20081205Application.pdf

Richard A. Figan
[phone]
¡v. .. T -08 -02-Law Office of
Richard A. Finnigan
2112 Black Lake Blvd. SW
Olympia, Washington 98512
Fax [phone]
Kathy McCrar, Paralegal
[phone]
rickocalaccess.com kath~ocalaccess.com
December 2,2008
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;;rn(jmIdaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Attn: Grace Seaman
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Re: Midvale Telephone Exchange, Incorporated - Section 63.7"1
Application for Authority to Discontinue Certain Services
Dear Ms. Seaman:
Pursuant to the rules of the Federal Communications Commission found
in 47 C.F.R. § 63.71, attached is a copy of the Application of Midvale Telephone
Exchange, Incorporated to Discontinue Certin Services. Under the FCC's
rules, a copy of the Application is to be sent to your offce. In addition, copies
of customer notification letters are also attached.
This Application affects a small porton of Midvale's operating territory
known as the Connor Creek area. This area is subject to an agreement to
transfer the area to Eagle Telephone System, Inc. The Application affects a
total of twenty-two customers in Oregon and includes some largely unoccupied
land in Idaho.
If you have any questions concerning this matter, please contact the
undersigned.
RAF/km
Enclosures
cc: Steve Child (via e-mail)
Cindy Melilo (via e-mail)
Mike. Lattin (via e-mail)
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Received & Inspected
OCT 3 Ò2008
BEFORE THE
FEDERA COMMICATIONS COMMISSION
WASHIGTON, D.C. 20554
FCC Mail Room
In the Matter of
For Authority to Discontiue Cerai Serices
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Section 63.71 Application of
Midvale Telephone Exchange, Incorporated ;,1.,:,:
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SECTION 63.71 APPLICATION
Midvale Telephone Exchange, Incorporated ("Midvale"), though undersigned
counsel, hereby files ths application to discontiue servces pursuant to Section 63.71 of
the Federal Communcations Commssion's ("Commssion") rues, 47 C.F.R. § 63.71,
and Section 214 of the Communcations Act of 1934, as amended, 47 U.S.C. § 214.
Midvale and Eagle Telephone System, Inc. ("Eagle") filed a joint request with the
Oregon Public Utility Commssion ("OPUC") to remove terrtory from Midvale's serce
area and transfer that terrtory to Eagle's servce terrtory. The OPUC has approved that
petition by Order No. 08-404.1 As a result, Midvale is requied to stop providing local
telephone serce in the area that is subject to the OPUC Order, known as Conner Creek.
Accordigly, Midvale is seekig to discontiue retail provision of local servce,
associated featues and packages, and switched access serces in that area.
1 In the Matter of Eagle Telephone System, Inc., and Midvale Telephone Exchange Application for
theUnallocation, Transfer and Allocation of Certain Territory, VA 114, Order, Order No. 08-404 (entered
August 2,2008).
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Midvale submits the followig inormation in support of its application:
1. Name and address of carrier
Midvale Telephone Exchange, Incorporated
2205 Keithy Creek Rd
Midvale, il 83645
2. Date of planned servce discontiuance
The plan is to transition the customers to Eagle as soon as it may be accomplished
and the Study Area Waiver jointly filed by Eagle and Midvale of even date herewith is
granted. The priar reason for the transfer of the tertory is that the plant that curently
seres those customers is old and subject to frequent outages. It is approxiately a thee
hour trp in each diection for Midvale to dispatch personnel to address the trouble report.
As a result, it has become increasingly expensive to provide servce in that area. Eagle is
adjacent to the Conner Creek area and can constrct new, state-of-the-ar facilities and is
in much closer proximity to attend to trouble reports. Thus, the qualty of servce for the
customers in Conner Creek wil increase and they wil have access to advanced services
for the fist tie.
3. Points of geographic areas of servce affected
As noted, ths is the Conner Creek area. It is in Baker County, Oregon, which is
in the norteast portion of the state. The area also includes a porton ofIdaho. The area
includes: See Exhbit A.
4. Brief description of the tye of servces affected
Midvale will cease offerig retalloca serce, associated featues and packages
and switched access serce.
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5. Brief description of the dates and methods of notice to all affected customers
A notice has been provided to customers. A copy of that notice is attached as
ExhbitB.
It is also anticipated that additional notice wil be given to customers at the point
of cut over from Midvale to Eagle. There are approximately 22 customers in the servce
area.
6. Domiance of carrier with respect to the servce to be discontiued
To the extent that a rual telephone company can be said to be a domiant carer
in a very rual serce market, Midvale is the doÍDant carer for the limted serce area
of Conner Creek, although it is not the domiant carer in either Oregon or Idaho.
7. Servce
In accordance with 47 C.P.R. § 63.7(a), Midvale has mailed a copy of ths
application to the Goveror of Oregon and the OPUC, as well as to the Special Assistant
for Telecommuncations under the Secretar of Defense.
Respectfly submitted ths 27th day of October, 2008.
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. èb.ard A. Fingan
Attorney for Midval, Telephone Exchange,
Incorporated
2112 Black Lake Blvd SW
Olympia, WA 98512
[phone]
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EXHmIT A
In the State of Oregon:
Beging where the Snake River seres as the border between Oregon and Idaho crosses
the norter section line of Section 19, Township 11 South, Range 46 East, W.M., as the
True Point of Beginnng; thence proceeding westerly along the said Nortern secton line
in a westerly direction to the Nortwest comer of Section 24, Township 11 South, Range
45 East; thence South along the Western section line of said Section 24 to the Southeast
comer of Section 35, Township 11 South, Range 45 East, W.M.; thence West along the
Southern section line of said Section 35 to the Nortwest comer of Section 4, Townhip
12 South, Range 45 East; thence South along the Wester section line of said Section 4 to
the Southeast comer of Section 20, Township 12 South, Range 45 East; thence West
along the Souther section line of said Section 20 to the Southwest comer of said Section
20; thence South along the Wester section line of Section 29, Township 12 South,
Range 45 East, W.M.; thence continuig South to the Southwest comer of Section 5,
Township 13 South, Range 45 East; thence along the Souther section lie of said
Section 5 to the point where the Snake River forming the boundar between the States of
Idaho and Oregon crosses the Southern line of Section 4, Township 13 South, Range 45
East, W.M.; thence norteasterly along the midpoint of the Snake River as it exists in
September of 2008, formng the boundar between the States of Oregon and Idaho, to the
True Point of Begig, Baker County, Oregon.
In the State ofIdaho:
Begig at the point that the Snake River crosses the southerly section line of Section
14, Township 14 Nort, Range 7 West, B.M., in the State of Idaho, County of
Washigton, as the True Point of Begig; thence proceeding East to the Southeast
comer of Secton 13, Township 14 Nort, Range 7 West, B.M.; thence proceeding Nort
along the East section line of said Section 13 to the Norteast comer of Section 1,
Townhip 14 Nort, Range 7 West, B.M.; thence West along the Nort section lie of
said Section 1 to the point that the Snake River crosses said section line; thence following
the midline of the Snake River as it exists as of September of 2008 and forms the border
between the States of Oregon and Idaho southwesterly to the True Point of Begig,
Washigton County, Idaho.
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EXHIBITB
(EXHIBIT B, CUSTOMER NOTICES, WERE SCANNED SEPARATELY)
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