20151208final_order_no_33431.pdf

Office of the Secretary
Service Date
December 8,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
FRONTIER COMMUNICATIONS )CASE NO.VZN-T-15-O1
NORTHWEST INC.FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
NEW CINGULAR WIRELESS PCS,LLC )ORDER NO.33431
PURSUANT TO 47 U.S.C.§252(e))
In this case,the Commission is asked to approve the Interconnection Agreement
between Frontier Communications Northwest Inc.and New Cingular Wireless PCS,LLC.With
this Order,the Commission approves the 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)(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 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 November 12,2015,Frontier submitted an Application seeking Commission
approval of its Interconnection Agreement with New Cingular.The parties’Agreement
establishes terms and conditions,collocation,and pricing for Commercial Mobile Radio Service
interconnection and replaces the existing agreements filed in conjunction with Case Nos.GTE
T-99-03 and CTC-T-98-01.
ORDERNO.33431 1
STAFF RECOMMENDATION
Staff reviewed the Application for approval of the aforementioned 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 Agreement is 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 Interconnection Agreement.
COMMISSION FINDINGS
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 jy 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 New Cingular Wireless PCS LLC,Case No.VZN-T-15-Oi,
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 62-6 19.
ORDER NO.33431
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of December 2015.
PAUL KJELLANDER,COMMISSIONER
MARSHA H.SMITH,COMMISSIONER
;_
KRIS’fTNE RAPER,COMMISSIONER
ATTEST:
/A
!ean D.JewelY/
commission Secretary
O:VZN-T-15-OI_np
ORDER NO.33431 3