20070910_2046.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:SEPTEMBER 7, 2007
SUBJECT:QWEST'S MOTION FOR STAY OF PROCEEDINGS IN THE AT&T
COMPLAINT CASE, CASE NO. QWE-06-
On August 10, 2007, Qwest filed a Motion to Stay the Commission s proceedings in
this complaint case. In its Motion" to Stay, Qwest noted that it had filed a Motion to Dismiss in
the same complaint that AT&T filed in the United States District Court. In essence, Qwest
argued that granting a stay of the Commission s proceeding will conserve resources "while the
federal court considers the dispositive federal question of whether, as Qwest contends, AT&T's
complaint is barred by the two-year statute of limitations in Section 415 of the federal
Communications Act." Qwest Motion at 1.
On August 30, 2007, AT&T filed an answer opposing Qwest's Motion. AT&T
urged the Commission to deny the stay "primarily because there is no good reason why this case
which was filed first and is substantially farther along than the federal case, should be stayed in
favor of the federal case, which AT&T filed purely as a protective measure.AT&T Opposition
at 2. In January 2007 , AT&T filed "a materially identical complaint" in state court, that Qwest
removed to federal court. AT&T then filed a Motion to Stay the federal court proceeding before
Judge Winmill but the Motion was opposed by Qwest. Id. at 3. The Staff does not believe that
the federal court has ruled on the Motion.
On September 7, 2007, Qwest filed a reply to AT&T's opposition. In its reply,
Qwest asserts that the federal court has concurrent jurisdiction over "an identical action" pending
before this Commission. Qwest maintains that the federal court's ruling on the dispositive
motion to dismiss based upon the federal statute of limitations "will govern (an potentially
eliminate) AT&T's complaint. . ..Qwest Reply at 2. Qwest maintains that judicial and
DECISION MEMORANDUM
administrative resources will not be wasted by staying the Commission s proceeding until the
federal court rules.
Both AT&T and Qwest have submitted voluminous pleading regarding Qwest's
Motion to Stay. Rather than recite the parties' assertions , the Staff believes the pleadings speak
for themselves. Qwest's Motion for Stay, AT&T's Opposition and Qwest's Reply are attached
to this memorandum.
COMMISSION DECISION
What is the Commission s ruling regarding Qwest's Motion to Stay this proceeding
pending the federal court's ruling on the statute of limitations question?
Don Howell
bls/M:QWE-O6-dh3
DECISION MEMORANDUM