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HomeMy WebLinkAbout20061019notice_of_modified_procedure_order_no_30152.pdfOffice of the Secretary Service Date October 19 2006 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE PETITION OF INLAND CELLULAR TELEPHONE COMPANY) FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER UNDER 47 U.c. ~ 214(e)(2) CASE NO. INC-06- NOTICE OF MODIFIED PROCEDURE NOTICE OF-INTERVENTION DEADLINE ORDER NO. 30152 On June 29, 2006, Inland Cellular Telephone Company filed a Petition on behalf of Washington RSA No.8 Limited Partnership dba Inland Cellular ("Inland" or "Company ) for designation as an eligible telecommunications carrier (ETC) for service areas in Idaho that are currently serviced by other carriers. See Idaho Code ~~ 62-610A and 62-610D and Order No. 29841. See also 47 u.S.c. ~ 214(e)(2). According to the Petition, Inland is authorized by the Federal Communications Commission (FCC) as the "B Band" cellular carrier in the northern section (within Idaho County) of Idaho 2 (B-2) Rural Service Area (RSA). Application at 2. Inland is also licensed by the FCC as the "B Band" cellular carrier and has the authority to serve the southern section of Idaho 1 (B-2) RSA through a Rural Service Area Service Agreement and Option held by Inland Telephone Company. Id Inland is a commercial mobile radio service (CMRS) provider and provides interstate telecommunications services. Id. Inland seeks designation as an ETC and to receive universal service support in certain non-rural wire centers located in Benewah Clearwater, Idaho, Latah, Lewis and Nez Perce Counties. On September 6, 2006, the Commission issued a Notice of Application. Order No. 30123. The Idaho Telephone Association, Citizens Communications of Idaho dba Frontier Communications of Idaho and Potlatch Telephone Company filed Petitions to Intervene. No objections were filed against any of these Petitions, and the Commission granted each Petition. Order No. 30123 and Order No. 30144. In addition, the Commission granted the Motion for Limited Admission filed by out-of-state counsel for Potlatch. Order No. 30144. NOTICE OF MODIFIED PROCEDURE NOTICE OF INTERVENTION DEADLINE ORDER NO. 30152 NOTICE OF MODIFIED PROCEDURE YOU ARE HEREBY NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission s Rules of Procedure, IDAP A 31.01.01.201-204. The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Petition may file a written comment in support or opposition with the Commission within thirty (30) days following the service 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 Petition may be mailed to the Commission and the Company at the addresses reflected below: Commission Secretary Idaho Public Utilities Commission PO Box 83720 Boise, Idaho 83720-0074 Street Address for Express Mail: James K. Brooks Inland Cellular Telephone Company 103 South 2nd Street PO Box 688 Roslyn, Washington 98941 E-mail: ibrooks~inland.net 472 W.Washington Street Boise, ID 83702-5983 These comments should contain the case caption and case number shown on the first page of this document.Persons desiring to submit comments via e-mail may do so by accessing the Commission s home page located at www.puc.idaho.gov.Click the "Comments and Questions icon, and complete the comment form, using the case number as it appears on the front of this document. These comments must also be sent to Inland at the e-mail address listed above. YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set, the Commission will consider this matter on its 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. NOTICE OF MODIFIED PROCEDURE NOTICE OF INTERVENTION DEADLINE ORDER NO. 30152 YOU ARE FURTHER NOTIFIED that the Petition and supporting exhibits have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices or on the Commission s Website at www.puc.idaho.gov under the "File Room" icon and then "Telephone Cases. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission s jurisdiction under Title 62 of the Idaho Code and that the Commission may enter any final order consistent with its authority under Title 62. 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. DEADLINE FOR INTERVENTION YOU ARE FURTHER NOTIFIED that persons desiring to intervene in this matter for the purpose of presenting evidence or cross-examining witnesses at hearing must file a Petition to Intervene with the Commission pursuant to this Commission s Rules of Procedure 72 and 73, IDAP A 31.01.01.072 and - 073. Persons intending to participate at the hearing must file a Petition to Intervene on or before October 30, 2006. Persons seeking intervenor status shall also provide the Commission Secretary with their electronic mail address to facilitate future communications in this matter. YOU ARE FURTHER NOTIFIED that persons desiring to present their VIews without parties ' rights of participation and cross-examination are not required to intervene and may present their comments without prior notification to the Commission or the parties. YOU ARE FURTHER NOTIFIED that the Commission Secretary shall issue a Notice of Parties after the deadline for intervention has passed. Depending on the number of intervenors, the Commission may direct that pleadings and testimony be filed electronically with the other parties. ORDER IT IS HEREBY ORDERED that the Petition of Inland Cellular Telephone Company for designation as an eligible telecommunications carrier under 47 U.C. ~ 214(e)(2) be processed by Modified Procedure, IDAPA 31.01.01.201-.204. Persons interested in submitting written comments in this matter must do so no later than 30 days from the service date of this Order. NOTICE OF MODIFIED PROCEDURE NOTICE OF INTERVENTION DEADLINE ORDER NO. 30152 IT IS FURTHER ORDERED that persons desiring to intervene in this matter for the purpose of presenting evidence shall file a Petition to Intervene with the Commission no later than October 30, 2006. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this let day of October 2006. PAUL KJE ~A MARSHA H. SMITH, COMMISSIONER ENNIS S. HANSEN, COMMISSIONER ATTEST: ~0a,~ ~rz.v Barbara Barrows Assistant Commission Secretary O:INC-O6-cg3 NOTICE OF MODIFIED PROCEDURE NOTICE OF INTERVENTION DEADLINE ORDER NO. 30152