20060228Motion to vacate hearing.pdf

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DeanJ. Miller
McDEVIIT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, ill 83702
Tel: [phone]
Fax: [phone]
i oe(Q),mcdevitt -miller .com
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Attorneys for Level Communications, ILC ORIGINAL
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-
MOTION TO VACATE HEARING
COMES NOW the Applicant, Level 3 Communications (Level 3) and moves the
Commission for an order vacating the evidentiary hearing currently scheduled for March 14--
, 2006, and in support thereof, respectfully shows as follows, to wit:
Because of a conflict in schedules, one of Level 3' s expert witnesses is unavailable to
appear at the hearing at the time currently scheduled.
Counsel for Level 3 has conferred with counsel for Qwest and is informed that Qwest
does not object to vacating the currently scheduled hearing dates.
Counsel for Level 3 will promptly confer with counsel for Qwest to develop new
hearing dates that are convenient to the parties, the Arbitrator and the Commission.
MOTION TO VACATE HEARING - 1
, as a result of vacating the hearing, the Commission incurs additional out of pocket
expense, such as re-arranging travel for the Arbitrator, Level 3 is willing to reimburse
the additional out of pocket expense.
DATED this 1.1 day of February, 2006.
MOTION TO VACATE HEARING - 2
Respectfully submitted
McDEVITT & MILLER LLP
Dean J. Miller
Counsel for Level Communications, LLC
CERTIFICATE OF SERVICE
I hereby certify that on the i.~ay of February, 2006, 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
Mary S. Hobson
STOEL RIVES LLP
101 S Capitol Boulevard - Suite 1900
Boise, ID 83702-5958
Telephone: [phone]
Facsimile: [phone]
mshobson~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
MOTION TO VACATE HEARING - 3
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