PETITION.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF GST TELECOM, INC.’S PETITION FOR ARBITRA­TION PURSUANT TO SECTION 252(b) OF THE TELECOMMUNICA­TIONS ACT OF 1996 OF THE RATES, TERMS, AND CONDITIONS OF INTERCONNECTION WITH U S WEST.  
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CASE NO. USW-T-97-9
GST-T-97-1
NOTICE OF PETITION FOR
            ARBITRATION
To: U S WEST Communications Inc.
YOU ARE HEREBY NOTIFIED that GST Telecom, Inc. (GST) on March 17, 1997 filed a Petition for Arbitration with the Commission pursuant to Section 252 (b) of the federal Telecommunications Act of 1996.  The Petition alleges that GST requested interconnection, services, or network elements with U S WEST pursuant to Section 251 of the Act, that negotiations for an agreement have occurred, but that issues between the parties remain unresolved.
The Petition and Section 252 establish the following dates for an arbitration process:
Date negotiation request filed with U S WESTOctober 8, 1996
Date arbitration petition filedMarch 17, 1997
Date for U S WEST’s response to petitionApril 11, 1997
Deadline for resolution by arbitrationJuly 8, 1997
To ensure timely resolution of the Petition, the Commission may schedule a pre-arbitration conference.  During the pre-arbitration conference, the parties must be prepared to identify specific issues that have been resolved and that remain unresolved, to discuss the need and schedule for exchanging information, and to determine a schedule for providing information and prefiled testimony for the arbitration.
The Petition identifies numerous issues necessary to provide comprehensive terms for interconnection by GST with U S WEST’s networks, resale of U S WEST’s services, unbundling of U S WEST’s network, and electronic interfaces for customer services.
The three-member Commission may serve as an arbitration panel, or the Commission may appoint a neutral third party to arbitrate any or all issues in dispute, with all costs to be paid by the parties.  In its response, U S WEST should identify proposed arbitrators.  Following resolution of the disputed issues by arbitration, the Commission will have 30 days to approve the entire agreement of the parties pursuant to Section 252(e) of the Act.
The arbitrator will limit its consideration of the Petition to the issues set forth in the Petition and in the response, if any, of U S WEST.  The arbitrator may require the parties to provide information as may be necessary to reach a decision on the unresolved issues.  If any party refuses or fails unreasonably to respond on a timely basis to any reasonable request for information, then the arbitrator may proceed on the basis of the best information available to it from whatever source derived.
The Commission encourages the parties to continue their discussions to resolve the remaining issues.  If the parties reach an agreement, it must be submitted to the Commission for approval pursuant to Section 252(e).
DATED at Boise, Idaho this day of March 1997.

Myrna J. Walters
Commission Secretary
vld/N:uswt979.ws
COMMENTS AND ANNOTATIONS
Text Box 1:
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Office of the Secretary
Service Date
March 26, 1997