20070323Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER RED FO RD
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:CECELIA A. GASSNER
DATE:MARCH 23, 2007
SUBJECT:AT&T COMMUNICATIONS OF THE MOUNTAIN STATES, INc.'
COMPLAINT AGAINST QWEST CORPORATION; CASE NO. QWE-
06-
On August 21 , 2006, AT&T Communications of the Mountain States, Inc. filed a
Complaint with the Commission against Qwest Corporation. The Complaint asserts that Qwest
failed to file certain interconnection agreements with third parties, to the detriment of AT&T.
On September 26, 2006, Qwest responded to AT&T's Complaint by filing a Motion to Dismiss.
AT&T was granted an extension of time to file its reply, and it then timely filed its response to
that Motion on October 26 2006. Order No. 30153.
On November 7, 2006, Qwest filed a Motion for Oral Argument, requesting that the
Commission set and hear oral argument on Qwest's Motion to Dismiss. The Commission
granted the Motion, and set the hearing for January 21 , 2007. Following deliberation on
arguments submitted in briefs by the parties and at oral argument, the Commission declined to
dismiss the Complaint. Order No. 30247. The Commission ordered AT&T to amend its
Complaint to include certain information, and ordered AT&T to submit a brief by March 9, 2007
setting forth its arguments regarding which statute of limitations should be applied and when the
applicable statute of limitations would have started to run. Id.
The Commission further ordered Qwest to submit a brief setting forth its arguments
on the same issues by March 23 , 2007. Id. On March 16 , 2007, Qwest submitted a Motion for
Extension of Time. In the Motion, counsel for Qwest requested that Qwest be allowed to submit
its brief on March 27, 2007 as Qwest's Idaho counsel has a pre-existing commitment that
requires her to be out of state March 21-, 2007. Motion for Extension of Time at 1. Qwest
further stated that counsel for AT&T expressed no objection to its Motion. !d. at 2. The
Commission has not received any objection from AT&T to the Motion.
COMMISSION DECISION
Does the Commission desire to grant Qwest's Motion for Extension of Time?
ceCel
M:QWE-O6-cg3