20040903Petitioners Response to Qwest Reconsideration.pdf

Jim Jones (ISB #1136)
JIM JONES & ASSOCIATES
1275 Shoreline Lane
Boise, Idaho 83702-6870
Telephone: Boise [phone]
Attorney for Petitioners/Appellants
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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, AND
TEL-CAR, INC., FOR DECLARATORY
ORDER AND RECOVERY OF
OVERCHARGES FROM U.S. WEST
COMMUNICATIONS INC.
ROBERT RYDER, d/b/a RADIO
PAGING SERVICE, et aI.
Petitioners/Appellants
vs.
IDAHO PUBLIC UTILITIES
COMMISSION
Respondent on Appeal
and
QWEST CORPORATION
Respondent/Respondent on
Appeal.
Supreme Court Docket No. 29175
IPUC Docket No. T -99-
PETITIONERS' RESPONSE TO
QWEST CORPORATION'
PETITION FOR RECONSIDERATION,
ALTERATION OR AMENDMENT OF
ORDER NO. 29555
PETITIONERS' RESPONSE TO QWEST CORPORATION'S PETITION FOR RECONSIDERATION
ALTERATION, OR AMENDMENT OF ORDER NO. 29555 -
Enough is enough! Qwest's requests for reconsideration and oral argument are merely
designed to further delay and obfuscate. The Commission has ordered reimbursement of
over $200 000 to the Petitioners but, as a result of Qwest's antics, the Petitioners have yet to
see one single penny of that money. The Petitioners were charged 100% more than they
should have been for the services in question, starting on November 1 , 1996, yet Qwest has
not had to refund any of the ill-gotten gains for 8 years.
The case on appeal was remanded to the Commission strictly for determining the
effect of the Mountain Communications decision on the Commission s previous orders. Both
parties had an opportunity to provide input and the Commission made its decision. The
Supreme Court has taken the case back and Petitioners are now required to file their appeal
brief by September 13 , 2004.See, attached Order.If Qwest is unhappy with the
Commission s decision, it must make its case in the Supreme Court. There is absolutely no
ground for having the issue litigated both in the Commission and the Supreme Court at the
same time.
It is respectfully requested that Qwest's petition be denied and that Qwest be ordered
to pay the refunds provided for in Order No. 29555. See, I.C. $ 61-626(3).
DATED this 2nd day of September, 00
PETITIONERS' RESPONSE TO QWEST CORPORATION'S PETITION FOR RECONSIDERATION
ALTERATION, OR AMENDMENT OF ORDER NO. 29555 - 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 2nd day of September, 2004, I caused to be served
true and correct copy of the foregoing PETITIONERS' RESPONSE TO QWEST
CORPORATION'PETITION FOR RECONSIDERATION, ALTERATION OR
AMENDMENT OF ORDER NO. 29555 by depositing the same in the United States mail
postage prepaid, in an envelope addressed to the following:
WILLIAM J. BATT
Marshall, Batt & Fisher
O. Box 1308
Boise, ID 83701
PETITIONERS' RESPONSE TO QWEST CORPORATION'S PETITION FOR RECONSIDERATION
ALTERATION, OR AMENDMENT OF ORDER NO. 29555 - 3
IDAHO SUPREME COURT IDAHO COURT OF ,APPEALS
Clerk of the Courts
[phone] AUGUST 9, 2004
P. O. Box 83720
Boise, Idaho 83720-0101
JIM JONES
1275 SHORELINE LN
BOISE ID 83702
BRIEFING RESUMED-APPELLANT BRIEF (S) DUE
Docket No.(App)
29175 (Res)
RYDER, ROBERT
QWEST CORPORATION
DC Docket #
99-
Be advised that BRIEFING in the above named appeal has been resumed.
The APPELLANT BRIEF (S) must be filed by SEPTEMBER 13, 2004.
(See I.R. 21)
A02/01640 B55 / DB 12:45:19
For the Court:
FREDERI CK C LYON
Clerk of the Courts