20051006Joint motion extend procedural sched.pdf

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L.,Dean J. Miller
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, ill 83702
Tel: [phone]
Fax: [phone]
j oe~mcdevitt -miller .com
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Attorneys for Level Communications, LLC
Mary S. Hobson
Stoel Rives LLP
101 S. Capitol Blvd., Ste. 1900
Boise, ID 83702-5958
Phone: [phone]Fax: [phone]
msho bson(8)stoel. com
Attorneys for Qwest Corporation ORIGINAL 'c.
, '
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 ST ATE LAWS FOR
RATE, TERMS, AND CONDITIONS OF
INTERCONNECTION WITH QWEST
CORPORATION
Case No. QWE-O5-
JOINT MOTION TO EXTEND
PROCEDURAL SCHEDULE
Level 3 Communications, LLC ("Level 3) and Qwest Corporation ("Qwest"
(collectively, the "Parties ) hereby submit the following motion to extend the deadlines for
hearings and briefs in this matter and stipulating to a further waiver of the 47 U.C. 9 252
deadlines for a an Order by the Idaho Public Utilities Commission ("Commission
On June 3, 2005, Level 3 filed a Petition for Arbitration with the Commission
pursuant to section 252(b) of the Telecommunications Act of 1996 ("the 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 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) of the Act.
By Order of the Commission on August 2, 2005, a procedural order was entered setting the
deadline for the filing of testimony, hearings before the Arbitrator appointed by the Commission
and the filing of post-hearing briefs. Under that schedule, reply briefs were due on October 21
2005 , and the deadline for the Commission to enter a final order was extended to December 30
2005.
The Parties have been negotiating in good faith in an effort to reach settlement on
terms and conditions of an interconnection agreement. At this juncture in those negotiations, the
Parties agree that focusing on negotiations, rather than continued efforts in the litigation, best
serves the likelihood of resolution.
The Parties further recognize the need to ensure that resolution of the terms of
interconnection are not unduly delayed, and the Parties also recognize and respect the limited
time in which the Commission has to rule on this matter.
Accordingly, the Parties move the Commission to extend the deadlines for
conducting the hearing to November 30 2005; the Parties also agree to modify their joint waiver
of the 9252 deadlines to allow the Commission sixty extra days, until March 1, 2006, to rule on
this matter should settlement not occur before that time.
In the event settlement cannot be reached within a reasonable time, the Parties
will inform the Commission as soon as possible, and jointly propose a schedule to complete
hearings and briefing in this matter within the time frames set forth above. In the event the
Parties cannot agree on a schedule, they will inform the Commission and request a scheduling
conference so that a schedule can be established by order of the Commission.
DATED this day of October, 2005.
Respectfully submitted
Qg~ wl~
ean J. Miller
McDevitt & Miller LLP
420 W. Bannock
Boise, ID 83702
Phone: [phone]Fax: [phone]
Stoel Rives LLP
101 S. Capitol Blvd., Ste. 1900
Boise, ID 83702-5958
Phone: [phone]
Fax: [phone]
CERTIFICATE OF SERVICE
I hereby certify that on the c:)1:\Lday of October, 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, ID 83720-0074
i i ewell~'puc. state.id. us
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702
Mary S. Hobson
Stoel Rives LLP
101 S Capitol Boulevard - Suite 1900
Boise, ID 83702-5958
Telephone: [phone]
Facsimile: [phone]
msho bson~stoel. com
Thomas M. Dethlefs
Senior Attorney
Qwest Services Corporation
1801 California Street - 10th Floor
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
Thomas .Dethl efs~q west. com
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