20031203Objection to Agency Record on Appeal.pdf

Jim Jones (ISB #1136)
JIM JONES & ASSOCIATES
1275 Shoreline Lane
Boise, Idaho 83702
[phone]
RECEIVED 0FILED
2003 DEC - 3 A~1 B:
PUbLIC
UTILITiES COMMISSION
Attorney for Petitioners
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
PETITION OF ROBERT RYDER, d/b/a
RADIO PAGING SERVICE, JOSEPH B. )
MCNEAL, d/b/a PAGEDATA AND
INTERP AGE OF IDAHO, FOR
DECLARATORY ORDER AND
RECOVERY OF OVERCHARGES
FROM U.S. WEST
COMMUNICATIONS INC.
Case No. USW-99-
OBJECTION TO AGENCY
RECORD ON APPEAL
The Petitioners and Appellants object to the Agency Record on Appeal in the
following respects:
In paragraph 6(b) of the Notice of Appeal Appellants had requested inclusion
of the Petition to Intervene, dated January 24 2000, a copy of which is attached hereto.
A pertinent order - Order No. 28282 - was not included in the record. A copy
of the same is attached.
It is respectfully requested that the petition and order identified above be made part of
the Agency Record on Appeal. It is requested that this petition be considered without the
necessity of a hearing.
OBJECTION TO AGENCY RECORD ON APPEAL -
DATED this 2nd day of December, 2003.
I HEREBY CERTIFY that on this 2nd day of December, 2002, I caused to be served a
true and correct copy of the foregoing OBJECTION TO AGENCY RECORD ON APPEAL
by depositing the same in the United States mail, postage prepaid, in an envelope addressed
to the following:
WILLIAM 1. BATT
Marshall & Batt
O. Box 1308
Boise, ID 83701
OBJECTION TO AGENCY RECORD ON APPEAL - 2
Jim Jones
JIM JONES & ASSOCIATES
1275 Shoreline Lane
Boise, Idaho 83702
[phone]
t (0 rPV
Attorney for Petitioners
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
PETITION OF ROBERT RYDER, d/b/a
RADIO PAGING SERVICE, JOSEPH B. )
MCNEAL, d/b/a P AGEDA T A AND
INTERP AGE OF IDAHO, FOR
DECLARATORY ORDER AND
RECOVERY OF OVERCHARGES
FROM U.S. WEST
COMMUNICATIONS INC.
Case No. USW-99-
PETITION TO INTERVENE
Tel-Car, Inc., an Idaho corporation, hereby petitions the Commission, pursuant to
IDAPA 31.01.01.071 , for an order granting intervention in the above-entitled proceeding.
Tel-Car is a customer of US West and has operated a paging service in Idaho since
September of 1996. Tel-Car has not negotiated or entered into a written interconnection
agreement with US West. The interests of Tel-Car are identical to ' those of the other
Petitioners, Robert Ryder and Joseph McNeal. Tel-Car incorporates the Petition filed herein
by said Petitioners and requests relief identical to that sought by said Petitioners.
DATED this 24th day of January, 2000.
PETITION TO INTERVENE - 1
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 24th day of January, 2000, I caused to be served a
true and correct copy of the foregoing PETITION TO INTERVENE by depositing the same
in the United States mail, postage prepaid, in an envelope addressed to the following:
WILLIAM 1. BATT
Marshall & Batt
O. Box 1308
Boise, ID 83701
PETITION TO INTERVENE - 2
Office of the Secretary
Service Date
February 9, 2000
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF ROBERT RYDER DBA RADIO PAGING
SERVICE, JOSEPH B. McNEAL DBA P AGEDATA )AND INTERP AGE OF IDAHO, FOR
DECLARATORY ORDER AND RECOVERY OF
. OVERCHARGES FROM U S WESTCOMMUNICATIONS, INC.
CASE NO. USW-99-
ORDER NO. 28282
Tel-Car, Inc. petitioned to intervene in this case. on January 24, 2000, pursuant to Rules
, of Procedure "71 through 75 of the Idaho Public Utilities Commission, IDAPA 31.01.01.071-
075.
FINDINGS OF FACT
We find that no party timely opposed this Petition to Intervene.
We further find that based on the pleadings and other documents filed in this case
intervention by this party would serve the purposes of intervention as described by Rule 74 of the
Rules of Procedure and should be granted.
ORDER
IT IS THEREFORE ORDERED that the Petition to Intervene filed by Tel-Car, Inc. is.
hereby granted.
IT IS FURTHER ORDERED that all parties in this proceeding serve all papers hereafter
filed in this matter on all parties of record. This Intervenor is represented by the following for
purposes of service:
Jim Jones
. Jim Jones & Associates
1275 Shoreline Lane
Boise, ID 83702
ORDER NO. 28282
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this B u~
day of February 2000.
J\ii/-j )~\i,
~/,
MARSHA H. SMITH, COMMISSIONER
SSIONER
ATTEST:
~h2? ()~~'LJ
Myrna J. Walters
Commission Secretary
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ORDER NO. 28282