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HomeMy WebLinkAbout990415_dh.doc DECISION MEMORANDUM TO: COMMISSIONER HANSEN COMMISSIONER SMITH COMMISSIONER KJELLANDER MYRNA WALTERS STEPHANIE MILLER TONYA CLARK LYNN ANDERSON JOE CUSICK BIRDELLE BROWN BEVERLY BARKER DAVID SCOTT WORKING FILE FROM: DON HOWELL DATE: APRIL 15, 1999 RE: TEL-SAVE’S MOTION TO WITHDRAW ITS COMPLAINT AGAINST U S WEST, CASE NO. USW-T-98-7 On April 13, 1999, Tel-Save filed a Motion to withdraw its complaint against U S WEST Communications. Briefly, Tel-Save had filed a complaint against U S WEST in June 1998 alleging that U S WEST had unreasonably refused to lift “PC freezes” by means of E-mail. PC means “primary carrier” and a PC freeze prohibits the unauthorized switching of a customer’s selected primary toll carrier. In its Motion Tel-Save asserted that “the parties have reached a voluntary resolution.” Motion at 1. The Commission’s Procedural Rule 67 allows a party to withdraw a pleading upon notice to the Commission and other parties. IDAPA 31.01.01.067. Given the representations contained in Tel-Save’s Motion, does the Commission find it reasonable to allow Tel-Save to withdraw its complaint without prejudice? There are no other parties in this case. Commission Action Does the Commission desire to allow Tel-Save to withdraw its complaint without prejudice? Don Howell Vld/M:USW-T-98-7.dh DECISION MEMORANDUM