19991101Decision Memo 2.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
STEPHANIE MILLER
TONYA CLARK
RON LAW
JOE CUSICK
BEV BARKER
WORKING FILE

FROM:

DATE: November 1, 1999

RE: AMENDING THE COMMISSION’S TITLE 62 RULE 202 TO ALLOW THE
ELECTRONIC FILING OF ORDERS AND NOTICES, CASE NO. 31-4201-9901

On August 27, 1999, the Commission issued a Notice of Proposed Rulemaking that would allow it to serve copies of its Orders and Notices electronically at the request of the Title 62 company to be served. Long-distance telephone companies would be required to provide their electronic mailing address, if such addresses are available. IDAPA 31.42.01.202. The Commission proposed this amendment in conjunction with other amendments to its Rules of Procedure which would allow it to serve copies of Orders and Notices electronically. See Docket No. 31-0101-9901. The Commission’s proposed rulemaking was published in the Administrative Bulletin on October 6, 1999.

THE PROPOSED CHANGES TO THE RULE
202. INFORMATION TO BE INCLUDED IN NOTICE TO COMMISSION (Rule 202).

01. Notice To Be Filed. All telephone corporations described in Section 62-604(1)(a), Idaho Code, are required by Section 62-604(1)(b), Idaho Code, to file a notice with this Commission before offering telecommunications services intrastate in Idaho. This notice must be filed by all telephone corporations, except mutual nonprofit or cooperative corporations, that did not on January 1, 1988, hold a certificate of public convenience and necessity issued by the Commission and that do not provide basic exchange service. Telephone corporations that must file this notice include MTS or WATS companies, resellers of MTS or WATS services, operator service providers, etc., not already certified by the Commission under Idaho Code Title 61, but this sentence does not exclude other categories of telephone corporations from this filing requirement. (7-1-93)

02. Contents Of Notice. The notice must contain the following information: (7-1-93)

a. The name of the telephone corporation and the business name of the telephone corporation if it does business under an assumed business name; (7-1-93)

b. The United States and electronic (if available) mailing addresses of the principal place of business of the telephone corporation, and, if there is a principal place of business in Idaho, the addresses of the principal place of business in Idaho; (7-1-93)( )

c. An agent in Idaho for service of process by the Commission in the state of Idaho including the agent’s United States and electronic (if available) mailing addresses; (7-1-93)( )

d. A description of the telecommunication services offered by the telephone corporation and a map of the area(s) served by the telephone corporation or in which the telephone corporation offers or intends to offer service; (7-1-93)

e. Address(es) and toll-free telephone number(s) for personnel responsible for handling consumer inquiries, complaints, etc., by the public; and (7-1-93)

f. Name(s), United States mail and electronic (if available) address(es), and telephone number(s) of person(s) designated as a contact for the Commission Staff in resolving consumer complaints, responding to consumer inquiries, and answering matters concerning rates and price lists or tariffs. These notices must be updated at least annually, between December 1 and December 31 each year, and whenever there is a change in the telephone corporation's name, address, or agent for service of process. The Commission Secretary will provide forms for these notices. (7-1-93)( )

03. Service. Notices, orders, rules, complaints and other documents issued by the Commission may be served by United States or electronic mail on the agent for service of process listed pursuant to Rule 202.012.c. of this rule. This service constitutes due and timely notice to the telephone corporation, and no further service is necessary to bind the telephone corporation. Telephone corporations obligated by statute to file the notice required by Rule 202.02 of this rule, but failing to do so, are bound by the Commission's motions, orders, rules, complaints and other documents upon their filing with the Commission Secretary.
(7-1-93)( )

COMMENTS
The Commission’s Notice requested interested persons submit written comments regarding the proposed amendments to Rule 202 no later than October 27, 1999. Written comments were submitted by the Legislative Services Office and Citizens Telecommunications Company of Idaho. Legislative Services stated that the Senate and House Subcommittees for review of Administrative Rules have reviewed the proposed changes and have no objection to the proposed rule. Although Citizens did not direct any specific comment at Rule 202, it stated that it “fully supports the Commission’s implementation of the proposed rules, particularly those facilitating the use of electronic communication….” Citizens Comments at 1.

COMMISSION DECISION
1. Does the Commission wish to adopt its proposed rule as its pending rule and submit this rule to the Legislature for review?
2. Does the Commission wish to make any changes to its pending rule?

vld/M:31-4201-9901_dh

DECISION MEMORANDUM 1