20050325Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL STAFF
FROM:WELDON STUTZMAN
DATE:MARCH 22, 2005
RE:COY AD COMMUNICATIONS PETITION FOR ARBITRATION OF
INTERCONNECTION TERMS WITH QWEST, CASE NO. CVD-05-
On February 28, 2005, Dieca Communications, Inc. dba Covad Communications
Company (Covad) filed a Petition asking the Commission to arbitrate terms of an Interconnection
Agreement with Qwest Corporation. Covad's Petition states that the parties have been able to
resolve most of the issues for an Interconnection Agreement, but have been unable to come to
agreement on all terms, particularly terms relating to Qwest's continuing obligation to provide
certain unbundled network elements. On March 15, 2005 , an attorney for Qwest by letter notified
the Commission that the parties have agreed to a specific procedure for Covad' s Petition.
According to the letter, the parties "have agreed that the case is most efficiently presented through
briefing followed by oral argument." The parties recommend opening briefs be filed on April 7
2005, followed by response briefs filed on May 18. The parties did not propose a specific hearing
date for an oral argument. A copy of the March 15 correspondence is attached.
Staff recommends the Commission approve the proposed procedure to process Covad' s
Petition and issue a Notice of Procedural Schedule adopting the filing dates proposed by the parties.
Commission Decision
Should the Petition of Covad for arbitration of Interconnection Agreement issues be
processed through briefing and oral argument as proposed by the parties?
Weldon Stutzman
Vld/M:CVD- T -05-1 ws
DECISION MEMORANDUM
STGEL HECEIV
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Boise, Idaho 83702
main 208.389.9000
fax [phone]
www.stoel.com
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ATTORNEYS AT LAW - 1~l'~~J I:J
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March 15 2005
MARy S. HOBSON
Direct [phone]
mshobson~stoe1.com
VIA HAND DELIVERY
Weldon Stutzman
Idaho Public Utilities COll1Jllission
472-West Washington Street
PO Box 83720
Boise, ill 83720-0074
Re:DIECA Communications dba Covad Communications
Docket No. CVD- T -05-
Dear Weldon:
My co-counsel, John Devaney, has spoken with Covad's counsel, Greg Diamond, concerning the
parties ' preferences for the conduct of this arbitration in Idaho. They have agreed that the case is
most efficiently presented through briefing followed by oral argument, assuming that the
Commission feels the latter would be helpful.
Qwest and Covad have also agreed to the following briefing dates:
Opening:Briefs:
Response Briefs:
April 27
May 18
Please advise if this procedure and schedule is acceptable to the Commission. If you have any
questions, feel fr~e to contact me.
Very truly yours
1:s~f
MSH: bIgcc: Adam Sherr
John Souba
- John Devaney
Greg Diamond
Oregon
Washington
California
Utah
Boise-182114.10029164-00108 Idaho