20130712Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JULY 12,2013
RE:INTERCONNECTION AGREEMENT BETWEEN FRONTIER
COMMUNICATIONS NORTHWEST INC.(“FRONTIER”)AND TIME
WARNER CABLE INFORMATION SERVICES (IDAHO),LLC DIB/A
TIME WARNER (“TIME WARNER”)ALONG WITH AN AMENDMENT
NO.1 TO THE ORIGINAL FILING;CASE NO.VZN-T-13-02
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996,interconnection
agreements 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:
(I)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
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.
CURRENT APPLICATION
On June 24,2013,Frontier filed its Interconnection Agreement with Amendment
Number 1 attached.This agreement is between Frontier and Time Warner Cable.The original
agreement sets out rates,terms and conditions between the companies.The Amendment
DECISION MEMORANDUM -1 -JULY 12,2013
Number I is an FCC compliance filing.Effective November 18,2011,the Federal
Communications Commission released its USF/ICC Transformation Order.See FCC 11-161.In
the order,the FCC determined that the default intercanier compensation methodoLogy for all
non-access telecommunications traffic exchanged between carriers and competitive Local
Exchange Carriers will transition to bill and keep over the next six years.The FCC ordered that
the companies begin the transition process on July 1,2012.
STAFF ANALYSES
Staff has reviewed the Agreement with Amendment No.1 between Frontier and Time
Warner Cable and finds it 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
approval.
COMMISSION DECISION
Does the Commission agree?
Care all C—’
udmemos!interconnection agrecnients/VZN-T-13-02 Frontier and Time Warner Cable Agreement with Attachment No.I
DECISION MEMORANDUM -2-JULY 12,2013