the parties request that the
Commission approve the terms and conditions of their Local Interconnection and Resale
Agreement that includes reciprocal compensation,number resources,ancillary services,
collocation and pricing.
ORDER NO.32764 1
STAFF RECOMMENDATION
Staff reviewed the Application for approval of 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 Interconnection 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 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)(l).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation pjy 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 Staff’s recommendation,the
Commission finds that the parties’Interconnection Agreement is consistent with the public
interest,convenience and necessity and does 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 Interconnection Agreement between Frontier
Communications Northwest Inc.and Ednetics,Inc.,Case No.VZN-T-l3-0l,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
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §§61-
626 and 62-619.
ORDER NO.32764
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this C
day of March 2013.
ATTEST:
ARSHA H.SMITH.COMMISSIONER
Jean D.JewelI
Commission ecretary
O:VZN-T-13-O 1_np
PA COMMISSIONER
MACK A.REDFORD,COMMISSIONER
ORDER NO.32764