20170622final_order_no_33799.pdf

Office of the Secretary
Service Date
June 22,2017
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF FRONTIER COMMUNICATIONS )CASE NO.VZN-T-17-Oi
NORTHWEST INC.FOR APPROVAL OF )
AN INTERCONNECTION AGREEMENT )
WITH NATIVE NETWORK,INC.)ORDER NO.33799
PURSUANT TO 47 U.S.C.§252(e).)
On June 12,2017,Frontier Communications Northwest Inc.(“Frontier”)applied to
the Commission for an Order approving their Interconnection Agreement with Native Network,
Inc.(“Native”).With this Order,the Commission approves the Interconnection Agreement,
BACKGROUND
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)(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
The Applicant asked the Commission to approve its proposed Interconnection
Agreement with Native.The Applicant states that the proposed Interconnection Agreement was
voluntarily negotiated and establishes terms and conditions,ancillary services and pricing for
resale services.
STAFF RECOMMENDATION
Staff reviewed the Application and Interconnection Agreement and believes the
terms and conditions are not discriminatory or contrary to the public interest.Staff also believes
ORDER NO.33799 1
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 must be
submitted to the Commission for approval.47 U.S.C.§252(e)(1).The Commission’s review is
limited.The Commission may reject an agreement adopted by negotiation 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,Interconnection Agreement and Staff’s
recommendation,the Commission finds that the Interconnection Agreement is consistent with
the public interest,convenience and necessity and does not discriminate.Therefore,the
Commission finds that the Interconnection Agreement at issue should be approved.Our
approval does not negate either party’s responsibility to obtain a Certificate of Public
Convenience and Necessity if they offer local exchange services,or to comply with Idaho Code
§62-604 and 62-606 if they provide 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 Native Network,Inc.,Case No.VZN-T-17-01,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.33799 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 2?,/
day of June 2017.
KRISTTNE RAPER,COMM TONER
ERIC ANDERSON,COMMISSIONER
ATTEST:
Diane M.Hanian
Commission Secretary
O:VZN-T-17-O1
PAUL )ENT
ORDER NO.33799