28181.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE PETITION BY C-SYSTEMS, INC. D/B/A NETLINK FOR ARBITRATION WITH GTE NORTHWEST, INC. PURSUANT TO THE FEDERAL TELECOMMUNICATIONS ACT OF 1996. )
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CASE NOS. CSY-T-99-1
GTE-T-99-2

NOTICE OF
PROCEDURAL ORDER

ORDER NO. 28181

On August 31, 1999, C-Systems, Inc. d/b/a Netlink filed a Petition for Arbitration with GTE Northwest Incorporated pursuant to Section 252(b) of the federal Telecommunications Act of 1996. A Notice of Petition for Arbitration was issued by the Commission on September 10, 1999. C-Systems has submitted seven issues for arbitration.
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 Commissions Rules of Procedure will be permitted in this proceeding. The parties shall provide responses to discovery requests within ten days. The last day discovery may be served is October 25, 1999. 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. Copies of discovery requests and responses should not be provided to the arbitrator.
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 ten 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 two days.
Arbitrators 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 December 1, 1999.
Schedule: A prehearing conference was convened on October 7, 1999. The parties proposed and the arbitrator adopted the following schedule in this case:

Parties discuss progress re: OSS
Parties file arguments re: Interim
Interconnection Agreement

Possible telephonic Status Conference re: OSS
Direct testimony of the parties filed on
evidentiary issues

Prehearing briefs filed on non-factual issues
Rebuttal testimony of the parties filed
Hearing in Boise
Post-Hearing Briefs
Arbitrators Decision
Exceptions to Arbitrator’s Decision
October 13-14, 1999
October 14, 1999

October 15, 1999
October 20, 1999

October 22, 1999
November 1, 1999
November 9-10, 1999
November 22, 1999
December 1, 1999
December 10, 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. Parties shall comply with the schedule set out in the body of this Order.
IT IS FURTHER ORDERED that John Antonuk is appointed as the Commission’s arbitrator in this case. The parties shall equally share in paying for the costs of the arbitrator.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of October 1999.

Commissioner Hansen Out of the Office
DENNIS S. HANSEN, PRESIDENT

/s/
MARSHA H. SMITH, COMMISSIONER

/s/
PAUL KJELLANDER, COMMISSIONER

ATTEST:

/s/
Barbara Barrows
Assistant Commission Secretary

vld/O-csyt991_gtet992_dh2

PROCEDURAL ORDER
ORDER NO. 28181 -3-

Office of the Secretary
Service Date
October 8, 1999