20100514Motion and Petition to Intervene.pdf

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Cynthia A. Melillo, ISB # 5819
GIVENS PURSLEY LLP
601 W. Bannock Street
P.O. Box 2720
Boise, 1083701
[phone]
(208) 388..1300 (fax)87059_1.DOC
RECEIVED
ZDlOl1AY 14 AHIO: 16
IDAHO PU3UC
UTILITIES COMMISSION
Attorneys for Idaho Telecom Allance
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IN THE MA TIER OF THE APPLICATION )
OF TRACFONE WIRELESS, INC., FOR )
DESIGNATION AS AN ELIGIBLE TELE- )
COMMUNICATIONS CARRIER )
)
)
CASE NO. TFW-T -09-01
MOTION TO INTERVENE OUT OF
TIME AND PETITION TO
INTERVENE OF IDAHO TELECOM
ALLIANCE
COMES NOW, Idaho Telecom Allance, hereinafter referrd to as .Intervenor,"
and pursuant to this Commission's Rules of Procedure, Rule 71 IDAPA 31.01.01.71,
hereby moves this Commission for leave to file this petition to intervene herein and to
appear and participate herein as a part, and as grounds therefore states:
1. The name and address of this Intervenor is:
Idaho Telecm Allance
CLO Cynthia A. Melilo
GIVENS PURSLEY LLP
601 W. Bannok Strt
P:û.Box2720
Boise, 1083701
[phone]
[phone] (fax)
cam(âgivenspursley.com
MOTION TO INTNE OUT OF TIME AND PETITION TO INTRVENE OF IDAHO
TELECOM ALLIANCE
TFW-T-01 - 1
Copies of all pleadings, production requests, production responses, commission
orders and other documents should be provided to:
Cynthia A. Melilo
GIVENS PURSLEY LLP
601 W. Bannock Street
P.O. Box 2720
Boise, 10 83701
[phone]
[phone] (fax)
cam(âgivenspursley.com
2. Intervenor is a state telephone association, and its members include both
commercial companies and cooperatives. The fourteen (14) members of Intervenor
provide basic and advancing telecommunications services in rural Idaho. All of the
members are rural telephone companies as defined in 47 U.S.C. § 153(37), and all the
members (or affliates of the members) are designated Eligible Telecommunications
Carrers (-ETC") in Idaho and claim a direct and substantial interest in this proeding in
that it does not believe that designation of TracFone as an ETC is in the public interest.
3. Intervenor intends to participate herein as a part, and if necessary, to
introduce evidence, cross-examine witnesses, call and examine witnesses and be
heard in argument. The nature and qualit of evidence which this Intervenor wil
introduce is dependent upon the nature and effec of other evidence in this proceing.
4. Intervenor asserts that it was unaware of the earlier intervention deadline
in this proceeding and, therefore, respelly moves this Commission to allow it. to
intervne in the public interest. Without the opportnit to interene herein, this
Intervenor would be without any means of particpatin in this proeding which may
MOTION TO INTERVENE OUT OF TIME AND PETITION TO INTERVENE OF IDAHO
TELECOM ALIANCE
TFW-T -01 - 2
have a material impact on the Commission's public interest criteria for designation of
ETCs in Idaho's rural, high-cst areas.
5. Granting this Intervenots petition to intervene wil not unduly broaden the
issues nor wil it prejudice any part to this case; rather, granting the petition will serve
the public's interest.
6. Intervenor further requests that the Commission extend the comment
deadline in this matter to at least forty-five (45) days following the date the Commission
grants its petition to intervene , to afford Intervenor the opportunity to review the record
and supporting documentation, if any, and to propound appropriate discovery, if
necessry.
WHEREFORE, Intervenor respectfully moves the Commission to allow it to file its
petiion to intervene in this matter and requests that this Commission grant said petition
and thereby allow Intervenor to appear and participate in all matters as may be
necessary and appropriate; and to present evidence, call and examine witnesses,
present argument and to otherwse fully partcipate in these proceedings.
DATED this 14th day of May 2010.
By:~~a£4i!f
~Yñ. MeliÛÕ
GIVENS PURSLEY LLP
Attornys for Idaho Telecm Allance
MOTION TO INTERVENE OUT OF TIME AND PETITION TO INTERVENE OF IDAHO
TELECOM ALLIANCE
TFW-T-01 - 3
..
CERTIFICATE OF SERVICE
I hereby certify that on this 14th day of May 2010, I caused to be served a true
and correct copy of the foregoing by the method indicated below, and addressed to the
following:
Jean Jewell
Idaho Public Utilties Commission
472 West Washington Street
Boise, 10 83702
o U.S. Mail
o Overnight Mail
(8 Hand Delivery
o Fax [phone])
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MOTION TO INTERVENE OUT OF TIME AND PETITION TO INTERVENE OF IDAHO
TELECOM ALLIANCE
TFW-T -09-01 - 4