2001312_denison_hall.doc

March 12, 2001

VIA FACSIMILE

Robin L. Denison
Stoel Rives, LLP
101 S Capitol Blvd., Suite 1900
Boise, ID 83702-5958

Brian T. Tucker
Scott R. Hall
Anderson Nelson Hall Smith, PA
490 Memorial Drive
PO Box 51630
Idaho Falls, ID 83405-1630
FAX No.: 208-523-7254

Re: Microserv v. Qwest Communications, PUC Case No. USW-T-99-20
Proposed Conference Call March 14, 2001

Dear Counsel:

The Commission is in receipt of Microserv’s Motion for Restraining Order and/or Preliminary Injunction transmitted by facsimile on March 7, 2001. It was my understanding after speaking to both Ms. Denison and Mr. Tucker on or about February 20, that Qwest would not terminate service to Microserv while the complaint was pending at the Public Utilities Commission. In telephone conversation with Ms. Denison on March 8, 2001, she confirmed that Qwest would not terminate service while the complaint was pending. Consequently, I am wondering whether it is necessary for the Commission to rule on the Motion for Restraining Order/Preliminary Injunction?

The Commission has also asked me to contact both parties to determine how best to proceed with this case given the fact that prolonged settlement negotiations have been unfruitful. More specifically, do the parties believe it is necessary to conduct further discovery and have an evidentiary hearing, or can this matter be decided by the Commission on written pleadings by the parties?

To facilitate the processing of this case, I propose to initiate a conference call to each counsel on Wednesday, March 14, 2001 at 10:00 a.m. MST. The purpose of the call would be to: (1) discuss whether the Commission needs to rule on the Motion or can the Motion simply be withdrawn given Qwest’s admission not to terminate service; and (2) how this case should be processed. Please be prepared to discuss scheduling dates. If this time for a conference call is inconvenient, please contact me immediately at [phone] so that we may make other arrangements.

I look forward to talking with you on Wednesday.

Sincerely yours,

Donald L. Howell, II
Deputy Attorney General

Enclosures

cc: Commissioners
Vld/L:Denison_Hall_dh
Robin Denison
Brian Tucker
March 12, 2001
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