20041229Response to Motion to Compel Payment.pdf

WILLIAM J. BATT, ISB No. 2938
James B. Alderman, ISB No. 6422
BA TT & 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]
Attorneys for Respondent/ Respondent on Appeal
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT PETITION
OF ROBERT RYDER, DBA RADIOPAGING
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
AGEDA TE AND INTERP AGE OF IDAHO
AND TEL-CAR, INC.
Peti tioners- Appellants
IDAHO PUBLIC UTILITIES COMMISSION
Respondent on Appeal
and
QWEST CORPORATION
Respondent-Respondent on Appeal.
SUPREME COURT
DOCKET NO. 29175
IPUC DOCKET NO. T -99-
QWEST CORPORATION'
RESPONSE TO MOTION
TO COMPEL PAYMENT
QWEST CORPORATION'S RESPONSE TO MOTION TO COMPEL PAYMENT, P. 1 OR\G\NAL
Qwest Corporation ("Qwest") hereby responds to the Motion to Compel Payment dated
December 15, 2004 filed by Petitioners Ryder and McNeal ("Pagers
The Pagers claim in their Motion to Compel Payment that the Commission has ordered
Qwest to pay cash refunds of $57 467 to Petitioner Ryder and $97 463 to Petitioner McNeal, and
claims that Qwest is "defying" the Commission s orders. The Pagers ask the Commission to
enter an order compelling Qwest to make such cash payments to the Pagers.
As the Commission is aware, this issue is presently hotly contested among the parties.
Although the Commission has not yet reached a final decision, the issue is also already an issue
raised by both the Pagers in their appeal to the Supreme Court, and in Qwest's cross-appeal.
As this case evolved before the Commission, it became one in which the Commission
undertook the task of determining, for each of the Pagers, the amounts by which Qwest's Idaho
tariffed charges for paging interconnection should be reduced because those charges were, in
part, preempted by rules of the Federal Communications Commission. The IPUC has made
those calculations in a series of orders providing amounts by which the historical charges for
each pager should be reduced. Qwest fully credited all amounts ordered by this Commission to
the Pagers ' accounts.
Now the Pagers seek cash payments of all those amounts that have already been credited.
Qwest does not agree that it is or should be so obligated. If the Commission does clearly order
Qwest to make cash payments of amounts that Qwest has already credited to the Pagers, Qwest
will seek judicial intervention or review.l Until the issue is resolved before the Commission
I Qwest reluctantly already raised the issue in its cross-appeal at the Idaho Supreme Court, even though
the issue and record were not - and indeed are not yet - fully developed, because of procedural
uncertainty applicable to a situation where the IPUC continues to issue Orders in a case where the
appellate issues are already being developed and briefed before the Supreme Court.
QWEST CORPORATION'S RESPONSE TO MOTION TO COMPEL PAYMENT, P. 2
though, the Commission should bestow Qwest at least the procedural due process of denying the
Pagers' Motion to Compel Payment.
DATED this 29th day of December, 2004.
Respectfull y S ubmi tted
Adam Sherr
Qwest Communications, Inc.
1600 7th Avenue - Room 3206
Seattle, W A 98191
and Lv~
William J. Batt
James B. Alderman
Batt & Fisher, LLP
U S Bank Plaza, 5th Floor
101 South Capital Blvd.
Boise, Idaho 83702
[phone]
QWEST CORPORATION'S RESPONSE TO MOTION TO COMPEL PAYMENT, P. 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 29th day of December, 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
E U.S. Mail
Facsimile
Federal Express
Bradford M. Purdy
2019 N. 17th Street
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
Hand Delivery
21 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
QWEST CORPORATION'S RESPONSE TO MOTION TO COMPEL PAYMENT, P. 4