HomeMy WebLinkAbout28162.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF GST TELECOM IDAHO, INC.’S PETITION FOR ARBITRATION PURSUANT TO SECTION 252(b) OF THE TELECOMMUNICATIONS ACT OF 1996 OF THE RATES, TERMS, AND CONDITIONS OF INTERCONNECTION WITH U S WEST.
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CASE NO. GST-T-99-1
PROCEDURAL ORDER
ORDER NO. 28162
On August 26, 1999, GST Telecom Idaho, Inc. filed a Petition for Arbitration with U S WEST pursuant to Section 252(b) of the Telecommunications Act of 1996. A Notice of Petition has been set to U S WEST, notifying U S WEST that it has until September 20 to file a response to GST’s Petition. GST identifies 64 issues to be resolved by the arbitration. If the statutory time line for arbitration is followed, the Commission must complete the arbitration and issue and Order by December 19, 1999.
In order to provide a schedule and address other issues for this arbitration, the Commission finds that it is appropriate to issue this Procedural Order.
Arbitrator: The Commission appoints John Antonuk, Liberty Consulting Group, as arbitrator for this proceeding. The parties are responsible for paying the costs of the arbitration and must make the appropriate arrangements with the arbitrator.
Discovery: Discovery permitted by the Rules of the Commissions Rules of Procedure will be permitted in this proceeding. The parties shall provide responses to discovery requests within seven days. In addition, the parties must cooperate in good faith by promptly and informally exchanging all documents and other information relevant to the disputed issues, subject to claims of privilege or confidentiality. Failure to exchange information may be deemed a failure to negotiate in good faith under the Act. Although under the Commissions discovery rule, requests and responses are not filed with the Commission, the arbitrator may require that copies of discovery requests and responses be provided to him.
Request for Information: Pursuant to 47 U.S.C. 252(b)(4)(B), the arbitrator may require the parties to provide any information necessary to reach a decision on unresolved issues. If any party refuses or fails unreasonably to respond in a timely basis to any reasonable request by the arbitrator, then the arbitrator and the Commission may proceed on the basis of the best information available from whatever source derived. The parties will respond to such requests for information from the arbitrator within seven days, unless another time is set by the arbitrator.
Prehearing Conferences: The arbitrator may hold a prehearing conference to identify and discuss the issues to be resolved; review scheduling issues and the status of discovery and address discovery disputes; discuss motions anticipated by the parties; and other such issues. At the time of the conference, either party may request a decision from the arbitrator requiring a response to any outstanding discovery request. Such a request for a decision for discovery should include an explanation of why the information is necessary to reach a decision on an unresolved issue. The arbitrator shall determine the date and time for any prehearing conference(s), which may be conducted by conference calls.
Hearing Procedures: Hearing procedures shall be determined by the arbitrator. The arbitration hearing is scheduled to last no more than four days.
Arbitrators Decision: The arbitrator is authorized to issue an Arbitration Decision which shall constitute a recommended resolution by the Commission of the issues submitted for arbitration, subject to final Commission review. The Arbitration Decision shall comply with the requirements of 47 U.S.C. 252(c) and must be provided to the Commission on or before November 23, 1999.
Schedule: The following schedule is adopted for this case:
Direct testimony of the parties filed
Rebuttal testimony of the parties filed
Hearing commences
Post-Hearing Briefs
Arbitrators decision
Exceptions to Arbitrator’s Decision
October 20, 1999
October 27, 1999
November 1-4, 1999
November 15, 1999
November 23, 1999
December 6, 1999
O R D E R
IT IS HEREBY ORDERED that the schedule and procedural provisions contained herein are adopted by the Commission to process this arbitration proceeding.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of September 1999.
DENNIS S. HANSEN, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
PAUL KJELLANDER, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
bls/O-gsstt991_ws
PROCEDURAL ORDER
ORDER NO. 28162 -1-
Office of the Secretary
Service Date
September 23, 1999