20041108Reconsideration Order No 29627.pdf

Office of the Secretary
Service Date
November 8, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CITIZENS OF SOLDIERS MEADOW AREA
CASE NO. GNR- T -04-
COMPLAINANTS,
vs.
QWEST CORPORATION
ORDER NO. 29627
RESPONDENT.
This case was initiated by citizens in the Soldier Meadow area located in Nez Perce
County, Idaho who requested an extension of landline telecommunications service to their
properties. On September 22 2004, the Commission issued Order No. 29597 granting a motion
filed by Qwest Corporation to dismiss the case. The Commission found that the Soldiers
Meadow area is not in Qwest's service area , and that even if the area were to be added to
Qwest's service area , the customers would be obligated to pay the costs of extending service to
their properties, minus a $1 600 customer credit as specified in Qwest's North Idaho Exchange
and Network Services Tariff. The residents of the area had indicated that they are not willing to
pay the necessary costs of construction. The Commission concluded that it would be
unreasonable to add Soldiers Meadow to Qwest's territory and the "facts do not demonstrate that
extension of Qwest's facilities is necessary in the general interest of the public.Order
No. 29597, p. 3.
On October 18, 2004, the citizens filed a Petition for Reconsideration.The
Petitioners state that the Commission s decision is unreasonable, unlawful and erroneous
because the Commission did not discuss the Idaho Universal Service Fund described in Idaho
Code g 62-610A through g 62-61 OF. The Petition also states that the citizens "look to the FCC
Universal Service Fund for relief.Finally, the Petition for Reconsideration requests
consideration for the Soldiers Meadow area to be included in a geographic support area or
service area.
Qwest filed an Answer to the Petition for Reconsideration on October 25 2004. In its
Answer, Qwest argued that the Petition for Reconsideration fails to set forth specifically the
ORDER NO. 29627
ground or grounds why the petitioners contend that the Commission s Order is unreasonable
unlawful, or erroneous or not in conformity with the law, and thus fails to comply with the
Commission s Rules of Procedure. Qwest asserts that the citizens "do not point to any evidence
that the Commission s decision concerning the limits of Qwest's current boundary is erroneous
or unlawful; nor do they offer new evidence to suggest that the Commission should reconsider its
conclusion that it would be unreasonable to require Qwest to expand its exchange boundaries.
Qwest Answer, p. 3. Regarding federal Universal Service Fund support, Qwest notes that there
currently "is no mechanism under the FUSF to apply for or obtain advance funding to construct
facilities.Because Federal USF support is based on a rural company s embedded costs, line
extension costs to Soldiers Meadow could be included in a company s request for federal support
only after the area were included in the company s service area and the company had already
used its own funds to build the necessary facilities. Regarding the state USF, Qwest noted that in
2000 the legislature eliminated any deadline for the Commission to establish a new Idaho USF
and that "although the Commission has conducted proceedings to determine how cost models
will be used to identify and rank high-cost areas using a forward-looking cost methodology, the
new Idaho USF has not been established.Accordingly, Qwest asserts the Idaho USF does not
offer any relief to the citizens of Soldiers Meadow.
A Petition for Reconsideration must "set forth specifically the ground or grounds why
the petitioner contends that the Order or any issue decided in the Order is unreasonable
unlawful, erroneous or not in conformity with the law, and a statement of the nature and quantity
of evidence or argument that the petitioner will offer if reconsideration is granted." Idaho Rule
0 f Procedure 331 , ill AP A 31. 0 1. 01. 3 31. It is not enough to merely state disagreement or
dissatisfaction with the Commission s decision. Commission Orders are based on the facts
presented and the relevant law guiding the Commission s deliberations. Even if the Petition is
liberally construed on the citizens' behalf, it is clear the Petition does not state grounds to grant
reconsideration. The citizens do not contend that the facts considered by the Commission were
erroneously determined or that the Commission improperly applied the law affecting the
extension of service lines. Accordingly, the Commission finds it necessary to deny the Petition
for Reconsideration.
The Petition for Reconsideration apparently was prompted in part by the citizens
misunderstanding of the federal and state universal service funds. Qwest does not receive USF
ORDER NO. 29627
support from either fund. In addition, neither universal service fund currently is operated in a
way to provide capital contributions for line extensions to isolated areas.
ORDER
IT IS HEREBY ORDERED that the Petition for Reconsideration filed by the citizens
of the Soldiers Meadow area is denied.
THIS IS A FINAL ORDER ON RECONSIDERATION. Any party aggrieved by
this Order or other final or interlocutory Orders previously issued in this Case No. GNR- T -04-
may appeal to the Supreme Court of Idaho pursuant to the Public Utilities Law and the Idaho
Appellate Rules. See Idaho Code g 61-627.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ~i1'
day of November 2004.
PAUL KJElJ
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~li
Commission Secretary
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ORDER NO. 29627