HomeMy WebLinkAbout20200421Final_Order_No_34633.pdfORDER NO. 34633 1
Office of the Secretary
Service Date
April 21, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
FOR APPROVAL OF AN AMENDMENT
TO AN INTERCONNECTION
AGREEMENT BETWEEN FRONTIER
COMMUNICATIONS NORTHWEST INC.
AND TIME WARNER CABLE
INFORMATION SERVICES (IDAHO), LLC
D/B/A TIME WARNER CABLE
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CASE NO. VZN-T-20-01
ORDER NO. 34633
On March 27, 2020 this Commission received an Application seeking approval of
Amendment No. 2 to an Interconnection Agreement between Frontier Communications Northwest
Inc. and Time Warner Cable Information Services (Idaho), LLC dba Time Warner Cable
(“Amended Agreement”). The original Interconnection Agreement was approved by the Idaho
Public Utilities Commission on July 18, 2013. See Order No. 32856.
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 251(b) or (c)." Order
No. 28427 at 11 (emphasis in original). This comports with the FCC's regulation 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 Application states that the Amended Agreement was reached through voluntary
negotiations without resort to mediation or arbitration and submitted for approval pursuant to
Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act
ORDER NO. 34633 2
of 1996. The Amended Agreement details the parties’ agreement regarding local number
portability, the change management process, and the escalation process for wholesale services.
STAFF RECOMMENDATION
Staff has reviewed the Application and believes the Amended Agreement is consistent
with the FCC orders and pro-competitive policies of this Commission, the Idaho Legislature, and
the federal Telecommunications Act. Accordingly, Staff recommends Commission approval of
the Application seeking approval of the Amended 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)(l). The Commission's review is
limited. The Commission may reject an agreement adopted by negotiation only 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 Amended Agreement and the Staff's
recommendation, the Commission finds that the Amended Agreement is consistent with the public
interest, convenience and necessity and does not discriminate. Therefore, the Commission finds
that the Application and Amended Agreement is approved. The Commission’s approval of the
Application 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 and Amended Agreement of Frontier
Communications Northwest Inc. and Time Warner Cable, 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. 34633 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 21st
day of April 2020.
PAUL KJELLANDER, PRESIDENT
KRISTINE RAPER, COMMISSIONER
ERIC ANDERSON, COMMISSIONER
ATTEST:
Diane M. Hanian
Commission Secretary
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