20030623Order No 29273.pdf

Office of the Secretary
Service Date
June 23, 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
IAT COMMUNICATIONS, INc. DBA NTCH- )
IDAHO, INc. OR CLEAR TALK FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER.
CASE NO. GNR-O3-
IN THE MATTER OF THE APPLICATION
OF NPCR, INc. DBA NEXTEL PARTNERS
SEEKING DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER.
CASE NO. GNR-O3-
ORDER NO. 29273
On February 3 and April 28, 2003, respectively, Clear Talk and Nextel Partners filed
Applications requesting that the Commission designate them as "Eligible Telecommunications
Carriers
" ("
ETC"
).
On May 27 2003, the Commission issued Order No. 29240 that directed the
joint processing of these Applications. Order No. 29261 at 1. The Commission also ordered the
Applications be processed by Modified Procedure under the Commission s Rules of Procedure
and set June 24, 2003 as the deadline for interested persons and parties to file written comments
on the Companies' Applications. Id at 5-6. In addition, the Commission required that any party
protesting the use of Modified Procedure file a written protest "stating why Modified Procedure
should not be used" along with a request for an evidentiary hearing. Id. at 5.
On June 10 2003, the Idaho Telephone Association ("ITA") filed a protest opposing
the use of Modified Procedure to process these Applications and requested that the Commission
schedule this joint proceeding for a full evidentiary hearing. Nextel Partners filed a response on
June 16. On June 17, 2003, Citizens Telecommunications Company of Idaho, Potlatch
Telephone Company, CenturyTel of Idaho and CenturyTel of the Gem State filed a combined
request to stay this proceeding pursuant to Commission Rules of Procedure 203 and 324.1 These
Companies did not request oral argument. They requested a stay until such time as the Federal
Communications Commission ("FCC") issues a ruling in Docket No. 96-45. In this Docket the
FCC requested the Federal-State Joint Board on Universal Service to "review certain of the
Commission s rules relating to the high-cost universal support mechanisms to ensure that the
I Citizens Telecommunications Company of Idaho is the only Company in this group that has been granted
intervention in this proceeding. See Order No. 29248.
ORDER NO. 29273
dual goals of preserving universal service and fostering competition continue to be fulfilled.
These Companies represented that a decision is anticipated in late 2003 or early 2004. These
Companies also stated that in the event the Commission does not stay these proceedings, they
supported IT A's request for an evidentiary hearing.
COMMISSION FINDINGS
The Commission finds it is appropriate for the parties in this case to have the
opportunity to respond to both the request for stay and the ITA's request for an evidentiary
hearing. Accordingly, the Commission suspends indefinitely the written comment deadline
established by Order No. 29240 so that the parties may direct their energies toward responding to
these procedural matters. The Commission shall require all parties, if they choose, to respond in
writing regarding the need for stay and/or an evidentiary hearing no later than June 26, 2003.
ORDER
IT IS HEREBY ORDERED that the written comment deadline on substantive issues
for this joint proceeding is suspended until further notice.
IT IS FURTHER ORDERED that all parties shall have until June 26, 2003 to
respond to the request of Citizens et al for a stay of this proceeding and the Idaho Telephone
Association s request for an evidentiary hearing.
Federal-State Joint Board on Universal Service CC Docket No. 96-, Order FCC 02-307 (reI. Nov. 8, 2002)
(Referral Order).
ORDER NO. 29273
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this JD.yI-
day of June 2003.
PAULKJE
. '
. R, PRESIDENT
~JJ~
ARSHA H. SMITH, COMMISSIONER
ATTEST:
4dJllCommission Secretary
O:GNRTO308- GNRTO316-.Jh2
ORDER NO. 29273