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HomeMy WebLinkAbout20090824_2680.pdfDECISION MEMORANDUM TO:COMMISSIONER KEMPTON CO MMISSI 0 NER SMITH COMMISSIONER REDFORD COMMISSION SECRETARY LEGAL WORKING FILE FROM:CAROLEE HALL DATE:AUGUST 19,2009 RE:APPLICATION FOR APPROVAL OF NEGOTIATED AGREEMENT BETWEEN CUSTER TELEPHONE COOPERATIVE, INC. ("CUSTER" AND VERIZON WIRELESS (V A W) LLC D/B/A VERIZON WIRELESS; CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS; CELLULAR INc., FINANCIAL CORPORATION D/B/A VERIZON WIRELESS; IDAHO RSA 2 LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS; IDAHO RSA 3 LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS; IDAHO 6-CLARK LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS; RCC MINNESOTA, INc. D/B/A VERIZON WIRELESS (COLLECTIVELY, "VERIZON" ). CASE NO. CUS-09-03. BACKGROUND Under the provision of the federal Telecommunications Act of 1996, interconnection agreements must be submitted to the Commission for approval. 47 U.C. 9252(e)(I). 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. 9252(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 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. 9 51.3. DECISION MEMORANDUM - 1 -AUGUST 20, 2009 CURRENT APPLICATION The Agreement between Custer and Verizon in Case No. CUS-09-03 was filed August 2009, and states that it was jointly entered into by the parties through voluntary negotiations. This Agreement sets out rates, terms and conditions pertaining to traffic exchange and reciprocal compensation arrangements between the parties. STAFF ANALYSIS Staff has reviewed the Application 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 public interest as identified in the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff believes that the Agreement merits the Commission s approval. COMMISSION DECISION Does the Commission wish to accept and approve this Interconnection Agreement? i:udmemos/interconnection agreements/CUS-O9-03 CUSTER TELEPHONE COOPERATIVE, INC AND VERIZON WIRELESS DECISION MEMORANDUM - 2 -AUGUST 20, 2009