COUNSEL.docx

December 14, 1998
Mary S.  Hobson, Esq.
Stoel Rives LLP
101 S Capitol Blvd, Suite 1900
Boise, ID   83702-9011
Marcy Greene, Esq.
Swidler & Berlin
3000 K Street, NW, Ste 300
Washington, D.C. 20007-5116
Re: Complaint of Tel-Save Against U S WEST, Idaho PUC Case No. USW-T-98-7
Dear Counsel:
As I mentioned in our previous telephone conversations, the Commission has asked me to inquire how the parties wish to proceed in this matter.
It is my understanding that the parties have agreed to postpone further action until the FCC addresses slamming rules when it meets on December 17, 1998.  Allowing for time to review the FCC’s action and the upcoming holidays, I propose the following schedule:
January 5, 1999
January 19, 1999
U S WEST files responsive pleading regarding its: 1) affirmative defense of federal preemption, 2) the status of its investigation to accept E-mails directly from customers (Answer at ¶17); and 3) any additional comments arising from the FCC’s slamming rules/decision issued on December 17, 1998.
Tel-Save response to U S WEST pleading and FCC action
Finally, if you intend to conduct discovery, then you may wish to do so at this time.
Best wishes for a joyous holiday season.
Sincerely,
Donald L.  Howell, II
Deputy Attorney General
DLH/vld
cc:Commissioners
Beverly Barker
Birdelle Brown
L:counsel.dh