In the Matter of the Application of Windstream )
Missouri, Inc. For Approval of an Amendment to a ) File No. IK-2013-0454
Commercial Mobile Radio Services Interconnection )
Agreement with United States Cellular Corporation )
Issue Date: May 16, 2013 Effective Date: May 26, 2013
This order approves the amendments to the interconnection agreement between the parties filed by Windstream Missouri, Inc.
On April 12, 2013, Windstream Missouri, Inc. filed an application with the Commission for approval of amendments to its interconnection agreement with United States Cellular Corporation (USCC). Windstream and USCC currently have a Commission-approved interconnection agreement between them. In the current application, the parties have agreed to amend the interconnection agreement. The amendments were filed pursuant to Section 252(e)(1) of the Telecommunications Act of 1996. The amendments would establish bill-and-keep as the compensation arrangement for IntraMTA traffic exchanged between the companies. Windstream holds a certificate of service authority to provide basic local exchange telecommunications services in Missouri. USCC is a wireless communications company not regulated by the Commission.
Although USCC is a party to the agreement, it did not join in the application. On April 15, 2013, the Commission issued an order making USCC a party in this case and directing any party wishing to request a hearing to do so no later than April 30, 2013.
Under Section 252(e) of the Act, any interconnection agreement adopted by negotiation must be submitted to the Commission for approval. The Commission may reject an agreement if it finds that the agreement is discriminatory or that it is not consistent with the public interest, convenience and necessity.
On May 10, 2013, the Staff of the Commission filed a memorandum and recommendation. The Staff memorandum recommends that the amendments to the agreement be approved and notes that the agreement meets the limited requirements of the Act in that it is not discriminatory toward nonparties and is not against the public interest. Staff recommends that the Commission direct the parties to submit any further amendments to the Commission for approval.
The Commission has considered the application, the supporting documentation, and Staff's verified recommendation. Based upon that review, the Commission finds that the agreement as amended meets the requirements of the Act in that it does not discriminate against a nonparty carrier and implementation of the agreement as amended is not inconsistent with the public interest, convenience and necessity. The Commission finds that approval of the agreement as amended shall be conditioned upon the parties submitting any further amendments to the Commission for approval pursuant to the procedure set out below.
The Commission has a duty to review all interconnection agreements, whether arrived at through negotiation or arbitration, as mandated by the Act. In order for the Commission's role of review and approval to be effective, the Commission must also review and approve or recognize amendments to these agreements. The Commission has a further duty to make a copy of every interconnection agreement available for public inspection. This duty is in keeping with the Commission's practice under its own rules of requiring telecommunications companies to keep their rate schedules on file with the Commission.
The parties to each interconnection agreement must maintain a complete and current copy of the agreement, together with all amendments, in the Commission's offices. Any proposed amendment must be submitted pursuant to Commission rule 4 CSR 240‑3.513(6).
The Commission, under the provisions of Section 252(e)(1) of the federal Telecommunications Act of 1996, is required to review negotiated interconnection agreements. It may only reject a negotiated agreement upon a finding that its implementation would be discriminatory to a nonparty or inconsistent with the public interest, convenience and necessity. Based upon its review of the amendments to the agreement between AT&T Missouri and USCC and its findings of fact, the Commission concludes that the agreement as amended is neither discriminatory nor inconsistent with the public interest and shall be approved.
Commission notes that prior to providing telecommunications services in
THE COMMISSION ORDERS THAT:
1. The amendments to the interconnection agreement between Windstream Missouri, Inc. and United States Cellular Corporation, filed on April 12, 2013, are approved.
2. Any changes or amendments to this agreement shall be submitted in compliance with 4 CSR 240‑3.513(6).
3. This order shall become effective on May 26, 2013.
4. This file may be closed on May 27, 2013.
Morris L. Woodruff
Morris L. Woodruff, Chief Regulatory
Law Judge, by delegation of authority
pursuant to Section 386.240, RSMo 2000.
on this 16th day of May, 2013.