20100413notice_of_hearing_order_no_31043.pdf

Office of the Secretary
Service Date
April 13 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF TIME WARNER CABLE INFORMATION
SERVICES (IDAHO), LLC FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE AND INTEREXCHANGE
TELECOMMUNICATIONS SERVICES
WITHIN THE STATE OF IDAHO
) CASE NO. TIM-08-
) NOTICE OF
) RECONSIDERATION SCHEDULE
) NOTICE OF HEARING
ORDER NO. 31043
PROCEDURAL BACKGROUND
On November 14, 2008 , Time Warner Cable Information Services (Idaho), LLC
TWCIS" or "Company ) filed an Application for a Certificate of Public Convenience and
Necessity (CPCN) pursuant to Idaho Code 99 61-526 through -528, IDAPA 31.01.01.111 and
Commission Order No. 26665 to provide competitive facilities-based local and interexchange
telecommunications services within the State of Idaho. Staff and representatives of TWCIS
entered into a prolonged period of discussions regarding the Company s initial Application. On
November 14, 2009, the Company filed a supplement to its Application.
On December 4 2009, the Commission issued a Notice of Application and Modified
Procedure. Commission Staff was the only party to submit written comments regarding TWCIS'
Application. Subsequently, Staff and representatives of the Company entered into another series
of discussions during which the parties agreed that TWCIS would be permitted to issue a written
comments.
reply to Staffs comments. On January 29 2010, TWCIS submitted a written response to Staffs
On February 23 , 2010, the Commission issued an Order denying TWCIS'
Application for a CPCN. See Order No. 31012. On March 16, 2010, TWCIS filed a Petition for
Reconsideration of the Commission s Order. On March 23 , 2010, Staff filed its Answer to
TWCIS' Petition for Reconsideration.
COMMISSION DECISION
Pursuant to Idaho Code 9 61-626(2), "within twenty-eight (28) days after the filing
of a petition for reconsideration the Commission shall determine whether or not it will grant such
reconsideration, and make and enter its order accordingly. If reconsideration be granted, said
NOTICE OF RECONSIDERATION SCHEDULE
NOTICE OF HEARING
ORDER NO. 31043
order shall specify how the matter wil1 be reconsidered. . . ." The Commission must complete its
reconsideration, whether it be through a rehearing, or the filing of written briefs, comments, or
interrogatories, within 13 weeks after the deadline for filing petitions for reconsideration. Id.
The Commission must then issue an order upon reconsideration within 28 days after the matter is
finally submitted. Id.; IDAPA 31.01.01.331-332.
The Commission has determined that due to the factual nature and relative
complexity of the issues associated with TWCIS' Petition for Reconsideration and Staffs
Answer, we must conduct a more thorough review of the existing record. Additionally, the
Commission finds that it is reasonable and necessary to augment the existing record through the
submission of supplemental testimony from the parties and a hearing on the issues. Specifically,
the Commission seeks written testimony pertaining to TWCIS' potential for access to
interconnection with the networks and facilities of incumbent local exchange carriers (ILECs) in
Idaho.
NOTICE OF RECONSIDERATION SCHEDULE
YOU ARE HEREBY NOTIFIED that the Commission has adopted the following
schedule upon reconsideration:
TWCIS Direct Testimony No later than May 13 2010
Staff Rebuttal Testimony No later than May 27 2010
NOTICE OF HEARING
YOU ARE FURTHER NOTIFIED that the Commission wil1 conduct a hearing in
Case No. TIM-08-01 commencing on THURSDAY. JUNE 10.2010. AT 9:30 A.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 RECONSIDERATION SCHEDULE
NOTICE OF HEARING
ORDER NO. 31043
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
E- mail: secretaryCfYpuc.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, IDAP A 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that Time Warner Cable Information Services (Idaho),
LLC's Petition for Reconsideration of Order No. 31012 is granted for the limited purpose of
obtaining additional information in the form of direct testimony and to convene a hearing.
IT IS FURTHER ORDERED that the parties shall submit written testimony with the
Commission in accordance with the schedule outlined above.
IT IS FURTHER ORDERED that a hearing on this matter will take place on June 10
2010, at 9:30 a.m. in the Commission Hearing Room, Boise, Idaho.
NOTICE OF RECONSIDERATION SCHEDULE
NOTICE OF HEARING
ORDER NO. 31043
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /3
f-i1
day of April 2010.
~/. ~~
JI MPTON , P IDENT
ff 6hJ1
MARSHA H. SMITH, COMMISSIONER
ATTEST:~l)~
J . D. Jewel
Commission Secretary
O:TIM-O8-np3
NOTICE OF RECONSIDERATION SCHEDULE
NOTICE OF HEARINGORDER NO. 31043