20040825Notice of Oral Argument.pdf

Office of the Secretary
Service Date
August 25, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CITIZENS OF SOLDIERS MEADOW AREA
vs.
NOTICE OF ORAL ARGUMENT
ON MOTION TO DISMISS
CASE NO. GNR- T -04-
COMPLAINANTS,
QWEST CORPORATION
RESPONDENT.
This formal docket was opened in February 2004, when citizens in the Soldiers
Meadow area located in Nez Perce County, Idaho asked the Commission to consider a formal
complaint for the extension of landline telecommunications service to their properties. The
Commission issued a summons to Qwest Corporation requiring Qwest to respond to the
complaint filed by the citizens. Qwest filed its Answer on May 4, 2004. On August 5 , 2004
Qwest filed a Motion to Dismiss the Complaint. In its Motion, Qwest states it is not required to
provide service to the Soldiers Meadow area because it is not within its certificated service area.
Qwest's Motion asserts that it can be obligated to provide service to Soldiers Meadow only if the
potential customers paid for the installation of the necessary facilities (less any applicable credit
provided in Qwest's line extension tariff). Because the Complainants have stated an
unwillingness to pay for the necessary facilities Qwest asks the Commission to dismiss the
Complaint.
YOU ARE HEREBY NOTIFIED that the Commission will hear oral arguments on
Qwest's Motion to Dismiss on September 13~ 2004 at 3:00 p.m. MST (2:00 p.m. PST). To
accommodate the Soldiers Meadow Citizens, the Commission will arrange for their participation
by telephone conference. Residents of the Soldiers Meadow area may participate by telephone
from the Back Conference Room, City Hall Building, 1134 F Street, Lewiston, Idaho. The
Commission will place a call to that conference room at 2:00 p.m. PST on September 13 2004 to
enable the Complainants to present their response to Qwest's Motion to Dismiss.
YOU ARE FURTHER NOTIFIED that the purpose of the oral argument is only to
hear arguments on Qwest's Motion to Dismiss. Qwest will present its argument first, and the
NOTICE OF ORAL ARGUMENT
ON MOTION TO DISMISS
residents of Soldiers Meadow will have an opportunity to respond. The Commission has
received Qwest's Memorandum in Support of the Motion as well as the written response filed by
the Complainants. The purpose of oral argument should be limited to clarifying or illuminating
the issues already presented in the parties ' memoranda.
YOU ARE FURTHER NOTIFIED that all hearings and prehearing conferences 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~puc.state.id.
Dated at Boise, Idaho this 02 day of August 2004.
1J
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSEN, COMMISSIONER
ATTEST:
Commission Secretary
bls/N:GNRTO402 ws
NOTICE OF ORAL ARGUMENT
ON MOTION TO DISMISS