20030807Notice of Hearing Order No 29312.pdf

Office of the Secretary
Service Date
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
August 7, 2003
IN THE MATTER OF THE PETITION OF
IAT COMMUNICATIONS, INc. DBA NTCH-
IDAHO, INc. OR CLEAR TALK FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER.
IN THE MATTER OF THE APPLICATION
OF NPCR, INC. DBA NEXTEL PARTNERS
SEEKING DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER.
CASE NO. GNR- T -03-
CASE NO. GNR-03-
NOTICE OF SCHEDULING
NOTICE OF HEARING
ORDER NO. 29312
On February 3 2003 and April 28, 2003 respectively, IAT Communications, Inc. dba
NTCH-Idaho, Inc. or Clear Talk and NPCR, Inc. dba Nextel Partners filed Applications
requesting that the Commission designate them as "eligible telecommunications carriers" (ETC)
in specific areas in southeastern Idaho. After reviewing the pleadings the Commission found it
appropriate to process the Applications in a joint proceeding. Order No. 29240. In addition, the
Commission decided to process the Applications by Modified Procedure under the
Commission s Rules of Procedure. IDAPA 31.01.01.201-.204
On June 10, 2003 , the Idaho Telephone Association (ITA) filed a protest, objecting
to the use of Modified Procedure to process this case. See Order No. 29240. ITA requested
instead that the Commission schedule this joint proceeding for a full evidentiary hearing.
Applicants Nextel Partners and Clear Talk filed responses on June 16 and 20 2003, respectively.
Each Company stated no opposition to ITA's request for an evidentiary hearing.
On June 17, 2003, Citizens Telecommunications Company of Idaho, Potlatch
Telephone Company, CenturyTel of Idaho and CenturyTel of the Gem State (Citizens and the
Protestants) filed joint Protests, Comments and a Motion for Stay. Citizens' and Protestants
Motion for Stay was filed pursuant to Commission Rules of Procedure 203 and 324. IDAP A
31.01.01.203 and .324. ITA filed its response in support of Citizens' and Protestants ' Motion for
NOTICE OF SCHEDULING
NOTICE OF HEARING
ORDER NO. 29312
Stay on June 26, 2003. Nextel Partners and Clear Talk filed responses in opposition to the
granting of a stay on June 26 2003.
On July 21 , 2003 , the Commission denied Citizens' Motion for Stay and granted
ITA's request for an evidentiary hearing. Order No. 29292. In addition, the Commission
directed the parties to meet informally to agree on a schedule for this joint proceeding. On July
, 2003 , counsel for Clear Talk, Nextel Partners, Citizens Telecommunications of Idaho, the
Idaho Telephone Association, Project Mutual Telephone Cooperative Association, Inc. and the
Commission Staff met at the offices of the Commission and agreed upon the proposed schedule
for this case and have requested that the Commission accept or adopt it
COMMISSION FINDINGS AND DECISION
Based upon agreement of the parties we find it reasonable to adopt the schedule they
have proposed for this joint proceeding. This schedule is set forth below
YOU ARE HEREBY NOTIFIED that the parties and the Commission Staff have
agreed to the following schedule:
Tuesday, September 2, 2003 Prefile deadline - Nextel Partners and
Clear Talk direct testimony
Wednesday, October 15 2003 Prefile deadline - Intervenors and
Commission Staff direct testimony
Monday, November 17, 2003 Prefile deadline - Nextel Partners and
Clear Talk rebuttal testimony
YOU ARE FURTHER NOTIFIED that discovery is available in Case Nos. GNR-
03-and GNR-03-l6 pursuant to the Commission Rules of Procedure, IDAPA
31.01.01.221-234. Parties should coordinate their production requests to facilitate compliance
with the foregoing schedule. Specifically, the standard time period to object or respond to
discovery requests applies, as set forth in Commission Rule of Procedure 225., with the
exception that Clear Talk and Nextel Partners shall file any final discovery requests on or before
October 20, 2003 and any party served with any such request shall answer on or before
November 10 2003.
1 Representatives from Qwest Corporation did not attend this meeting.
NOTICE OF SCHEDULING
NOTICE OF HEARING
ORDER NO. 29312
YOU ARE FURTHER NOTIFIED that a technical hearing in Case Nos. GNR-03-
8 and GNR-03-l6 is scheduled to commence TUESDAY, DECEMBER 9, 2003, AT 9:30
M. (MST) IN THE COMMISSION HEARING ROOM, 472 WEST WASHINGTON
STREET, BOISE, IDAHO continuing to December 10 and 11 at the same location if
necessary.
YOU ARE FURTHER NOTIFIED that all hearings in this matter will be held in
facilities meeting the accessibility requirements of the Americans with Disabilities Act (ADA).
Persons needing the help of a sign language interpreter or other assistance in order to participate
in or to understand testimony and argument at a public hearing may ask the Commission to
provide a sign language interpreter or other assistance at the hearing. The request for assistance
must be received at least five (5) working days before the hearing by contacting the Commission
Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Mail: secretary~JJuc.state.id.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 61 and 62 of the Idaho Code and the
Commission s Rules and that the Commission may enter any final Order consistent with its
authority.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
ORDER
IT IS FURTHER ORDERED and the Commission does hereby adopt the schedule
and hearing dates set forth above.
NOTICE OF SCHEDULING
NOTICE OF HEARING
ORDER NO. 29312
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
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day of August 2003.
Lf~
ARSHA H. SMITH, COMMISSIONER
~..
Jt~DE IS S. HANSEN, COMMISSIONER
ATTEST:
JeanD
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Commission Secretary
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NOTICE OF SCHEDULING
NOTICE OF HEARING
ORDER NO. 29312