20050726Joint waiver, scheduling proposal.pdf

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Dean J. Miller
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, ill 83702
Tel: [phone]
Fax: [phone]
ioe~mcdevitt-miller.com
Attorneys for Level Communications, LLC
1095 JUl 2' Frf 2:5'
IL) 1'-i0 PUBLiC
elTILiTtES GOf"iHlSSION
Mary S. Hobson
STOEL RIVES LLP
101 S. Capitol Boulevard, Suite 1900
Boise, ill 83702-5958
Phone: [phone]
Fax: [phone]
msho bson~stoel. com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF LEVEL 3
COMMUNICATIONS, LLC'S PETITION
FOR ARBITRATION PURSUANT TO
SECTION 252(B) OF THE
COMMUNICATIONS ACT OF 1934, AS
AMENDED BY THE
TELECOMMUNICATIONS ACT OF 1996
AND THE APPLICABLE STATE LAWS FOR
RATE, TERMS , AND CONDITIONS OF
INTERCONNECTION WITH QWEST
CORPORATION
Case No. QWE-O5-
JOINT WAIVER OF THE
PROVISIONS OF 47 USC ~
252(b)(4)(C) and JOINT
SCHEDULING PROPOSAL
Level 3 Communications, LLC ("Level 3) and Qwest Corporation ("Qwest"
(collectively, the "Parties ) hereby submit the following waiver and proposed procedural
schedule.
On June 3 , 2005, Level 3 filed a Petition for Arbitration with the Idaho Public
Utilities Commission pursuant to section 252(b) of the Telecommunications Act of 1996 ("the
JOINT WAIVER OF THE PROVISIONS OF 47 USC ~ 252(b)(4)(C) and JOINT SCHEDULING PROPOSAL-
Act"). The Petition seeks arbitration by the Commission of certain terms and conditions of an
interconnection agreement between Level 3 and Qwest.
Level 3 and Qwest have consulted and developed a schedule for the filing of
testimony, hearing, and post-hearing briefs. The schedule agreed to by the parties extends
beyond the time period within which a decision would need to made pursuant to section
252(b)( 4)(C).
To facilitate the schedule agreed to by Level 3 and Qwest, Level 3 and Qwest
have agreed to and by this filing waive the provisions of section 252(b)(4)(C) of the Act and
hereby agree that conditioned on the Commission s 's issuance of its decision on or before the
deadline in this proposal, Level 3 and Qwest agree that the Commission may render its decision
in the matter on or before December 30 2005.
Based on the time provided by the waiver of section 252(b)( 4)(C), Level 3 and
Qwest jointly proposed the following schedule:
August 1ih
August 26th
September 5
September 16th
September 27th
October 4th 6th
Simultaneous Direct Testimony
Discovery requests re: Direct Testimony
Discovery Responses
Simultaneous Rebuttal Testimony
Final Pre-hearing Conference
Hearings
October 21 5t: Post-Hearing Briefs
November 10th: Arbitrator s Initial Decision
November 28th Objections to Initial Decision
December 5th or 6th Oral Argument to Commission
December 30th Commission Decision
Level 3 and Qwest further agree that, in addition to a hard copy delivered by hand
delivery or regular mail, all service shall include an electronic copy delivered by electronic mail
on or before the due date.
JOINT WAIVER OF THE PROVISIONS OF 47 USC ~ 252(b)(4)(C) and JOINT SCHEDULING PROPOSAL-
Level 3 and Qwest respectfully request that the Commission approve the dates and other
terms of the joint procedural schedule set forth above.
Respectfully submitted this~~ay of July, 2005.
Mary S. bson
Stoel Rives LLP
101 S. Capitol Blvd., Ste. 1900
Boise, ill 83702-5958
Phone: [phone]
Fax: [phone]
Dean J. il er
McDevitt & Miller LLP
420 W. Bannock
Boise, ill 83702
Phone: [phone]
Fax: [phone]
Erik Cecil
Regulatory Counsel
Level 3 Communications, LLC
1025 Eldorado Blvd.
Broomfield, CO 80021
Thomas M. Delthlefs
Senior Attorney
Qwest Services Corporation
1801 California St., 10th Floor
Denver, CO 80202
Attorneys for Level Communications, LLC Attorneys for Qwest Corporation
JOINT WAIVER OF THE PROVISIONS OF 47 USC ~ 252(b)(4)(C) and JOINT SCHEDULING PROPOSAL-
CERTIFICATE OF SERVICE
I hereby certify that on this 26th day of July, 2005, I caused to be served, via the
methode s) indicated below, true and correct copies of the foregoing document, upon:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
jjewell~puc.state.id.
LXJ Hand Delivery(-1 U. S. Mail(-1 Overnight Delivery(-1 Facsimile(-1 Email
Weldon Stutzman
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Telephone: [phone]
W eldon. stutzman~puc .Idaho. gov
lXJ Hand Delivery
(-1 U.S. Mail(-1 Overnight Delivery(-1 Facsimile(-1 Email
Stacy Su
Legal Secretary
Stoel Rives LLP
CERTIFICATE OF SERVICE
Boi5e-144657.1 0029164-00082
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