20021104Order No 29149.pdf

Office of the Secretary
Service Date
November 4 2002
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IDAHO TELEPHONE ASSOCIATION
CITIZENS TELECO MMUNI CA TI 0 NS CASE NO. QWE-O2-
COMPANY OF IDAHO, CENTURYTEL OF
IDAHO, CENTURYTEL OF THE GEM
STATE, POTLATCH TELEPHONE
COMPANY AND ILLUMINET, INc.
COMPLAINANTS
vs.
QWEST CORPORATION, INc.,ORDER NO. 29149
RESPONDENT.
Qwest filed on October 30, 2002, a Motion to Continue Hearing in this case "for a
period of not less than thirty days." The hearing is set to convene Wednesday, November 6
2002. Qwest filed a motion "to allow Qwest an opportunity to conduct discovery, and to prepare
and file testimony," in response to new direct testimony filed by the Idaho Telephone
Association (ITA). Qwest states that the testimony was filed on the date for rebuttal testimony
by a witness not previously identified and that his direct testimony identifies an entity not
previously disclosed to Qwest relevant to the provision of SS7 service to ITA members. Qwest
asserts 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.Qwest also
expressed hope that a postponement "will facilitate narrowing of the issues and the possibility of
settlement. "
A response in opposition to Qwest's motion was filed November 1, 2002, by the
complaining parties. The Complainants contend the inconvenience resulting from a delay is too
great because the parties have made travel arrangements for witnesses and attorneys. Regarding
the direct testimony filed on the date for rebuttal testimony, the parties assert the witness
testimony was filed to rebut a Qwest witness ' testimony and was merely mislabeled as direct
testimony. In response to Qwest's suggestion a delay may facilitate settlement discussions , the
Complainants contend their complaint was filed "only after extensive efforts were made to
ORDER NO. 29149
resolve the issues without formal Commission resolution " and Qwest "has failed to initiate any
substantive discussions in an effort to resolve those issues since the filing of the Complaint."
The Commission has determined to grant the Motion to Continue Hearing filed by
Qwest. Although granting a continuance at this late date no doubt will create an inconvenience
the Commission strongly supports attempts to clarify issues and the positions of the parties prior
to convening a hearing. The Commission also encourages the parties to make a good faith effort
to discuss settlement now that their positions have been set out in prefiled testimony. The fact
that Qwest may have been unresponsive to previous settlement attempts should not now preclude
meaningful discussions.
In order to minimize the delay caused by granting Qwest's motion , the Commission
will reschedule the hearing in this case for December 10-, 2002. This Order will serve as
notice to the parties that the hearing will convene on that date in the Commission s hearing
room. In addition, because Qwest's motion was filed so near the hearing date, Qwest should be
prepared to compensate the Complainants for any extra travel costs incurred as the result
Qwest's motion.
ORDER
IT IS HEREBY ORDERED that the Motion to Continue Hearing filed by Qwest is
granted. The hearing date of November 6-, 2002 is vacated and the hearing is rescheduled to
convene December 10 2002, at 9:30 a.m. in the Commission s Hearing Room in Boise, Idaho.
ORDER NO. 29149
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this Lfof1t.
day of November 2002.
~IDENT
Commissioner Smith Dissents wi thout Opinion
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~t).if.D. Jewell
Commission Secretary
bls/O:QWETO211 ws3
ORDER NO. 29149