HomeMy WebLinkAbout20191024final_order_no_34465.pdfOffice of the Secretary
Service Date
October 24,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )OF FRONTIER COMMUNICATIONS )CASE NO.VZN-T-19-01
NORTHWEST INC.,FOR APPROVAL OF )AN INTERCONNECTION AGREEMENT )WITH PEERLESS NETWORK OF IDAHO,)ORDER NO.34465
LLC FOR THE STATE OF IDAHO )PURSUANT TO 47 U.S.C.§252(e).)
On October 4,2019,Frontier Communications Northwest Inc.("Frontier")applied for
an order approving an interconnection agreement ("Agreement")with Peerless Network of Idaho,
LLC ("Peerless").With this Order,the Commission approves the Agreement.
BACKGROUND
Under the federal Telecommunications Act of 1996,interconnection agreements,
including any amendments to them,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:(1)the agreement 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 n_g comply with eitherthe FCC rules or with the provisions of Section
251(b)or (c)."Order No.28427 at 11 (emphasis in original).This comports with the FCC's rule
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
In this Application,Frontier asks the Commission to approve an Agreement with
Peerless.The Agreement establishes terms and conditions for interconnection,unbundlednetwork
elements,ancillaryservices,and resale of telecommunications services.
ORDER NO.34465 1
STAFF RECOMMENDATION
Staff reviewed the Application and believes the Agreement is not discriminatory or
contrary to the public interest.Staff also believes the Agreement is consistent with the pro-
competitive policies of this Commission,Title 62 of the Idaho Code,and the federal
Telecommunications Act.Accordingly,Staff recommended that the Commission approve the
Agreement.
COMMISSION DECISION
Under the federal 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 only if it fmds that the
agreement would discriminate against nonparty telecommunications carriers or that implementing
it would be inconsistent with the public interest,convenience and necessity.Id.
Based upon our review of the Application and the Staff's recommendation,the
Commission finds the Agreement does not discriminate against nonparty telecommunications
carriers,and that implementing it would be consistent with the public interest,convenience and
necessity.Therefore,the Commission finds it reasonable to grant the Application and approve the
Agreement.Our approval of the Agreement 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 Application is granted,and the Agreement is
approved.
THIS IS A FINAL ORDER.Any person interested in this Order may petition for
reconsideration within twenty-one (21)days of the service date of this Order with regard to any
matter decided in 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.34465 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of October 2019.
PAUL KJ AN ,PRESIDENT
KRISTINE RAPER,COMMISSIONER
ERIC ANDERSON,COMMISSIONER
ATTEST:
Diane M.Han an
Commission Secretary
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ORDER NO.34465 3