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Home My WebLink About20030617Citizens Protests Comments Motion for Stay.pdf117:2. i;r' \ C. " ' " 1 , :1 rf: tLJ ,.." 2003 JUU ! 7 Ar1 8: 05 Morgan W. Richards, ISB No. 1913 MOFFATT, THOMAS, BARRETT, ROCK & FIELDS, CHARTERED 101 S. Capitol Boulevard, 10th Floor Post Office Box 829 Boise, Idaho 83701 Telephone: (208) 345-2000 Facsimile: (208) 385-5384 mwr~moffatt.com 15-881.19 , i :. . . '_.. : ' UT:Uij,~S CO;'H4iSSI0N Attorneys for Citizens Telecommunications Company ofIdaho, Potlatch Telephone Company, CenturyTel ofIdaho, and CenturyTel ofthe Gem State BEFORE THE IDAHO PUBLIC SERVICE COMMISSION IN THE MATTER OF THE PETITION OF IA COMMUNICATIONS, INc., d.a. NTCH- IDAHO, INc. OR CLEAR TALK FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER Case No. GNR-03- IN THE MATTER OF THE APPLICATION OF NPCR, INC. DBA NEXTEL PARTNERS SEEKING DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER Case No. GNR-03- PROTESTS, COMMENTS, AND MOTION FOR STAY COME NOW Citizens Telecommunications Company ofIdaho ("Intervenor ) and Potlatch Telephone Company, CenturyTel ofIdaho, and CenturyTel of the Gem State Protestants ) and file these Protests, Comments, and Motion to Stay in response to the Applications ofIAT Communications, Inc. ("Clear Talk") and NPCR, Inc. ("Nextel") and in RESPONSE TO THE PROTEST OF IDAHO TELEPHONE ASSOCIATION - 1 BOI MT2:514245. response to the "Protest ofIdaho Telephone Association" relating to these applications. Intervenor and Protestants are all rural telephone companies authorized by the Idaho Public Utilities Commission ("Commission ) to serve rural areas in Idaho. Protestants' service territories have not been designated by Clear Talk or Nextel as part oftheir current applications and, as a consequence, Protestants have not formally intervened in the cases. Nonetheless, any precedent established by the Commission with regard to these ETC applications will affect Intervenor and Protestants in the future. Pursuant to IDAP A Rules 203 and 324 of the Commissions' Rules of Procedure and in response to Commission Order No. 29240 , the Intervenor and Protestants request a stay in the above-entitled proceedings until such time as the Federal Communications Commission has issued its ruling in Docket No. 96-45. Comments in this case were filed by affected parties on May 5 , 2003 , and June 3, 2003. A decision by the FCC is anticipated towards the end of 2003 or the beginning of 2004. Intervenor and Protestants believe that failure to wait for the FCC decision may lead to a number of problems. For example, competitors requesting ETC status in Idaho might end up being judged by two entirely different sets of criteria--the existing test now and a different test after the FCC issues its order. This could result in an unfair advantage as to one or more CETCs and/or a disadvantage as to one or more ILECs. In addition, the amount of any potential support may change thereby affecting a decision to apply or withdraw. From the standpoint of efficiency and cost, changes at the FCC level may even make the Idaho proceeding unnecessary. If for some reason the Idaho Commission decides not to stay the current proceedings, Intervenor and Protestants concur with the request by the Idaho Telephone Association ("IT A") for a full evidentiary hearing. At this point, the record appears inadequate to RESPONSE TO THE PROTEST OF IDAHO TELEPHONE ASSOCIATION - 2 BOI MT2:514245. make an informed decision and Intervenor and Protestants would be aided in filing written comments following such a hearing by the development of a record. WHEREFORE, Intervenor and Protestants request that the above entitled cases and Order No. 29240 be stayed pending the issuance of a ruling by the FCC in Docket No. 96-45. In the alternative, Intervenor and Protestants concur in the ITA's request for a full evidentiary hearing. Respectfully submitted this 16th day of June, 2003. MOFFATT, THOMAS, BARRETT, ROCK & FIELDS, CHARTERED yJ(Sr (J" ~ Morg . Richards - Of the irm Attorneys for Citizens Telecommunications Company of Idaho, Potlatch Telephone Company, CenturyTel ofIdaho, and CenturyTel ofthe Gem State RESPONSE TO THE PROTEST OF IDAHO TELEPHONE ASSOCIATION - 3 BOI MT2:514245. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the .('~ ay of June, 2003, I caused a true and correct copy of the foregoing PROTESTS, COMMENTS, AND MOTION TO STAY to be served by the method indicated below, and addressed to the following: Jean Jewell IDAHO PUBLIC UTILITIES COMMISSION 472 West Washington Street Post Office Box 83720 Boise, Idaho 83720-0074 Molly O'Leary, Esq. RICHARDSON & O'LEARY, PLLC 99 East State Street, Suite 200 Eagle, Idaho 83616 ()() u.S. Mail, Postage Prepaid ( ) Hand Delivered Overnight Mail f:(J Facsimile Sean P. Farrell, Esq. IAT Communications, Inc. NTCH-Idaho Inc., dba Clear Talk 703 Pier Avenue, Suite B, PMB 813 Hermosa Beach, California 90254 Dean J. Miller, Esq. 420 West Bannock Post Office Box 2564-83701 Boise, Idaho 83702 ( ) u.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail f;() Facsimile 90 u.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile Philip R. Schenkenberg, Esq. 2200 First National Bank Building 332 Minnesota Street St. Paul, Minnesota 55101 Conley Ward GIVENS PURSLEY LLP 277 North 6th Street, Suite 200 Post Office Box 2720 Boise, Idaho 83701 ( ) u.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail Facsimile 00 u.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile ( ) u.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail (yJ Facsimile Lance A. Tade, Manager State Government Affairs Citizens Telecommunications Company ofIdaho 4 Triad Center, Suite 200 Salt Lake City, UT 84180 (jJ u.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile RESPONSE TO THE PROTEST OF IDAHO TELEPHONE ASSOCIATION - 4 BOI MT2:514245. Robert M. Nielsen 548 E Street Post Office Box 706 Rupert, Idaho 83350 Charles H. Creason, Jr. President and General Manager Project Mutual Telephone Cooperative Association, Inc. 507 G Street Post Office Box 366 Rupert, Idaho 83350 ~ U.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile QO U.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile f'.- ~~ Morgan . Richards RESPONSE TO THE PROTEST OF IDAHO TELEPHONE ASSOCIATION - 5 BOI MT2:514245.