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HomeMy WebLinkAbout20030602Reconsideration Order No 29251.pdfOffice of the Secretary Service Date June 2, 2003 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IDAHO TELEPHONE ASSOCIATION, CITIZENS TELECOMMUNICATIONS 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. 29251 RESPONDENT. The Commission issued its final Order No. 29219 in this complaint case on April 15 2003. The Complainants, Idaho Telephone Association, Citizens Telecommunications of Idaho Electric Lightwave, Inc, and Illuminet, filed the case challenging Qwest's implementation of new message charges in its Southern Idaho Access Service Catalog. The Commission concluded in Order No. 29219 that application of new Signaling System Seven (SS7) message charges by Qwest "to local/EAS traffic, to joint access traffic subject to meet-point-bill arrangements, and to intraLA T A toll traffic originated by a Qwest customer, was improper and in violation of existing rates or inter-carrier arrangements." Order No. 29219 p. 22. On May 5 , 2003, Qwest filed a Motion for Stay of Order No. 29219, pending resolution of its Petition for Reconsideration and, if filed, an appeal, and on May 6 the Company filed a Petition for Reconsideration.The Complainants also filed a timely Petition for Reconsideration and Clarification addressing two discrete points in the Commission s Order. The Complainants and Qwest all filed responsive pleadings to the Petitions for Reconsideration. COMMISSION DECISION Pursuant to Idaho Code ~ 61-626 "within twenty-eight days after the filing of a petition for reconsideration the Commission shall determine whether or not it will grant such 1 Qwest's response to the Complainants reconsideration petition was styled as an "Answer. . . and Cross Petition for Reconsideration. " ORDER NO. 29251 reconsideration, and make and enter its order accordingly. If reconsideration be granted, said order shall specify how the matter will be reconsidered(. The Commission has determined that the complexity of issues surrounding the parties' Petitions for Reconsideration , Answers, and Cross Petition for Reconsideration requires us to thoroughly review the record in this matter in order to render our decision. To preserve the status quo, the Commission will grant Qwest's Motion for a Stay pending issuance of the Commission s Order on the Petitions for Reconsideration. Accordingly, the Commission will grant the Petitions for Reconsideration for the limited purpose of determining whether based on the record we should modify Order No. 29219 or conduct a supplemental hearing as requested by Qwest. ORDER IT IS HEREBY ORDERED that the parties ' Petitions for Reconsideration are granted. The Commission will review the record in this matter in order to determine whether it should modify Order No. 29212 or convene a supplemental hearing. IT IS FURTHER ORDERED that the effect of Order No. 29219 is stayed pending issuance ofthe Commission s Order on Reconsideration. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this JOfI- day of May 2003. ~. JJ ~~L SHA H. SMITH, COMMISSIONER ATTEST:~tDJe D. Jewell Commission Secretary O:QWET0211 ws6 ORDER NO. 29251