20040524Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLAND ER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:WELDON STUTZMAN
DATE:MAY 20, 2004
RE:CASE NO. GNR-03-
PETITION FOR CLARIFICATION OF ORDER NO. 29497
After processing an Application filed by Verizon Avenue Corporation, the
Commission issued Order No. 29497 approving Verizon Avenue s request for a Certificate of
Public Convenience and Necessity. In response to a recommendation made by the Idaho
Telephone Association, the Commission included in its final order a notation that the CPCN
issued to Verizon Avenue "is subject to the exemption of Idaho Telephone Association members
from the obligations of incumbent local exchange carriers under Section 251 (c) of 1996 Act."
On May 18, 2004, Potlatch Telephone Company, Century Tel of Idaho, Inc. and Century Tel of
the Gem State filed a Petition for Clarification of Order No. 29497. The three companies
requested the Commission clarify Order No. 29497 "so that the exemption is recognized to apply
to all rural incumbent local exchange carriers and not just IT A members.
Staff recommends the Commission approve the Petition for Clarification and issue an
order clarifying Order No. 29497 to make clear that the exemption under Section 251(c) of the
Telecom Act applies to all rural telephone carriers and not just ITA members. Specifically, the
sentence can be changed to state as follows: "Furthermore, this grant of a CPCN to Verizon
Avenue is subject to the exemption of rural telephone companies from the obligations of
incumbent local exchange carriers under Section 251 (c) of the 1996 Act.
. . .
DECISION MEMORANDUM
COMMISSION DECISION
Should the Petition for Clarification filed by Potlatch Telephone Company, Century
Tel of Idaho, Inc, and Century Tel of the Gem State to clarify Order No. 29497 be approved?
Weldon Stutzman
Vld/M:GNRTO326
DECISION MEMORANDUM