28182.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF CERTAIN MEMBERS OF THE IDAHO TELEPHONE ASSOCIATION FOR AUTHORITY TO REVISE THE IDAHO RURAL EXCHANGE CARRIERS TARIFF NO. 2 ADDING AN EQUAL ACCESS RECOVERY CHARGE. )
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CASE NO. GNR-T-99-20

NOTICE OF TARIFF REVISION

NOTICE OF MODIFIED PROCEDURE

NOTICE OF SUSPENSION

ORDER NO. 28182

NOTICE OF TARIFF REVISION
YOU ARE HEREBY NOTIFIED that on September  10, 1999, the Idaho Telephone Association (“ITA”) filed a Joint Application on behalf of Albion Telephone Company, Fremont Telcom, Columbine Telephone Company, Inc. dba Teton Telecom Communications, Cambridge Telephone Company, Direct Communications, Inc., Rural Telephone Company and Silver Star Company requesting authority to revise their respective Idaho Rural Exchange Carriers Tariff No. 2 adding an equal access recovery charge (EARC) for each of the respective companies. The EARC adds the terms, conditions and rates for providing intraLATA toll dialing parity in Idaho pursuant to the Commission’s Order No. 28064.
YOU ARE FURTHER NOTIFIED that 47 U.S.C. § 251(b)(3) requires all local exchange carriers (LECs) to provide toll dialing parity to competing providers of telephone exchange service and telephone toll service, and to permit all such providers to have nondiscriminatory access to telephone numbers, operator services, directory assistance, and directory listing, with no unreasonable dialing delays.
YOU ARE FURTHER NOTIFIED that toll dialing parity, also referred to as “1 plus equal access” or carrier presubscription, allows a customer to pre-select a carrier for intrastate, intraLATA toll calls and then access his chosen carrier simply by dialing 1 plus the telephone number. Without dialing parity, a customer wishing to use a specific toll carrier may be required to dial a series of numbers before dialing the telephone number.
YOU ARE FURTHER NOTIFIED that the ITA proposes that incremental expenses relating to intraLATA toll dialing implementation (Equal Access Recovery Charges) be recovered through a surcharge per originating intraLATA access minute imposed on the participating intraLATA interexchange (IXC) companies over a 24-month period beginning October 10, 1999 of
$0.00362/min Albion
$0.001985/min Fremont
$0.04090/min Teton
$0.00349/min Cambridge/Council
$0.01907/min Direct Communications
$0.00446/min Rural Telephone
$0.02172/min Silver Star

NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in these matters and will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission's Rules of Procedure, IDAPA 31.01.01.201 through -.204.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on these revisions to the respective carrier’s Idaho Rural Exchange Carriers Tariff No. 2 may file a written comment in support or opposition with the Commission within twenty-one (21) days from the date of this Notice. The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments. Written comments concerning this revision shall be mailed to the Commission and the ITA at the address reflected below:
COMMISSION SECRETARY CONLEY E. WARD
IDAHO PUBLIC UTILITIES COMMISSION GIVENS PURSLEY LLP
PO BOX 83720 P.O. BOX 2720
BOISE, IDAHO 83720-0074 BOISE, IDAHO 83701-2720

Street Address for Express Mail:

472 W WASHINGTON ST 277 NORTH SIXTH STREET, SUITE 200
BOISE, IDAHO 83702-5983 BOISE, IDAHO 83701-2720

These comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that if no written comments are received within the time limit set, the Commission will consider these matters on their merits and enter its Order without a formal hearing. If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing.
YOU ARE FURTHER NOTIFIED that the revisions to respective Idaho Rural Exchange Carriers Tariffs No. 2 have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
FINDINGS OF FACT
The Commission has jurisdiction over Albion, Fremont, Teton, Cambridge/Council, Direct Communications, Rural and Silver Star and these matters by virtue of Title 61, Idaho Code and specifically Idaho Code  61-303, -503, -507, -622 and -623. The Commission finds that ITA submitted these revisions to its respective member’s Tariffs with an effective date of October 10, 1999. The Commission further finds that those companies affected by the proposed EARCs should be given an opportunity to comment and that it is of sufficient importance and complexity to require an investigation into the reasonableness of the proposed change. The Commission finds that it has authority under Idaho Code  61301, -307, -315, -222 and -623 to suspend this Tariff revision for thirty (30) days plus five (5) months and that it is reasonable and in the public interest to suspend the Tariff revisions for a period of thirty (30) days plus five (5) months from the proposed effective date of October 10, 1999.
O R D E R
IT IS HEREBY ORDERED that upon review of the filings in this case and determination of the Commission, that this Case No. GNR-T-99-20 shall be processed by Modified Procedure, Commission Rules of Procedure 201-204, IDAPA 31.01.01.201-04
IT IS FURTHER ORDERED that the revision to the respective Idaho Rural Exchange Carriers Tariff No. 2 submitted by letter dated September 10, 1999, should be, and hereby is, suspended for a period of thirty (30) days plus five (5) months from their respective proposed effective dates of October 10, 1999, or until such time as the Commission may issue an Order accepting or rejecting or modifying the proposed revisions to Idaho Rural Exchange Carriers Tariff No. 2.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of October 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:gnrt9920_cc

NOTICE OF TARIFF REVISION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF SUSPENSION
ORDER NO.  28182 -1-

Office of the Secretary
Service Date
October 19, 1999