20040213Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:JOHN HAMMOND
DATE:FEBRUARY 13, 2004
SUBJECT:IN THE MATTER OF THE APPLICATIONS OF NEXTEL PARTNERS
AND CLEAR TALK THAT SEEK DESIGNATION AS ELIGIBLE
TELECOMMUNICATIONS CARRIERS. CASE NOS. GNR-03-08 AND
GNR- T -03-16.
On January 23 , 2004, Nextel Partners filed a Motion to Take Judicial Notice of a
recent decision by the Arkansas Public Service Commission on an Application filed by the
Company for eligible telecommunications carrier status in that state. (Docket NO. 03-141-
Order No.4). In that case the Arkansas Commission granted the Company s Application.
Nextel Partners states that evidentiary hearings in this case were concluded on December 11
2003 and the Order issued by the Arkansas Commission was issued on December 22 2003, after
the close of the Idaho evidentiary record. Nextel Partners asserts the Arkansas Order is relevant
to the Commission s deliberations because it considers and discusses a number of issues raised in
this proceeding. N extel Partners states that no party would be prejudiced by the granting of this
Motion. No party has filed opposition to this Motion.
On January 30, 2004, the Idaho Telephone Association ("ITA") and Citizens
Telecommunications Company of Idaho ("Citizens ) filed a Motion requesting the Commission
Take Official Notice of a recent Memorandum Opinion and Order issued by the Federal
Communications Commission ("FCC") in Docket No. 96-45. In the Matter of Federal-State
Joint Board on Universal Service, Virginia Cellular, LLC CC Docket No. 96-, FCC 03-0338
(2004). Citizens and ITA state that evidentiary hearings in this matter concluded prior to the
issuance of this decision. Furthermore, briefs were submitted on January 23 2004 and the FCC
did not release this Order until January 22, 2004 which did not allow the parties to address the
DECISION MEMORANDUM
substance of this decision in briefing. IT A and Citizens state the FCC Order is relevant to the
Commission s deliberations because it announces a new legal "framework" for the analysis and
consideration ofETC petitions. The parties state that no party will be prejudiced by the granting
of this Motion. No opposition has been filed to the granting of the Joint ITA and Citizens
Motion.
COMMISSION DECISION
Pursuant to Commission Rule of Procedure 263.01(a)(2) the Commission may take
judicial notice of orders of any other regulatory agency, state or federal.
Based on the foregoing authority, does the Commission wish to grant both Motions
to Take Official Notice or Judicial Notice of the decisions from the Arkansas Commission and
the FCC that concern issues relating to the ETC Applications in this proceeding.
bls/M:GNRTO316- GNRTO308-..ih7
DECISION MEMORANDUM