20050919notice of proposed order.pdf

Office of the Secretary
Service Date
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
September 19 2005
IN THE MATTER OF PAGEDATA'S PETITION
FOR ARBITRATION OF INTERCONNECTION
RATES, TERMS AND CO ND ITI 0 NS AND
RELATED ARRANGEMENTS WITH QWEST
CORPORATION PURSUANT TO SECTION 252(b)
OF THE FEDERAL TELECOMMUNICATIONSACT.
IN THE MATTER OF W A VESENT LLC'
PETITION FOR ARBITRATION OF
INTERCONNECTION RATES, TERMS AND
CONDITIONS AND RELATED ARRANGEMENTS
WITH Q WEST CO RPO RA TI ON PURSUANT TO SECTION 252(b) OF THE FEDERAL
TELECOMMUNICATIONS ACT.
CASE NO. GNR-O4-
CASE NO. GNR-O4-
NOTICE OF
PROPOSED ORDER
In March 2004, PageData and WaveSent (the "Pagers ) filed Petitions for Arbitration
requesting that the Commission arbitrate issues between the Pagers and Qwest Corporation
pursuant to Section 252(b) of the federal Telecommunications Act. In Order No. 29463 , the
Commission consolidated these cases into a single proceeding. Although the parties entered into
interconnection negotiations in May 2004, they have not filed new interconnection agreements to
replace their current agreements.
NOTICE OF PROPOSED ORDER
YOU ARE HEREBY NOTIFIED that Procedural Rule 312 allows the Commission to
issue a Proposed Order in any proceeding. IDAP A 31.01.01.312. Pursuant to Rule 312, the
Commission is issuing the attached Proposed Order for comment. The parties may file
comments or exceptions to the Proposed Order within twenty-one (21) days of the service of this
Notice. In addition, the parties may file replies to the other parties' comments or exceptions no
later than seven (7) days after service of the initial comments or exceptions.
YOU ARE FURTHER NOTIFIED that the Commission may adopt or revise a
Proposed Order in response to the filed comments and issue a final Order accordingly. The
Proposed Order is not an Order of the Commission unless it is later adopted by an Order.
NOTICE OF PROPOSED ORDER
DATED at Boise, Idaho this
bls/O:GNR-04-05 GNR-04-06 dh3
NOTICE OF PROPOSED ORDER
h-J-rA/day of September 2005.
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Bar ara Barrows
Assistant Commission Secretary
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF P AGEDA T A'S PETITION
FOR ARBITRATION OF INTERCONNECTION
RA TES, TERMS AND CONDITIONS AND
RELATED ARRANGEMENTS WITH QWEST
CORPORATION PURSUANT TO SECTION 252(b) )
OF THE FEDERAL TELECOMMUNICATIONSACT.
IN THE MATTER OF W VESENT LLC'
PETITION FOR ARBITRATION OF
INTER CO NNECTI ON RATES, TERMS AND
CONDITIONS AND RELATED ARRANGEMENTS
WITH QWEST CORPORATION PURSUANT TO
SECTION 252(b) OF THE FEDERAL TELECOMMUNICATIONS ACT.
CASE NO. GNR-O4-
CASE NO. GNR-O4-
PROPOSED ORDER
In March 2004, Joseph B. McNeal on behalf of PageData and WaveSent, LLC
(collectively referred to as the "Pagers ) filed separate Petitions for Arbitration requesting that
the Commission arbitrate unresolved issues necessary to complete new interconnection
agreements between the Pagers and Qwest Corporation. The Pagers requested that the
Commission arbitrate approximately 30 unresolved interconnection issues. Because the Pagers
Petitions raised nearly identical issues, the Commission consolidated the Petitions into a single
proceeding pursuant to Rule 247. IDAPA 31.01.01.247.
In Order No. 29463 , the Commission recognized that the federal Telecommunications
Act of 1996 requires each telecommunications carrier to "interconnect directly or indirectly with
the facilities and equipment of other telecommunications carriers.Order No. 29463 at 2
quoting 47 U.C. ~ 251(a). Congress envisioned that carriers would enter into "interconnection
agreements" through voluntary negotiation or through arbitration. "To encourage voluntary
negotiations, a request for arbitration cannot be filed before the 135th day or after the 160th day
from when the incumbent (local exchange carrier receives a request to negotiate an
interconnection agreement." Id. quoting Order No. 29140 at 9; 47 U.C. ~ 252(b)(1).
I PageData filed its Petition for Arbitration on March 23, 2004, WaveSent filed its Petition on March 25, 2004.
PageData and WaveSent amended their Petitions on April 12, 2004.
PROPOSED ORDER
Qwest filed a response to the Petitions and requested that the Commission dismiss the
Petitions on several grounds. Qwest noted that the parties began interconnection negotiations in
May 2004. Qwest Response and Motion to Dismiss at 5. In August and December 2004, Staff
inquired about the status of the interconnection negotiations. The parties have not filed any
interconnection agreements to replace their current agreements. Given the passage of time and
the lack of activity, the Commission on its own motion finds it reasonable to administratively
close these cases without prejudice.
ORDER
IT IS HEREBY ORDERED that these cases be closed.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case Nos. GNR-04-
5 and GNR- T -04-6 may petition for reconsideration within twenty-one (21) days of the service
date of this Order with regard to any matter decided in this Order or in interlocutory Orders
previously issued in this Case Nos. GNR- T -04-5 and GNR- T -04-6. Within seven (7) days after
any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ ~ 61-626 and 62-619.
PROPOSED ORDER
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of September 2005.
PAUL KJELLANDER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
Jean D. Jewell
Commission Secretary
bls/O:GNR- T -04-05 GNR- T -04-06 dh4
PROPOSED ORDER