20040518Petition for Clarification of Order 29497.pdf

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: [phone]
Facsimile: [phone]
mwr~moffatt.com
13-090, 14-926
Attorneys for Potlatch Telephone Company, CenturyTel of Idaho, Inc. and CenturyTel of the
Gem State
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF VERIZON AVENUE CORP. FOR A
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES.
Case No. GNR- T -03-
PETITION FOR CLARIFICATION OF
ORDER NO. 29497
COME NOW Potlatch Telephone Company, CenturyTel of Idaho, Inc. and
CenturyTel of the Gem State ("Petitioners ), and pursuant to the Commission s Rules of
Procedure 31.01.01.53., 31.01.01.325 and 31.01.01.326 and Idaho Code Sections 61-624 and
62-615 , file this Petition for Clarification with the Idaho Public Utilities Commission relating to
Order No. 29497. In support of this Petition, the Petitioners state as follows:
On August 15 2004, Verizon Avenue Corp. ("Verizon Avenue; Company ) filed
an Application for a Certificate of Public Convenience and Necessity to provide facilities-based
and resold competitive local exchange and interexchange services within the state of Idaho.
Verizon Avenue intends to offer local exchange service and local toll service by reselling
services obtained through existing local exchange carriers, other than Verizon Northwest, Inc.
On March 30 2004, the Commission issued a Notice of Modified Procedure to
process Verizon Avenue s Application. Written comments were filed by the Idaho Telephone
PETITION FOR CLARIFICATION OF ORDER NO. 29497 - 1 BOI MT2:546876.
Association. IT A noted that Verizon Avenue has not made a bona fide request to any IT
member interconnection, services or network elements. IT A recommended that a grant of
Certificate authority to Verizon Avenue be made subject to the exemption of ITA members from
the obligations of incumbent local exchange carriers under Section 251 (c) of the 1996
Telecommunications Act. The Commission agreed with this request and stated in Order No.
29497 as follows:
IT IS HEREBY ORDERED that the Application ofVerizon
Avenue Corp. for a Certificate of Public Convenience and
Necessity is granted to enable the Company to provide basic local
exchange service with the state of Idaho. Furthermore, this grant
of a CPCN to Verizon Avenue is subject to the exemption of Idaho
Telephone Association members from the obligations of
incumbent local exchange carriers under Section 251 (c) of the
1996 Act, until such time as the requirements for lifting such
exemption contained in Section 251(f) of the 1996 Act have been
met.
Based on Section 251(c) of the 1996 Telecommunications Act and Idaho Code
Section 62-615 , Petitioners request that the Commission clarify Order No. 29497 so that the
exemption is recognized to apply to all rural incumbent local exchange carriers and not just ITA
members.
Oral argument is not requested.
Respectfully submitted this 18th day of May, 2004.
MOFFATT, THOMAS, BARRETT, ROCK &
FIELDS, CHARTERED
By f1A.
(.).
r-'
Morgan W. chards, Jr. - Ofth Firm
Attorneys for Petitioners
PETITION FOR CLARIFICATION OF ORDER NO. 29497 - 2 BOI MT2:546876.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 18th day of May, 2004, I caused a true and
correct copy of the foregoing PETITION FOR CLARIFICATION OF ORDER NO. 29497 to
be served by the method indicated below, and addressed to the following:
Richard P. Kolb
VP- Legal/Regulatory
VERIZON AVENUE CORP.
150 Field Dr., Suite 300
Lake Forest, Illinois 60045
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Jean Jewell
IDAHO PUBLIC UTILITIES COMMISSION
Post Office Box 83720
Boise, Idaho 83720-0074
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Conley E. Ward, Jr.
Michael Creamer
GIVENS PURSLEY
277 N. 6th St., Suite 200
Post Office Box 2720
Boise, Idaho 83701
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Weldon Stutzman
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
Post Office Box 83720
Boise, Idaho 83720-0074
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John Hammond, Deputy AG
IDAHO PUBLIC UTILITIES COMMISSION
472 West Washington Street
Post Office Box 83720
Boise, Idaho 83720-0074
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~W'
-i'Morgan . Richards
PETITION FOR CLARIFICATION OF ORDER NO. 29497 - 3 BOI MT2:546876.