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HomeMy WebLinkAbout20110421order_no_32231.pdfOffice of the Secretary Service Date April 21,2011 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE FIRST ) AMENDED APPLICATION OF )CASE NO.TFW-T-09-O1 TRACFONE WIRELESS,INC.FOR )DESIGNATION AS AN ELIGIBLE )NOTICE OF POST-HEARING TELECOMMUNICATIONS CARRIER )BRIEFING SCHEDULE ) ___________________________ )ORDER NO.32231 On March 31,2011,the Commission conducted a technical hearing in the above- entitled case.At the conclusion of the technical hearing,the Commission instructed counsel for TracFone Wireless,Inc.(“TracFone”)that the Company had until April 8,2011,to advise the Commission as to whether a post-hearing legal brief would be necessary. On April 8,2011,TracFone submitted a letter to the Commission stating that it believes that briefs addressing unresolved legal issues will be necessary in order to assist the Commission in rendering an appropriate decision in this matter.Among the issues cited by TracFone are those regarding the applicability of certain taxes and fees on prepaid,non-billed telecommunications services. TracFone requests that the Commission issue an Order directing parties to submit post-hearing briefs.TracFone proposes that initial briefs be due not less than (30)days following receipt by the parties of the reporter’s transcript of the March 31 hearing,and that reply briefs be due not less than twenty-one (21)days thereafter.TracFone also requests that all parties be directed to serve copies of their briefs on other parties by electronic mail. On April 14,2011,Idaho Telecom Alliance and CTC Telecom,Inc.(“Intervenors”) filed a joint letter wherein they expressed their objection to TracFone’s request for permission to file a post-hearing brief.Alternatively,the Intervenors asked the Commission to limit the breadth and scope of the post-hearing brief to “TracFone’s obligations under the IECA [(Idaho Emergency Communications Act)].”Intervenor’s Letter at 2. NOTICE OF POST-HEARING BRIEFING SCHEDULE YOU ARE HEREBY NOTIFIED that the Commission has adopted the following schedule regarding the filing of post-hearing briefs in Case No.TFW-T-09-01: NOTICE OF POST-HEARING BRIEFING SCHEDULE ORDERNO.32231 EVENT DATE Initial Briefs Due 30 days from the Service Date of this Order Reply Briefs Due 21 days after Filing Deadline for Initial Briefs ORDER IT IS HEREBY ORDERED that the parties shall submit initial briefs no later than 30 days from the service date of this Order. IT IS FURTHER ORDERED that the parties shall submit reply briefs no later than 21 days from the filing deadline for initial briefs. IT IS FURTHER ORDERED that the scope of the parties’briefs shall be limited to whether TracFone is legally obligated to remit certain fees pursuant to the Idaho Emergency Communications Act (IECA)or the Idaho Telecommunications Service Assistance Program (ITSAP). DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this ,Z/‘ day of April 2011. PAUL KJE A DER,PRESIDENT \ MACK A.REDFOk12C61MISSIONER il MARSHA H.SMITH,COMMISSIONER ATTEST: / Je’an D.JeweD’ Commission Secretary 0:TFW-T-09-O 1_np? NOTICE OF POST-HEARING BRIEFING SCHEDULE ORDER NO.32231