20021030Qwest Motion to Continue Hearing.pdf

Mary S. Hobson (ISB #2142)
Stoel Rives LLP
101 S. Capitol Blvd., Suite 1900
Boise, ID 83702
Tele: [phone]
Fax: [phone]
RECEIVED (XJFILED
ZnU2 OCT 30 Pr'1 5:
......
UTILITIES COt"!fiISSION
Stephanie Boyett-Colgan
Qwest Service Corporation
1801 California Street - 47th Floor
Denver, CO 80202
Tele: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IDAHO TELEPHONE ASSOCIATION
CITIZENS TELECOMMUNICATIONS
COMPANY OF IDAHO, CENTURYTEL OF
IDAHO, CENTURYTEL OF THE GEM
STATE, POTLATCH TELEPHONE
COMPANY and ILLUMINET, INe.
CASE NO QWE- T -02-
MOTION TO CONTINUE HEARING
Complainants
QWEST CORPORATION
Respondent.
Qwest Corporation (Qwest), by and through its attorneys of record, moves this
Commission for an order continuing the hearing of this matter for a period of not less than thirty
days to such time as the Commission and the parties find convenient for rescheduling of the
hearing.
This continuance is being sought to allow Qwest the opportunity to conduct discovery,
and to prepare and file testimony in response the Direct Testimony of Charles H. Creason
1 The Complaint names Qwest Communications, Inc. as the Respondent, but the proper party is Qwest
Corporation.2 Under this Commission s Procedural Order No. 29097, direct testimony has to have been filed September
2002.
MOTION TO CONTINUE HEARING -
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received by Qwest on October 21 . This filing on behalf of the Idaho Telephone Association
(ITA) requires additional time to respond because Mr. Creason was not previously identified as a
witness and ITA stated in response to a Qwest interrogatory that its members use "Syringa
Networks LLC" to provide signaling system seven ("SS7") to the ITA members' end users when
Mr. Creason s testimony appears to rely upon a contract with a previously unidentified entity,
System Seven " as the basis for the provision of SS7 to ITA member customers. Qwest intends
to present evidence that contradicts Mr. Creason s testimony in certain important respects.
Qwest further submits that Mr. Creason s testimony points to a basic flaw in the way that
this case is being presented by Complainants that should be corrected before this case is heard by
the Commission. According to interrogatory responses provided by IT A to Qwest, only two IT A
members are served4 by Illuminet, while only one is served by Qwest. All other IT A members
are served by either System Seven or Syringa Networks LLC. These entities have not been
named as parties to this case nor has their relationship to the issues been clearly spelled out for
the Commission. Nevertheless, the preexisting arrangements between Qwest and the independent
local exchange carriers (ILECs) and the alleged impact on ILEC customers is a key part of the
argument the Complainants present to this Commission in their testimony.
Qwest believes that the additional time requested herein will, at a minimum, allow Qwest
and the other parties to this case to clarify the issues for presentation to the Commission. In
addition, Qwest is hopeful that it will facilitate narrowing of the issues and the possibility
settlement. Furthermore, Qwest submits that no party will be prejudiced by this continuance
since the disputed charges are not being paid by any Illuminet, or any other party to this case
pending its outcome.
3 Service of this testimony was by mail, Qwest is not aware when it was filed with the Commission.4 In this context being served by another entity means that the exchange carrier obtains SS7 signaling
through that entity.
MOTION TO CONTINUE HEARING -
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Qwest's undersigned counsel states that she has contacted the attorneys for the parties
herein and that counsel for the IT A, Conley Ward, has indicated that IT A will not support this
Motion. The undersigned further states that although she has left messages for Mr. Richards
who represents Citizens and ELI and Mr. Moorman, who represents Illuminet, Inc., these
messages have not been returned.
Respectfully submitted this 30th day of October, 2002.
k#~
Attorneys for Qwest Corporation
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