990331vdh.docx

DECISION MEMORANDUM
TO:COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
TONYA CLARK
STEPHANIE MILLER
JOE CUSICK
WAYNE HART
BEV BARKER
DAVID SCOTT
WORKING FILE
FROM:DON HOWELL
DATE:MARCH 31, 1999
RE:WITHDRAWAL OF THE ROCKY MOUNTAIN COMMUNICATIONS’ COMPLAINT AGAINST U S WEST, CASE NO. USW-T-98-4
In April 1998, Rocky Mountain Communications (RMC) filed a formal complaint against U S WEST Communications.  Rocky Mountain claimed that U S WEST had billed it for services at rates exceeding the filed rates.  Following several unsuccessful attempts to resolve this complaint, the Commission issued an Order setting this matter for hearing.
In Order No. 27941 issued February 24, 1999, the Commission suspended a prefiling schedule in this matter so that the parties could continue settlement discussions.  After about 16 hours of negotiations, the parties agreed to settle their dispute.  On April 1, 1999, the parties formally notified the Commission and requested that the Commission issue an Order dismissing the case.(footnote: 1)
COMMISSION ACTION
Given the agreement of the parties, does the Commission wish to dismiss the complaint against U S WEST?

Don Howell
vld/M:USW-T-98-4.dh2
FOOTNOTES
1:
The Commission’s Procedural Rule 67 allows a party to withdraw a pleading after it files a Notice of Withdrawal with the Commission and serves it on all other parties.  “Unless otherwise ordered by the Commission, the Notice is effective fourteen (14) days after filing.”  IDAPA 31.01.01.067.