20060425order_no_30024.pdf

Office ofthe Secretary
Service Date
April 25, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOSEPH B. McNEAL DBA PAGEDATA
CASE NO. QWE- T -03-
COMPLAINANT
vs.
QWEST CORPORATION, INc.,ORDER NO. 30024
RESPONDENT.
On October 31 , 2003 , PageData filed a Complaint with the Commission alleging that
Qwest Corporation was not in compliance with the reciprocal compensation provisions of the
parties' Interconnection Agreement. Qwest filed a response and PageData filed a subsequent
reply and request for summary judgment. After a lengthy period of unsuccessful settlement
negotiations, the Commission issued Order No. 29687 on January 19, 2005 , dismissing the
Complaint without prejudice. The Commission found that "the arbitration process is the first and
foremost method for resolving disputes under the Interconnection Agreement." Order No. 29687
at 6. PageData s Petition for Reconsideration was denied on March 9 2005. Order No. 29726.
On April 19, 2005 , PageData filed a Notice of Appeal from Commission Order Nos.
29687 and 29726. The matter was briefed, argued, and submitted to the Idaho Supreme Court.
On March 22, 2006, the Idaho Supreme Court issued its opinion in this case Joseph B. McNeal
v. Idaho PUC Idaho -- P.3d (2006 WL 708911)(only the Westlaw citation is
currently available). Although the Court affirmed the Commission s conclusion that the parties
were required to utilize AAA arbitration to settle their dispute, the Court held that the
Commission s final Order "should have been stayed rather than dismissed" without prejudice.
Slip Op. at 6. The Court stated that the case "should be stayed pending the outcome of the
arbitration which may include filing of the (arbitration) decision as an amendment to the
interconnection agreement.Id. at 10. On April 19, 2006, the Commission received the
Remittitur in this matter, issued by the Court on April 13, 2006, directing that the "Commission
shall forthwith comply with the directive of the Opinion, if any action is required.Remittitur
No. 31844 at 1.
ORDER NO. 30024
D ISCUSSI ON
In compliance with the Court's directive, the Commission amends final Order No.
29687 in this proceeding. In particular, Order No 29687 shall be stayed "pending the outcome of
the arbitration" between the parties. Pursuant to Idaho Code g 61-624 , the Commission amends
the first ordering paragraph in Order No. 29687 by deleting the last sentence ("Consequently, we
dismiss PageData s Complaint without prejudice.). The Commission also deletes the second
ordering paragraph on page 7 that designates Order No. 29687 as a final Order. Any party may
advise the Commission of the outcome of arbitration.
ORDER
IT IS HEREBY ORDERED that Order No. 29687, issued January 19, 2005, is
amended as set out above.
IT IS FURTHER ORDERED that subsequent proceedings in this case be STAYED
pending the outcome of arbitration between /among the parties.
IT IS FURTHER ORDERED that the parties advise the Commission whether further
Commission action is necessary after the arbitration proceeding has been completed.
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this
--tA--
day of April 2006.
;j
ARSHA H. SMITH, C~ISSIONER
ATTEST:
J a D. Jewell
C mmission Secretary
O:QWE-03-
ORDER NO. 30024