20060425order_no_30011.pdf

Office of the Secretary
Service Date
April 25, 2006
BEFO RE THE ID AD 0 PUBLIC UTILITIES CO MMISSI ON
IN THE MATTER OF THE JOINT PETITION
OF ROBERT RYDER DBA RADIO PAGING
SERVICE AND JOSEPH B. McNEAL DBA
PAGEDATAFORARBITRATIONOF AN
INTERCONNECTION AGREEMENT
DISPUTE.
CASE NO. QWE-04-
ORDER NO. 30011
In November 2004, Radio Paging Service and PageData (collectively referred to as
the Pagers ) filed a Petition for Arbitration against Qwest Corporation. The Pagers requested
that the Commission arbitrate a dispute under their respective Interconnection Agreements with
Qwest. In Order No. 29905 issued November 9 2005 , the Commission declined to arbitrate the
dispute between the parties. The Commission found the respective Interconnection Agreements
contain arbitration clauses which provide that any dispute between the parties shall be resolved
through arbitration conducted by the American Arbitration Association (AAA). Order No.
29905 at 5. The Commission also recognized that this case is similar to the Pagers' appeal in
another case, QWE-03-25.In the 03-25 case, the Commission found that PageData
Interconnection Agreement required PageData to take its disputes with Qwest to arbitration.
Given the similarity of the two cases, the Commission found "there is good cause to stay the
effective date of (the) final Order (in the 04-32 case) until the Supreme Court renders a decision
or until the case is dismissed" in the 03-25 appeal. Order No. 29905 at 6.
In March 2006 the Idaho Supreme Court issued its opinion in the 03-25 appeal
Joseph B. McNeal v. Idaho PUC Idaho -- P.3d (2006 WL 708911).
Although the Court affirmed the Commission s decision that the parties should 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. The
Court's Remittitur was issued April 17, 2006.
DISCUSSION
In compliance with the Court's directive, the Commission amends final Order No.
29905 in this proceeding. In particular, Order No. 29905 shall be stayed "pending the outcome
ORDER NO. 30011
of the arbitration" between the parties. Pursuant to Idaho Code ~ 61-624, the Commission
amends the first ordering paragraph in Order No. 29905 by deleting the last sentence ("
dismiss the Pagers' Petition without prejudice ). The Commission also deletes the third ordering
paragraph on pages 6-7 that designates Order No. 29905 as a final Order. Any party may advise
the Commission of the outcome of arbitration.
ORDER
IT IS HEREBY ORDERED that Order No. 29905 issued November 9, 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 of the Idaho Public Utilities Commission at Boise, Idaho this :25 rr-
day of April 2006.
u;;PAUL KJ LL DER, PRESIDENT
OWL- L1
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Je r1 D. JewellCo ission Secretary
bls/O:QWE-O4-dh4 .
ORDER NO. 30011