20030505Amendment to Application.pdf

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Molly O'Leary, Esq. (ISB # 4996)
Richardson & O'Leary, PLLC
99 E. State Street, Suite 200
Eagle, Idaho 83616
[phone]
RECEIVED
FILED
2003 HAY -5 PM 12: 45
iO/~Hi3 PUdUC
UTiLIT iES CGr'1MISSION
Sean P. Farrell, Esq. (CSB # 186902)
General Counsel
IAT Communications, Inc.
NTCH-Idaho Inc., dba Clear Talk
703 Pier Avenue, Suite B, PMB 813
Hermosa Beach, CA 90254
[phone]
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
In the Matter ofIAT Communications, Inc.
a. Clear Talk, Petition For Designation As
An Eligible Telecommunications Carrier AMENDMENT TO PETITION FOR
DESIGNATION AS AN ELmmLE
TELECOMMUNICATIONS
CARRIER
CASE NO. Docket No. GNR-O3-
IAT Communications, Inc., a Delaware corporation doing business through its
subsidiary NTCH-Idaho, Inc., an Idaho corporation (hereinafter "Clear Talk"), pursuant
to Section 62-210A of the Idaho Code and pursuant to the Idaho Public Utilities
Commission s (the "Commission ) Order No. 27715 in Case No. GNR- T -98- 7 ("Order
No. 27715"), hereby amends its Petition for ETC. Designation as follows:
Designation Not Sought for Idaho Universal Service Fund. Clear Talk
does not by its Petition seek designation as an eligible telecommunication carrier for
Clear Talk Petition for E.T.C. Designation - AMENDMENT
purposes of receiving support from the Idaho Universal Service Fund pursuant to Idaho
Code 9 62-610 et. seq.
Errata. Page 4, paragraph 3, of the Clear Talk's Petition incorrectly
references Idaho Code 9 62-210D, instead of 9 62-610D. Clear Talk hereby retracts the
incorrect statutory reference to Idaho Code 9 62-210D and references instead Idaho Code
962-610D.
Errata. Page 1 , footnote 1, of Clear Talk's Petition incorrectly states that a
separate petition was to be filed with the Federal Communications Commission for
purposes of obtaining E.Tc. designation for tribal lands in Idaho. Clear Talk hereby
retracts Footnote 1 in its entirety, and petitions the Idaho Public Utilities Commission for
C. designation throughout Clear Talk's service areas in Idaho, including tribal lands.
Requested Relief:To the extent that the Idaho Public Utilities
Commission chooses to process Nextel Partners' April 28 , 2003 petition for E.TC.
designation concurrently with Clear Talk's February 3 2003 Petition, Clear Talk
respectfully requests that Clear Talk's E. T C. designation (if granted) be made effective
before Nextel' s designation (if granted) in a period that corresponds to the parties
respective filing dates of their petitions for E.TC. designation. In the alternative, Clear
Talk respectfully requests that the Commission issue an interim order(s) for E.Tc.
designation for any service areas for which Clear Talk's E.TC. designation is not
contested, or any other equitable measures offered by the Commission to ameliorate any
delay in handling Clear Talk's Petition.
/ II
II /
Clear Talk Petition for E.T.C. Designation - AMENDMENT
Counsel of Record. Clear Talk hereby informs the Commission that Clear
Talk will be represented by, and all pleadings, communications, notices and orders
should be served upon:
Molly O'Leary, Esq. (ISB # 4996)
Richardson & O'Leary, PLLC
99 E. State Street, Suite 200
Eagle, Idaho 83616
[phone] tel.
[phone] fax
molly~richardsonandoleary. com
Sean P. Farrell (CSB # 186902)
General Counsel
IAT Communications, Inc.
NTCH-Idaho Inc., dba Clear Talk
703 Pier Avenue, Suite B, PMB 813
Hermosa Beach, CA 90254
[phone] tel.
[phone] fax
$.
f ,-1J:f. ~ u.CID~l~- ~ rt J!lkD~t
Clear Talk has brought this Amendment to the attention of parties likely to be
interested in this proceeding by mailing a copy of this Amendment to the persons listed
on the attached Certificate of Service.
Respectfully Submitted
IA T Communications, Inc., dba Clear Talk
General Counsel
Clear Talk Petition for E.C. Designation - AMENDMENT
CERTIFICA TE OF SERVICE
I HEREBY CERTIFY that I have this 2nd day of May 2003 , served the foregoing
PETITION FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS
CARRIER upon all parties of record in this proceeding by delivering a copy thereof via
Federal Express to:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington Street
Boise, Idaho 83720
[phone]
and true and correct copies were forwarded on May 2 2003 , via first-class mail, to the
following:
Dean 1. Miller
McDevitt & Miller LLP
O. Box 2564
Boise, Idaho 83701
Counsel for Nextel Partners
Philip R. Schenkenberg
Briggs and Morgan, P.
2200 First National Bank Building
St. Paul, Minnesota 55101
Counsel for Nextel Partners
Conley Ward
GIVENS PURSLEY, LLP
O. Box 2720
Boise, Idaho 83701-2720
Counsel for Idaho Telephone Association;
Albion, Filer, Farmers, Mud Lake, and Project Mutual Telephone
Companies
Signed
Sean P. Farrel , Esq.
IAT Communications, Inc.
703 Pier Avenue, Suite B # 813
Hermosa Beach, CA 90254
[phone]
Clear Talk Petition for E.T.C. Designation - AMENDMENT