20030627MCImetro Petition to Intervene.pdf

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Dean J. Miller (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2565-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
ZO03 JUN 27 Pr'1 I:
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UTILI \ES' COI;jl'11551011
Attorneys for MC/metro Access Transmission Services LLe.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IPUC RESPONSE TO
FCC ORDER ON REVIEW OF SECTION 251
UNBUNDLING OBLIGATIONS OF
INCUMBENT LOCAL EXCHANGE
CARRIERS (CC DOCKET NO. 01-338)
90-DAY REVIEW ON SWITCHING ON HIGH CAPACITY LOOPS
CASE NO. GNR- T -03-
PETITION TO INTERVENE
Pursuant to the Idaho Public Utility Commission s ("Commission ) rules of Procedure 72
and 73, IDAPA 31.01.01.072 and -073 , MCImetro Access Transmission Services LLC ("MCI"
a competitive local exchange carrier providing local exchange service in Idaho, hereby petitions to
intervene in this proceeding. As of the date of filing this pleading, the FCC has not issued its
written order in its Triennial Review proceeding that has spawned this docket.
MCI is filing this pleading at this time only because this Commission has stated that
interested parties "should" intervene at this time. At this time, MCI does not expect to participate
in what is referred to as the 90-day proceeding based upon the nature of that proceeding as it has
been described in the FCC's press release on February 20, 2003. However, if the FCC's order
causes MCI to change its position, it may then decide to participate. In the event the FCC's
written order expands the nature of the 90-day proceeding, causes the 90-day proceeding to have
any precedential impact on the 9-month proceeding, or otherwise changes the 90-day proceeding
MCIMETRO ACCESS TRANSMISSION SERVICES LLC PETITION To INTERVENE-
in a manner that MCI considers detrimental to its interests, MCI may participate. Otherwise , MCI
will not participate and will likely withdraw its intervention in the 90-day proceeding.
All pleadings, papers and other documents should be served upon:
Dean 1. Miller (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2565-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
Participation by MCI will not unduly broaden the issues herein.
In order to expedite consideration of this matter, MCI advises the Commission of the
following views ofthis and the related proceeding:
The 90-day proceeding and the 9-month proceeding can run concurrently, but there should
be no direct or indirect relationship between the two proceedings. The two proceedings involve
different presumptions and different facts, the nature ofthe PUC's inquiry will be materially
different, and the proceedings necessarily will follow different timelines. For these same reasons
the 90-day proceeding should have no precedential impact on the 9-month proceeding. Otherwise
parties not planning to participate in the 90-day proceeding will be compelled to participate in
both cases, present evidence and raise arguments in order to preserve their position on such
matters in the 9-month proceeding. It would be inefficient and unproductive to encourage this
unnecessary proliferation of parties and expansion of the 90-day proceeding, and would unduly
complicate the PUC's task of timely completing the 90-day process. So as not to unduly burden
the 90-day proceeding, the Commission should make clear that that proceeding will not have any
precedential effect and the results will not be binding on parties to the 9-month proceeding.
MCIMETRO ACCESS TRANSMISSION SERVICES LLC PETITION To INTERVENE-
WHEREFORE, MCI respectfully requests that this petition be granted and that MCI be
accorded party status will full right of participation.
Dated thi~th day of June, 2003.
MCI Metro Access Transmission Services LLC
By:~\U~~
MCIMETRO ACCESS TRANSMISSION SERVICES LLC PETITION To INTERVENE-