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HomeMy WebLinkAbout20190730_ch2jo.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER RAPER COMMISSIONER ANDERSON COMMISSION SECRETARY LEGAL WORKING FILE FROM:CAROLEE HALL DATE:JULY 25,2019 RE:INTERCONNECTION AGREEMENT BETWEEN TDS METROCOM, LLC ("METROCOM")AND FRONTIER COMMUNICATIONS NORTHWEST INC.("FRONTIER").CASE NO.TML-T-19-02. BACKGROUND Under the provision 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 fmds 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 negotiateterms,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 "a state commission shall have authorityto 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. CURRENT APPLICATION On July 15,2019,Metrocom and Frontier submitted their original Interconnection Agreement between the parties.This agreement sets out rates,terms,and conditions for: Additional Services Interconnection Traffic Exchange DECISION MEMORANDUM -1 -JULY 25,2019 Resale Attachment Network Elements Collocation 9-1-1 Element Pricing STAFF ANALYSIS Staff has reviewed the agreement between Metrocom and Frontier,and finds it 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 approval. COMMISSION DECISION Does the Commission agree? Çar Hall i:udmemos/interconnection agreements/TML-T-19-02 TDS Metrocom and Frontier Communications Northwest,Inc. DECISION MEMORANDUM -2 -JULY 25,2019