20050419Notice of Appeal.pdf

JOSEPH MCNEAL, d/b/a PAGEDATA
O. Box 15509
Boise, ID 83715
[phone]
Attorney Pro Se
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOSEPH B. MCNEAL, d/b/a P AGED A T A
Petitioner/Appellant
vs.
QWEST CORPORATION
Respondent/Appellee
CASE NO. QWE-03-
OTI CE OF APPEAL
TO: THE ABOVE-NAMED RESPONDENT AND APPELLEE, QWESTCORPORATION, AND ITS ATTORNEY, WILLIAMJ. BATT, BATT & FISHER,
101 S. CAPITAL BLVD, 5th FLOOR, BOISE, IDAHO 83702.
NOTICE IS HEREBY GIVEN THAT:
The above-named Appellant, Joseph B. McNeal, d/b/a PageData, appeals
to the Idaho Supreme Court from the following orders of the Idaho Public Utilities
Commission, to-wit, Order No. 29687 , dated January 19, 2005 and Order No. 29726 (on
reconsideration), dated March 9, 2005, Paul Kjellander, PUC President, presiding.
That Appellant has a right to appeal to the Idaho Supreme Court and the
orders described in paragraph 1 above are appealable orders under and pursuant to I.A.
11 (e) and I.C. ~ 61.627.
NOTICE OF APPEAL - PAGE
The following is a preliminary statement of the issues which the Appellant
intends to assert in the appeal:
(1) Whether the Commission erred in failing to require Respondent to answer the
complaint?
(2) Whether the Commission erred by failing to fulfill its obligations under the
Supremacy Clause to enforce the 1996 Telecommunications Act in the state
Idaho?
(3) Whether the Commission failed to promote competition?
(4) Whether the Commission failed to secure lower prices for Idaho citizens?
(5) Whether the Commission failed to encourage the rapid deployment of new
telecommunications technologies?
(6) Whether the Commission erred by relying on previous arbitration rulings?
(7) Whether the Commission abused its powers by granting Qwest s Motion to
Dismiss?
(8) Whether the Commission failed to implement and enforce the provisions of
the 1996 Telecommunications Act pursuant to I.C. ~~ 62-602(5) and 62-615(1)
and (3)?
(9) Whether the Commission erred by not holding an evidentiary hearing
concerning unconscionability of the arbitration clause?
(10)Whether the Commission erred in reconciling its own Order No. 29604
dated October 6 2004, and Order No. 29655 , dated December 9,2004 with Order
No. 29687 , dated January 19 2005, and Order No. 29726, dated March 9, 2005?
NOTICE OF APPEAL - PAGE 2
(11)Whether the Commission s record of decision making prohibits or hinders
new market entrants?
(12)Whether the Commission erred in not considering the unique nature of
interconnection agreements being placed on file for adoption by competitive
carriers?
(13)Whether the Commission erred in not considering its unIque non-
reviewable authority in reviewing interconnection agreements?
(14)Whether the Commission erred by not making its decision in light of
competition, open markets, and deployment of new technologies?
No order has been entered sealing all or any portion of the record
however a portion of the record (Exhibits A-F to the Complaint, dated October 31 , 2003)
has been submitted under seal as confidential information.
No reporter s transcript is necessary.
The Appellants request the following documents to be included in the
agency s record in addition to those automatically included under I.A.R. 28(b)(3):
a. Confidential/Proprietary Documents in the Record - Exhibits A-
Complaint, dated October 31 , 2003.
b. The Interconnection Agreement between Arch and Qwest that was
adopted by PageData, approved by the Commission February 25, 2003.
c. The Interconnection Agreement Amendment approved the
Commission July 15 , 2003.
In addition, it is requested that the following-listed documents be included
in the record, either as part of the agency record, or preferably, as exhibits:
NOTICE OF APPEAL - PAGE 3
a. Commission Record File for case QWE-03-
I certify:
a. That a copy of this notice of appeal need not be served on the reporter, as
no transcripts are necessary.
b. That the estimated fee for preparation of the agency s record has been
paid.
c. That the appellate filing fee has been paid.
d. That service has been made upon all parties required to be served pursuant
to Rule 20.
Respectfully submitted this 19th day of April, 2005.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19th day of April, 2005, I caused a true and
correct copy of the foregoing NOTICE OF APPEAL to be served, in the manner
indicated, on the following:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83720-0074
Hand Delivery
S. Mail
Facsimile
Email
William J. Batt
Batt & Fisher
S. Bank Plaza, Suite 500
101 S. Capitol Boulevard
Boise, ID 83701
Hand Delivery
S. Mail
Facsimile
Email
NOTICE OF APPEAL - PAGE 4