20040309Interlocutory Order No 29442.pdf

Office of the Secretary
Service Date
March 9, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF NPCR, INc. DBA NEXTEL PARTNERS
SEEKING DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER.
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- T -03-
CASE NO. GNR-03-
ORDER NO. 29442
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). The Arkansas Commission granted Nextel Partners' Application. Nextel Partners
states evidentiary hearings in the Arkansas proceeding were concluded on December 11 , 2003
and an Order was issued by the Arkansas Commission 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. No party 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 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 substance
of this decision in briefing. IT 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. No party filed opposition to this Motion.
ORDER NO. 29442
On February 12 , 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 order issued by the Nebraska Public Service Commission in
Case No. C-2932
, "
In the Matter of the Application of Amended NPSC, Inc. dba Nextel
Partners.Citizens and ITA state that evidentiary hearings and post-hearing briefing in this
matter concluded prior to the issuance of the Nebraska Commission decision. IT A and Citizens
state the Nebraska Order is relevant to the Commission s deliberations because it concerns
Nextel Partners Application for ETC status in that state. No opposition has been filed to the
J oint 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. Accordingly, the
Commission grants the Motions to Take Judicial Notice/Official Notice of the decisions
discussed above from the Arkansas and Nebraska Commissions and the FCC.
ORDER
IT IS HEREBY ORDERED that Nextel Partners ' Motion to take Judicial Notice is
granted.
IT IS FURTHER ORDERED that the Idaho Telephone Association s and Citizens
Telecommunications Company of Idaho s Motion and Second Motion to take Official Notice are
granted.
THIS IS AN INTERLOCUTORY ORDER. Any person interested in this Order may
file a petition for review within twenty-one (21) days of the service date of this Order with
regard to any matter decided in this Order. A petition to review may request that the
Commission: (1) rescind, clarify, alter, amend; (2) stay; or (3) finalize this Interlocutory Order.
After any person has petitioned for review, any other person may file a cross-petition within
seven (7) days. See Rules 321 , 322, 323., 324, 325 (IDAPA 31.01.01.321-325).
ORDER NO. 29442
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this CJi4'--
day of March 2004.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
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ORDER NO. 29442