HomeMy WebLinkAbout26836.docx(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF SPRINT SPECTRUM PETITION FOR ARBITRATION PURSUANT
TO SECTION 252(b) OF THE TELECOMMUNICATIONS ACT OF 1996 OF THE RATES, TERMS, AND CONDITIONS OF INTERCONNECTION WITH GTE NORTHWEST INCORPORATED
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CASE NO. USW-T-97-7
SPS-T-97-1
ORDER NO. 26836
PROCEDURAL ORDER
On February 14, 1997, Sprint Spectrum (Sprint) filed with the Commission a Petition for Arbitration with U S WEST Communications, Inc. pursuant to Section 252(b) of the federal Telecommunications Act of 1996. Sprint also filed a Motion for Pre-arbitration Procedural Order to address the appointment of an arbitrator, discovery and the arbitrator’s request for information, scheduling, and other issues to process the arbitration. U S WEST filed its Answer on March 4, 1997.
In order to provide a schedule and address other issues for this arbitration, the Commission finds that it is appropriate to issue this Procedural Order.
Arbitrator: The Commission will act as arbitrator in this case.
Discovery: Discovery permitted by the Commission’s Rules of Procedure will be permitted in this proceeding. In addition, the parties must cooperate in good faith by promptly and informally exchanging all documents and other information relevant to the disputed issues, subject to claims of privilege or confidentiality. Failure to exchange information may be deemed a failure to negotiate in good faith under the Act.
Request for Information: Pursuant to 47 U.S.C. § 252(b)(4)(B), the Commission may require the parties to provide any information necessary to reach a decision on unresolved issues. If any party refuses or fails unreasonably to respond in a timely basis to any reasonable request by the Commission, the Commission may proceed on the basis of the best information available from whatever source derived. The parties will respond to such requests for information within seven days, unless another time is set by the Commission.
Prehearing Conferences: The Commission may hold a prehearing conference to identify and discuss the issues to be resolved; review scheduling issues and the status of discovery and address discovery disputes; discuss motions anticipated by the parties; and other such issues. At the time of the conference, either party may request a decision requiring a response to any outstanding discovery request. Such a request for a decision for discovery should include an explanation of why the information is necessary to reach a decision on an unresolved issue. The Commission shall determine the date and time for prehearing conference(s), which may be conducted by conference calls.
Prehearing Statement: Each party will file a prehearing statement designating all issues the party believes remain in dispute, the party’s position on each such issue, and arguments as to why the party’s position should be accepted by the arbitrator. Prehearing statements shall be filed no later than May 2, 1997.
Proposed Order: No later than seven days after close of the hearing, each party will provide to the Commission and the other party its proposed arbitration order, setting forth a proposed resolution of each issue presented for arbitration.
Arbitration Decision: The Commission will issue an Arbitration Decision which shall constitute the resolution by the Commission of the issues submitted for arbitration. The Arbitration Decision shall comply with the requirements of 47 U.S.C. § 252(c).
Schedule: The following schedule is adopted for this case:
Direct testimony of Sprint filed
Direct testimony of U S WEST filed
Rebuttal testimony of Sprint filed
Rebuttal testimony of U S WEST
Hearing commences
Arbitration decision
March 18, 1997
April 14, 1997
April 24, 1997
April 30, 1997
May 7, 1997
No later than June 11, 1997
The Commission for good cause or by agreement of the parties may allow changes to the schedule.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of March 1997.
RALPH NELSON, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
vld/O:USW-T-97-7.ws
COMMENTS AND ANNOTATIONS
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Service Date
March 17, 1997