20110217notice_of_technical_hearing_order_no_32179.pdf

Office of the Secretary
Service Date
February 17, 2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF TRACFONE WIRELESS, INC. FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER NOTICE OF SCHEDULE
CASE NO. TFW-O9-
NOTICE OF
TECHNI CAL HEARING
ORDER NO. 32179
On October 29, 2009, TracFone Wireless, Inc. ("TracFone" or "Company ) filed an
Application, pursuant to Section 214( e )(2) of the Communications Act of 1934, seeking
designation as an eligible telecommunications carrier ("ETC") in Idaho. Application at 1.
February 5 2010, the Commission issued an Order denying TracFone s Application. See Order
No. 30996.
On March 1 , 2010, TracFone filed a Petition for Reconsideration and an Amended
Application for ETC designation. On March 8 , 2010, Commission Staff filed an Answer to
TracFone s Petition. Subsequently, TracFone submitted a letter withdrawing its Petition for
Reconsideration and expressing its support for a process that would facilitate a Staff review and
recommendation regarding its Amended Application within 60 days.
On May 14, 2010, CTC Telecom, Inc. dba Snake River PCS ("CTC") and Idaho
Telecom Alliance ("ITA"), pursuant to Commission Rule of Procedure 71 , IDAPA 31.01.01.071
each filed a Motion to Intervene Out of Time and Petition to Intervene. On May 19, 2010
TracFone filed, pursuant to Commission Rule of Procedure 75 , IDAPA 31.01.01.075 , a Motion
in Opposition of TracFone Wireless, Inc. to Petitions to Intervene of CTC Telecom, Inc. dba
Snake River PCS and Idaho Telecom Alliance. On May 24, 2010, CTC and ITA each filed
Replies to TracFone s Motion in Opposition.
On May 28 2010, the Commission issued an Order granting CTC and ITA's Petitions
to Intervene. See Order No. 31096. The Commission also mandated that the parties hold a
scheduling conference "in order to develop an appropriate schedule going forward in this case
including a hearing if needed.Id. at 3.
NOTICE OF SCHEDULE
NOTICE OF TECHNICAL HEARING
ORDER NO. 32179
On November 15, 2010, representatives for TracFone, ITA, CTC and Commission
Staff convened a scheduling conference at the Commission s Offices.
On November 24, 2010, the Commission ordered the parties to submit a prehearing
brief outlining the legal and factual issues pertaining to this case no later than December 17
2010. See Order No. 32127. Each of the parties submitted a prehearing issues statement to the
Commission.
On January 24, 2011 , the Commission held its weekly decision meeting wherein it
issued a unanimous ruling that a full technical hearing would be necessary in this case.
NOTICE OF SCHEDULE
YOU ARE HEREBY NOTIFIED that the Commission has adopted the following
schedule regarding the filing of written testimony in this case:
Date:
No later than February 25, 2011
No later than March 18 2011
Event:
TracFone deadline to file direct testimony
No later than March 23 , 2011
Staff/Intervenors deadline to file direct
testimony
TracFone deadline to file rebuttal
testimony
NOTICE OF TECHNICAL HEARING
YOU ARE FURTHER NOTIFIED that the Commission will conduct a technical
hearing in Case No. TFW-09-01 commencing on THURSDAY. MARCH 31. 2011. at 9:30
M. IN THE COMMISSION HEARING ROOM. 472 WEST WASHINGTON. BOISE.
IDAHO.
YOU ARE FURTHER NOTIFIED that the hearing in this matter will be held in
facilities meeting the accessibility requirements of the Americans with Disabilities Act (ADA).
Persons needing the help of a sign language interpreter or other assistance in order to participate
in or to understand testimony and argument at a public hearing may ask the Commission to
provide a sign language interpreter or other assistance at the hearing. The request for assistance
must be received at least five (5) working days before the hearing by contacting the Commission
Secretary at:
NOTICE OF SCHEDULE
NOTICE OF TECHNICAL HEARING
ORDER NO. 32179
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
E- mail: secretary(fYpuc.i daho. gov
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 61 of the Idaho Code and that the
Commission may enter any final Order consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that the parties shall submit prefiled written testimony to
the Commission in accordance with the schedule outlined above.
IT IS FURTHER ORDERED that a technical hearing in this matter will take place on
March 31 2011 , at 9:30 a.m. in the Commission Hearing Room.
NOTICE OF SCHEDULE
NOTICE OF TECHNICAL HEARING
ORDER NO. 32179
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /7;1t
day of February 2011.
~L~
D. KE PTON PRE ENT
JJ~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~KJ
a D. Jewell
Commission Secretary
O:TFW-O9-np6
NOTICE OF SCHEDULE
NOTICE OF TECHNICAL HEARING
ORDER NO. 32179