20230410_FRET2301_jk.pdf

TO:
FROM:
DATE:
RE:
DECISION MEMORANDUM
COMMISSIONER ANDERSON COMMISSIONER HAMMOND COMMISSIONER LODGE COMMISSION SECRET ARY LEGAL
JOHAN E. KALALA-KASANDA MICHAEL DUVAL
APRIL 10, 2023
IN THE MATTER OF FREMONT TELCOM CO. DBA BLACKFOOT COMMUNICATIONS AND TELEPORT COMMUNICATIONS AMERICA, LLC'S JOINT APPLICATION FOR APPROVAL OF THEIR INTERCONNECTION AND RECIPROCAL COMPENSATION AGREEMENT FOR THE STATE OF IDAHO; CASE NO. FRE-T-23-01.
On January 18, 2023, Fremont Telcom Co. Dba Blackfoot Communications ("Blackfoot"
or "Company") and Teleport Communications America, LLC. ("TCA") submitted a joint
Application to the Idaho Public Utilities Commission ("Commission") seeking approval of the
Interconnection and Reciprocal Compensation Agreement ("Agreement") they have voluntarily
reached for the State of Idaho. The Agreement includes terms and conditions for interconnection
and reciprocal compensation for services rendered by each party.
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)(l). 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 such agreement or portion 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 that voluntarily enter into
interconnection agreements "may negotiate terms, prices, and conditions that do not comply with
either the FCC rules or with the provision of Section 25l(b) or (c)." Order No. 28427 at 11.
DECISION MEMORANDUM - 1 -APRIL 10, 2023
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.
STAFF DISCUSSION AND RECOMMENDATION
The Application states that the Agreement was reached through voluntary negotiations
without resort to mediation or arbitration and submitted for approval pursuant to the provisions
of 47 U.S.C. § 252(e) and the administrative rules of the Commission, specifically, Idaho
Administrative Code 31.01.01.126. Application at 2-3. This Agreement establishes specific
terms and conditions under which the parties may exchange telecommunication traffic between
them and reciprocally be compensated, as outlined in Attachment 1 to the Application.
Staff reviewed the Agreement between the parties and believes that this Agreement is
consistent with the terms and conditions of this Commission, the pro-competitive policies of this
Commission, the Idaho Legislature, and the Federal Telecommunications Act of 1934, as
amended by the Telecommunications Act of 1996. Accordingly, Staff recommends Commission
approval of the Interconnection and Reciprocal Compensation Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Application?
Udmemos/FRE-T-23•01 lntcrconncction and Reciprocal Agreement between Fremont and Teleport
DECISION MEMORANDUM -2-APRIL 10, 2023