20050511Final Order No 29779.pdf

Office of the Secretary
Service Date
May 11 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
McLEO D USA TELECO MMUNI CA TI 0 NS
SERVICES, INC. FOR ENFORCEMENT OF
INTERCONNECTION AGREEMENT WITH
QWEST CORPORATION ORDER NO. 29779
CASE NO. MTI-O5-
On March 30, 2005 McLeodUSA Telecommunications Services, Inc. filed a
Complaint for Enforcement of Interconnection Agreement and Motion for Emergency Relief
against Qwest Corporation. After Qwest agreed to abide by a Temporary Restraining Order
issued in similar litigation in Colorado, McLeod withdrew its request for emergency relief.
April 20, 2005 Qwest filed both an answer and a Motion to Dismiss. Qwest's Motion to
Dismiss was based on withdrawal of its earlier demand for a security deposit from McLeod
which demand was the basis for McLeod's Complaint. On May 4, 2005 McLeod filed a
response to Qwest's Motion , which it also titled Motion to Dismiss. McLeod's Motion states
that it "now wishes to withdraw the Complaint without prejudice " apparently because the two
Companies "are close to reaching negotiated resolution of the security deposit issues underlying
the Complaint."
Based on the two Motions to Dismiss filed by the parties, the Commission finds it
appropriate to dismiss McLeod's Complaint and close the case.
ORDER
IT IS HEREBY ORDERED that the Motions to Dismiss filed by Qwest and McLeod
are granted and this case is hereby dismissed and closed.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ 61-626.
ORDER NO. 29779
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this / /1"-
day of May 2005.
~d~ lJ
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSEN, COMMISSIONER
ATTEST:
€i!f La
D. Jewell
ISSlon Secretary
bls/O:MTIT0501 ws
ORDER NO. 29779