20031009Notice of Appeal.pdf

Mary S. Hobson (ISB #2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
RECEIVED 0
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lUn3 OCT -8 '-"3:
IUI./le F-UBLICUTILITIES COMMISSION
Stephanie Boyett-Colgan
Qwest Services Corporation
1801 California Street - 47th Floor
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
scolgan~qwest.com
Charles W. Steese
Steese & Evans, P.
6400 S. Fiddlers Green Circle, Suite 1820
Denver, CO 80111
Telephone: [phone]
Facsimile: [phone]
csteese((j),s-e law. com flP T-() g,1/ I
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IDAHO TELEPHONE ASSOCIATION
CITIZENS TELECOMMUNICATIONS
COMPANY OF IDAHO, CENTURYTEL
OF IDAHO, CENTURYTEL OF THE GEM
STATE, POTLATCH TELEPHONE
COMP ANY and ILLUMINET, INC.
CASE No. QWE-02-
NOTICE OF APPEAL
Respondents
vs.
QWEST CORPORATION
Appellant
The Complaint named Qwest Communications, Inc. as the Respondent, but the proper party is Qwest
Corporation.
NOTICE OF APPEAL - Page
Boise-l 6268 1.1 0029164-00004
TO:THE ABOVE NAMED RESPONDENTS ILLUMINET, INe., and its attorney, Thomas 1.
Moorman, Kraskin, Lesse & Cosson LLP, 120 L Street NW- Suite 520, Washington DC
20037; CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO and ELECTRIC
LIGHTWAVE, INe., and their attorney, Morgan W. Richards, Moffatt Thomas Barrett Rock
& Fields, Chartered, 101 South Capitol Boulevard - 10th Floor, Boise, ID; and THE IDAHO
TELEPHONE ASSOCIATION, and its attorney, Conley E. Ward, Givens Pursley LLP, 277
North 6th Street - Suite 200, Boise, ID
AND TO:THE SECRETARY OF THE IDAHO PUBLIC UTILITIES COMMISSION
NOTICE IS HEREBY GIVEN THAT:
1. Appellant, Qwest Corporation (Qwest ), appeals against the above-named
Respondents, to the Idaho Supreme Court from Order No. 29219 entered by the Idaho Public Utilities
Commission (Commission) in the above entitled proceeding on the 15th day of April, 2003, President
Paul J. Kjellander, Commissioner Dennis S. Hansen, and Commissioner Marsha H. Smith, presiding;
and from Order No. 29310 entered the 27th day of August, 2003 , President Paul 1. Kjellander
Commissioner Dennis S. Hansen, and Commissioner Marsha H. Smith, presiding.
2. Appellant appeals to the Idaho Supreme Court as a matter of right pursuant to II(e)
LAR. from the above referenced orders, which are deemed to include all interlocutory judgments
orders and decrees as provided under rule 17(e) LAR.
the issues it intends to assert on appeal include:
Without waiving its right to assert other issues, the Appellant preliminarily states that
Does the jurisdiction provided to the Commission in Idaho Code 9 62-614
extend to granting relief to companies that are neither telephone corporations
subject to regulation under title 61 , Idaho Code, nor mutual, nonprofit or
cooperative telephone corporations?
Does the Commission s declaration that Qwest's SS7 signaling charges are
invalid and may not be collected amount to rate regulation of a service or
services over which the Commission lacks rate setting authority?
Does the Commission s authority under Idaho Code 9 62-605(5) empower the
Commission to invalidate Qwest's signaling charges for the use of its
signaling network by a third party SS7 services provider and, if so, did the
Commission follow the necessary process and enter the necessary findings to
exercise such authority?
Does the record contain substantial evidence to support the Commission
determination that it has been able to spread the recovery for SS7 expenses
NOTICE OF APPEAL - Page 2
Boise-162681.1 0029164-00004
across all intrastate services; and in reaching that determination, did the
Commission err in refusing to grant a new hearing on Qwest's evidence as to
when SS7 technology was introduced into the Idaho network and how Qwest
has previously recovered the costs for the provision of this service?
Does the record contain substantial evidence to support the Commission
determination that existing inter-carrier agreements preclude Qwest's
imposition of SS7 signaling charges in its Access Catalog?
Is Illuminet entitled to rely on, enforce, or otherwise reap the benefits of any
agreements between Qwest and Illuminet's carrier customers and , if so, do
those agreements provide Illuminet with the ability to obtain signaling
services from Qwest at rates different than the rates set forth in Qwest's Idaho
Access Services Catalog?
Appellant states that the Volume II of the hearing transcript was sealed by the
Commission due to the discussion of information that had been designated as confidential and
proprietary, and which was disclosed pursuant to the terms of the parties' Protective Agreement. In
addition, Exhibits 204, 206, 208, 402 , 405 and 504 were admitted as confidential and proprietary.
Finally, Attachment E to Qwest's Petition for Reconsideration filed May 6 2003 , was submitted as a
confidential and proprietary document.
transcript.
Pursuant to LAR. 25( c), Appellant requests preparation of a standard reporter
in the agency s record in addition to those automatically included under LAR. 28:
Appellant requests the following documents in Case No. QWE-02-11 be included
Qwest's Answer filed June 21 , 2002.
Petition to Intervene of Electric Lightwave, Inc. filed June 21 , 2003.
Order No. 29074 served July 21 , 2002.
Order No. 29115 served September 16, 2002.
The parties' Protective Agreement dated Septemberl7 , 2002.
Qwest Corporation s Post Hearing Memorandum filed January 31 2003.
Qwest Corporation s Reply Brief filed February 20 2003.
Motion to Stay Order No. 29219 filed May 5 , 2003.
Qwest's Assignments of Error Pertaining Order No. 29219 filed as
Attachment A to Qwest's Petition for Reconsideration on May 6 2003.
NOTICE OF APPEAL - Page 3
Boise-1 6268 1.1 0029164-00004
Affidavit of Charmian ("Char ) A. Kuder and Exhibits 1 and 2 filed
collectively as Attachment B to Qwest's Petition for Reconsideration on May
, 2003.
Affidavit of Julie Kaufman-Prentice filed as Attachment C to Qwest's
Petition for Reconsideration on May 6, 2003.
Affidavit of Philip Linse and Attachments A-, filed collectively as
Attachment D to Qwest's Petition for Reconsideration on May 6 2003.
Confidential Attachment E to Qwest's Petition for Reconsideration filed May
2003.
ll.Attachment F to Qwest's Petition for Reconsideration filed May 6 2003.
Qwest's Answer to Complainants ' Petition for Reconsideration and
Clarification and Cross Petition for Reconsideration of Order No. 29219.
The undersigned counsel for Qwest Corporation certifies that:
a copy of this Notice of Appeal has been served on the reporter;
the Secretary of the Idaho Public Utilities Commission has been paid the
estimated fee for preparation of the designated reporter s transcript;
the estimated fee for preparation of the record has been paid;
the appellate filing fee has been paid; and
service of this Notice of Appeal has been made upon all parties required to be
served pursuant to LAR. 20.
RESPECTFULLY SUBMITTED this 8th day of October, 2003.
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Mary S. obson
Stoel Rives, LLP
Stephanie Boyett-Colgan
Qwest Services Corporation
Charles W. Steese
Steese & Evans, P.
Attorneys for Qwest Corporation
NOTICE OF APPEAL - Page 4
Boise-162681.1 0029164-00004
CERTIFICATE OF SERVICE
I hereby certify that on this 8th day of October, 2003 , I served the NOTICE OF APPEAL as
follows:
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
i i ewell~puc. state.id. us
LXJ Hand DeliveryL-J u. S. MailL-J Overnight DeliveryL-J FacsimileL-J Email
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83702
Executed Protective Agreement
LXJ Hand DeliveryL-J u. S. MailL-J Overnight DeliveryL-J FacsimileL-J Email
Stephanie Boyett-Colgan
Qwest Services Corporation
1801 California Street - 47th Floor
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
scolgan~uswest.com
Executed Protective Agreement
L-J Hand Delivery
LXJ u. S. MailL-J Overnight DeliveryL-J FacsimileL-J Email
F. Wayne Lafferty
LKAM Services, Inc.
2940 Cedar Ridge Drive
McKinney, TX 75070
Facsimile: [phone]
Executed Protective Agreement
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Thomas J. Moorman
Kraskin, Lesse & Cosson LLP
2120 L Street NW - Suite 520
Washington DC 20037
Phone: [phone]
Fax: [phone]
tmoorman~klctele.com
Executed Protective Agreement
L-J Hand Delivery
LXJ u. S. MailL-J Overnight DeliveryL-J FacsimileL-J Email
NOTICE OF APPEAL - Page 5
Boise-162681.1 0029164-00004
Morgan W. Richards
Moffatt Thomas
101 South Capitol Boulevard - 10th Floor
Boise, ID 83701
mwr((j),moffatt.com
Executed Protective Agreement
(lJ Hand DeliveryL-J u. S. MailL-J Overnight DeliveryL-J FacsimileL-J Email
Charles W. Steese
Steese & Evans, P.
6400 S. Fiddlers Green Circle, Suite 1820
Denver, CO 80111
Telephone: [phone]
Facsimile: [phone]
csteese~s-elaw .com
Executed Protective Agreement
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Clay Sturgis
Moss Adams LLP
601 West Riverside - Suite 1800
Spokane, W A 99201-0663
Lance Tade
Citizens Telecommunications
4 Triad Center - Suite 200
Salt Lake City, UT 84180
Facsimile: [phone]
Executed Protective Agreement
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Conley Ward
Givens Pursley
277 North 6th Street - Suite 200
O. Box 2720
Boise, ID 83701
cew((j),gi venspurslev. com
Executed Protective Agreement
(lJ Hand DeliveryL-J u. S. MailL-J Overnight DeliveryL-J FacsimileL-J Email
Richard Wolf
Illuminet, Inc.
4501 Inte1co Loop SE
O. Box 2909
Olympia, W A 98507
Executed Protective Agreement
L-J Hand Delivery(lJ u. S. MailL-J Overnight DeliveryL-J FacsimileL-J Email
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Mary S.$'o bson
Stoel Rives LLP
NOTICE OF APPEAL - Page 6
Boise-162681.1 0029164-00004