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HomeMy WebLinkAbout20071210_2121.pdfDECISION MEMORANDUM TO:CO MMISSI 0 NER REDFORD COMMISSIONER SMITH CO MMISSI 0 NER KEMPTON COMMISSION SECRETARY LEGAL WORKING FILE FROM:CAROLEE HALL DATE:NOVEMBER 27,2007 RE:ELTOPIA COMMUNICATIONS, LLC's ("EPJ") ADOPTION OF THE INTERCONNECTION AGREEMENT BETWEEN NORTHWEST TELEPHONE, INc. ("NORTHWEST TELEPHONE") AND VERIZON NORTHWEST, INc. ("VERIZON"); CASE NO. VZN-07- BACKGROUND Under the provision ofthe federal Telecommunications Act of 1996, interconnection agreements must be submitted to the Commission for approval. 47 U.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.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 ~ot 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 statement that " 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.R. ~ 51.3. CURRENT APPLICATION On November 19 2007, Verizon Northwest, Inc. (Verizon) and Eltopia Communications LLC ("EPJ") filed an Agreement to adopt the current Interconnection Agreement between Verizon Northwest, Inc. and Northwest Telephone, Inc. DECISION MEMORANDUM - 1 -NOVEMBER 27, 2007 DISCUSSION The various elements being adopted by EPJ are: Reciprocal Compensation Termination Traffic; Resale Services; Prices for Unbundled Network Elements; Collocation Rates; and various other interconnection and wholesale rates. ST AFF ANALYSIS Staff has reviewed the Agreement with exhibits between Verizon and EPJ and finds them 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 that the Commission approve the Agreement. COMMISSION DECISION Does the Commission wish to approve the Agreement between Verizon and EP i:udmemos/adoption of interconnection agreements/vzntO705 VERIZON AND EL TOPIA adoption of the Verizon and Northwest Telephone Agreement. DECISION MEMORANDUM - 2 -NOVEMBER 27 2007