20041109Amended Notice of Cross Appeal.pdf

WILLIAM J. BATT, ISB No. 2938
BATT & FISHER, LLP
S. Bank Plaza, Suite 500
101 S. Capitol Boulevard
Post Office Box 1308
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
Adam Sherr
Qwest Communications, Inc.
1600 7th Avenue - Room 3206
Seattle, W A 98191
[phone]
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Attorneys for Respondent/Respondent on Appeal! Appellant
IN THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF IDAHO
IN THE MATTER OF THE JOINT PETITION
OF ROBERT RYDER, DBA RADIOP AGING
SERVICE, JOSEPH MC NEAL, DBA
AGEDA TE AND INTERP AGE OF IDAHO
FOR A DECLARATORY ORDER AND
RECOVERY OF OVERCHARGES FROM U.
WEST COMMUNICATIONS, INC.
- - - - - - - - - - - - - - - - - - - -- - - - -- - - - - - -- - - - - - - - - - - - - - - - -- - - - - - - -
ROBERT RYDER dba RADIO PAGING
SERVICE, JOSEPH B, MC NEAL DBA
AGED A TE AND INTERP AGE OF IDAHO
AND TEL-CAR, INC"
Petitioners/Appellants/Cross Respondents
IDAHO PUBLIC UTILITIES COMMISSION
Respondent/Cross Respondent
and
QWEST CORPORATION
R esp on den t/R esp 0 nden t
ell ant.
Appeal/Cross
AMENDED NOTICE OF CROSS APPEAL, P.
SUPREME COURT
DOCKET NO. 29175
IPUC DOCKET NO. T -99-
AMEND ED N OTI CE OF
CROSS APPEAL
OR I GI NAL
TO: THE ABOVE NAMED CROSS-RESPONDENTS ROBERT RYDER dba RADIO
PAGING SERVICE JOSEPH B. MC NEAL DBA PAGEDATA AND INTERPAGE OF
IDAHO, AND TEL-CAR, INC. AND THE IDAHO PUBLIC UTILITIES COMMISION AND
THE PARTIES' ATTORNEYS , JIM JONES, 1275 SHORELINE LANE, BOISE, IDAHO
83702 DON HOWELL, 472 WEST WASHINGTON, BOISE, IDAHO, 83702 AND THE
CLERK OF THE ABOVE ENTITLED ADMINISTRATIVE AGENCY.
NOTICE IS HEREBY GIVEN THAT:
The above named Cross-Appellant Qwest Corporation (hereinafter "Qwest"
appeals against the above named Cross-Respondents to the Idaho Supreme Court from Idaho
Public Utilities Commission Order No. 29555, entered in the above entitled action on the 2nd day
of August, 2004, and Order No. 29603, entered in the above entitled action on the 5th day
October, 2004.
The parties have a right to cross appeal to the Idaho Supreme Court. The orders
described in paragraph 1 above as they are appealable final orders pursuant to Rule 15 of the
Idaho Appellate Rules.
Preliminary statement of the issues on cross-appeal:
(a)Whether the Commission erred in ordering Cross-Appellant to credit or
refund certain charges to Petitioners/Cross-Respondents for facilities used to deliver transit
traffic, i,e" charges under Qwest's Idaho Service Catalog for dedicated transport used to deliver
paging calls to Petitioners/Cross-Respondents from subscribers of third party carriers
(telecommunications companies other than Qwest), delivered by third party carriers to Qwest for
transport to Petitioners/Cross-Respondents for delivery to their paging customers,
(b)If the Commission ordered Cross-Appellant to make refunds to Cross
Respondents, rather than to provide billing credits, whether the Commission erred in making
such decision and in failing to provide a clear order to determine how such refunds/ billing
credits or combinations thereof would be determined,
AMENDED NOTICE OF CROSS APPEAL, P. 2
There has not been an order entered sealing any portion of the record regarding
this matter.
Reporter s Transcript:
(a)No additional reporter s transcript is requested.
The Cross-Appellate does not request the inclusion of any additional documents
other than those added by the parties as appropriate.
I certify that:
(a)The appellate filing fee has been paid.
(b)That service has been made upon all parties required to be served pursuant
to Rule 20 of the Idaho Appellate Rules,
DATED this 9th day of November, 2004.
Respectfully Submitted
Adam Sherr
Qwest Communications, Inc,
1600 7th Avenue - Room 3206
Seattle, WA 98191
and
William J, Batt
James B. Alderman
Batt & Fisher, LLP
U S Bank Plaza, 5th Floor
101 South Capital Blvd.
Boise, Idaho 83702
[phone]
AMENDED NOTICE OF CROSS APPEAL, P. 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 9th day of November, 2004, I caused a true and correct
copy of the above and foregoing document to be served, in the manner indicated, on the
following:
Jim Jones
JIM JONES & ASSOCIATES
1275 Shoreline Lane
Boise, Idaho 83702-6870
Telephone: [phone]
Fax: [phone]
Hand Delivery
!Xl U.S. Mail
Facsimile
Federal Express
Don Howell
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702
Telephone: [phone]
Fax: [phone]
Hand Delivery
D U.S. Mail
Facsimile
Federal Express
BY:
William J. Batt
AMENDED NOTICE OF CROSS APPEAL, P. 4