20050803procedural order no 29819.pdf

Office of the Secretary
Service Date
August 3, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF LEVEL 3
COMMUNICATIONS, LLC PETITION FOR
ARBITRATION PURSUANT TO SECTION
252(b) OF THE TELECOMMUNICATIONS ACT)
OF 1996 OF THE RATES, TERMS, AND
CONDITIONS OF INTERCONNECTION WITH
QWEST CORPORATION.
CASE NO. QWE-O5-
PROCEDURAL ORDER
ORDER NO. 29819
On June 3, 2005, Level 3 Communications, LLC filed with the Commission a Petition for
Arbitration of an interconnection agreement with Qwest Corporation pursuant to Section 252(b) of
the federal Telecommunications Act of 1996. Qwest filed its Answer to Level 3' s Petition on June
, 2005. The Commission has determined to appoint an Arbitrator to facilitate the timely
completion of this arbitration. The Commission issues this Procedural Order to address scheduling
and other issues for this arbitration.
Arbitrator: The Commission appoints John Antonuk, Liberty Consulting Group, as
arbitrator for this proceeding. The Arbitrator is authorized to resolve discovery conflicts, establish a
procedural schedule consistent with this Order, determine procedures for the conduct of hearings
consistent with the Commission s procedural rules, receive evidence and legal argument to complete
a record, resolve disputed issues in an Arbitration Decision suitable for adoption by the Commission
as the final resolution of the issues identified in the Petition and Response for Arbitration.
Discoverv Discovery authorized by Commission s Rules of Procedure will be
permitted in this proceeding. In addition, the parties must cooperate in good faith by promptly and
informally exchanging all documents and other information relevant to the disputed issues, subject to
claims of privilege or confidentiality. Failure to exchange information may be deemed a failure to
negotiate in good faith under the Act. Although under the Commission s discovery rule, requests
and responses are not filed with the Commission, the Arbitrator may require that copies of discovery
requests and responses be provided to him, and may be filed electronically with the Arbitrator.
Request for Information: Pursuant to 47 D.C. ~ 252(b)(4)(B), the Arbitrator may
require the parties to provide any information necessary to reach a decision on unresolved issues.
any party refuses or fails unreasonably to respond in a timely basis to any reasonable request by the
PROCEDURAL ORDER
ORDER NO. 29819
Arbitrator, then the Arbitrator and the Commission may proceed on the basis of the best information
available from whatever source derived. The parties will respond to such requests for information
from the Arbitrator within seven days, unless another time is set by the Arbitrator.
Prehearine Conferences The Arbitrator may hold a prehearing conference to identify
and discuss the issues to be resolved, review scheduling issues and the status of discovery and
address discovery disputes, discuss motions anticipated by the parties, and other such issues. At the
time of the conference, either party may request a decision from the Arbitrator requiring a response
to any outstanding discovery request. Such a request for a decision for discovery should include an
explanation of why the information is necessary to reach a decision on an unresolved issue.
Consistent with the schedule approved in this Order, the Arbitrator shall determine the date and time
for prehearing conference(s), which may be conducted by conference call.
Resolution of Undisputed Issues Either party may make a motion for summary
disposition by the Arbitrator of any issue on the basis that the issue is undisputed and need not be
arbitrated. The motion should demonstrate why there is no dispute on the issue. The Arbitrator may
request argument on the motion.
Hearine Procedures and Dates Hearing procedures shall be determined by the
Arbitrator in consultation with the parties. The hearing on the substantive issues will convene
October 4-6, 2005 in the Commission s Hearing Room in Boise, Idaho. The Arbitrator is
authorized to issue an Arbitration Decision which shall constitute the resolution by the Commission
of the issues submitted for arbitration, subject to final Commission review during the approval
process. The Arbitration Decision shall comply with the requirements of 47 D.C. ~ 252(c). The
parties may file objections, if any, to decisions reached in the Arbitration Decision. If objections are
filed, either party may request oral argument on its objections. The Commission will consider any
objection raised by the parties in determining whether to modify the Arbitration Decision before
approving it as the Commission s resolution of disputed issues. The following schedule, submitted
by the parties, is approved to process the case:
August 12, 2005
August 26 2005
September 6, 2005
September 16, 2005
Simultaneous Direct Testimony
Discovery Requests Re: Direct Testimony
Discovery Responses
Simultaneous Rebuttal Testimony
PROCEDURAL ORDER
ORDER NO. 29819
September 27 2005
October 4-, 2005
October 21 , 2005
November 10 2005
November 28 2005
December 5 or 6 2005
December 30, 2005
. Final Prehearing Conference
Hearings
Post-Hearing Briefs
Arbitrator s Initial Decision
Objections to Initial Decision
Oral Argument to Commission
Commission Decision
The Commission also approves the other terms of the parties' Joint Waiver of the Provisions of 47
C. ~ 252(b)(4)(c) and Joint Scheduling Proposal filed with the Commission on July 26 2005.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this it.J..
day of August 2005.
ATTEST:
Je ,,9 D. Jewell iCommission Secretary
bls/O:QWET0511
PROCEDURAL ORDER
ORDER NO. 29819
L KJELL
(ThaMARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSEN, COMMISSIONER