20000207Order No 28281.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT PETITION OF ROBERT RYDER, DBA RADIO PAGING SERVICE, JOSEPH MCNEAL, DBA PAGEDATA AND INTERPAGE OF IDAHO, FOR A DECLARATORY ORDER AND RECOVERY OF OVERCHARGES FROM U S WEST COMMUNICATIONS, INC.
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CASE NO. USW-T-99-24

NOTICE OF CHANGE IN BRIEFING SCHEDULE

ORDER NO. 28281

On September 24, 1999, Robert Ryder dba Radio Paging Service, Joseph McNeal dba PageData and Interpage of Idaho filed a Petition for Declaratory Order alleging that the dedicated transport and channel facilities charges in U S WEST Communications, Inc.’s price list for CMRS providers are preempted by Federal Communications Commission rules (47 C.F.R. § 51.701) and interpretation. They request the Commission rule that those rules prohibit U S WEST from charging them, or any other paging service, for the cost of U S WEST’s transmission facilities being used on a dedicated basis to deliver local traffic that originated on U S WEST’s network to them. They further request the Commission order U S WEST to reimburse all CMRS providers for these alleged overcharges. They do not allege that U S WEST failed to follow the price list on file with the Commission.
On December 20, 1999, the Commission ordered the parties to brief the issue of whether the Commission has jurisdiction to decide the issues raised by the Petitioners in the Petition. The Commission ordered opening briefs be filed Monday, January 24, 2000, and reply briefs due Monday, February 7, 2000. Order No. 28235. On January 24, 2000, Tel-Car, Inc. filed a Petition to Intervene.
After briefly reviewing the parties’ opening briefs, the Commission hereby orders the Staff to file a brief on March 21, 2000, concerning the Commission’s jurisdiction to decide these issues. In addition, the Commission changes the date for the parties to file simultaneous reply briefs to April 4, 2000.

O R D E R
IT IS HEREBY ORDERED that Staff file its brief on the jurisdictional issues on Tuesday, March 21, 2000.
IT IS FURTHER ORDERED that the other parties file reply briefs with the Commission by close of business on Tuesday, April 4, 2000.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of February 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna Walters
Commission Secretary

O:uswt9924_cc2

NOTICE OF CHANGE
IN BRIEFING SCHEDULE
ORDER NO. 28281 -1-

Office of the Secretary
Service Date
February 7, 2000