20021104Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
RON LAW
LOU ANN WESTERFIELD
DON HOWELL
RANDY LOBB
JOE CUSICK
WAYNE HART
TERRI CARLOCK
BEV BARKER
TONYA CLARK
GENE FADNESS
WORKING FILE
FROM:JOHN R.HAMMOND
DATE:NOVEMBER 4,2002
RE:CENTURYTEL'S NOTICE OF WITHDRAWAL OF APPLICATIONS IN:CASE
NO.GNR-T-02-11,CENTURYTEL'S REQUEST FOR APPROVAL OF A
TARIFF ADVICE CONTAINING A NEW DEPOSIT REQUIREMENTSFOR
INTEREXCHANGE CARRIERS.
On June 12,2002,CenturyTel filed two identical tariff advices that proposed changes in
their Access Service Tariffs regardingdeposit requirements for interexchange carriers.On August 7,
2002,the Commission found that CenturyTel's tariff advices raised important policy issues that
could affect all local exchange companies and interexchangecarriers operatingin Idaho.Order No.
29089 at 1.Accordingly,the Commission ordered that these advices be treated as applications and
processed by Modified Procedure under the Commission's Rules of Procedure.Id.
On October 28,2002,CenturyTel of the Gem State and CenturyTel of Idaho,Inc.
("CenturyTel")filed a Notice of Withdrawal of its Application pursuant to Commission Rule of
Procedure 68.IDAPA 31.01.01.068.The Company states that it has proceedings relating to similar
deposit requirements currentlyongoing in multiplestates.CenturyTel states that because of the
DECISION MEMORANDUM l
expense associated with these multiple proceedings it is withdrawingits tariff advices in Idaho.
Finally,the Company states that this withdrawal is subject to possible refiling at a later date.
STAFF RECOMMENDATION
Pursuant to Rule 68 a party desiring to withdraw a pleading must file a notice of
withdrawal of that pleading with the Commission and serve it on all parties.This notice becomes
effective unless otherwise ordered by the Commission 14 days after filing.The 14th day is
November 11,2002.All parties that filed written comments with the Commission in this case have
been served with CenturyTel'sNotice.
Staff believesthat Rule 68 allows CenturyTel to withdraw its pleading,effectiveafter 14
days have passed.However,because this case was converted to a generic proceeding the
Commission Staff believes that CenturyTel's Notice of Withdrawal cannot close this case
automatically.In this generic proceeding several interested parties have filed detailed written
comments about the type of security deposits that CenturyTel proposes in its Applications.For
example,in general,the Association of Communications Enterprises,AT&T Communications ofthe
Mountain States,Inc.and WorldCom,Inc.filed comments opposing approval of CenturyTel's
Applications and associated proposed tariffs.Potlatch TelephoneCompany,CenturyTel,the Idaho
TelephoneAssociation and Verizon Northwest Inc.have filed written comments in support of these
same proposed tariffs.
In its written comments the Commission Staff recommended that the Commission deny
without prejudice CenturyTel'sproposed tariffs at this time because similar cases were being
examined at the Federal Communications Commission.
Because this has become a generic proceeding the Commission Staff believes that a
Commission Order is necessary to close this case.The Commission Staff recommends that because
the onlyparty that has filed a proposed tariff containing these new deposit requirements now intends
to withdraw them the Commission should issue its Order closing this case without prejudice on or
shortlyafter November 11,2002.Shouldan interested party file written opposition to the closing of
this case the Commission could hold this matter to the next scheduled decision meeting.
DECISION MEMORANDUM 2
COMMISSION DECISION
Does the Commission wish to issue an Order closing Case No.GNR-T-02-11 without
prejudice?
.Hammond
Staff:Joe Cusick
Wayne Hart
M:GNRT021l_jh5
DECISION MEMORANDUM 3