19991220Order No 28235.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 BRIEFING SCHEDULE

ORDER NO. 28235

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.
The parties have agreed to brief the Commission regarding whether the Commission has jurisdiction to decide the issues raised by the Petitioners in the Petition. The parties have suggested that initial briefs be filed simultaneously in the last two weeks in January 2000, with reply briefs filed simultaneously two weeks later.
FINDINGS

The Commission finds that opening briefs should be filed with the Commission by close of business on Monday, January 24, 2000, and reply briefs with the Commission by the close of business on Monday, February 7, 2000, regarding whether the Commission has jurisdiction to decide the issues raised by the Petitioners in the Petition.
O R D E R
IT IS HEREBY ORDERED that all parties file opening briefs with the Commission by close of business on Monday, January 24, 2000, and reply briefs with the Commission by the close of business on Monday, February 7, 2000, regarding whether the Commission has jurisdiction to decide the issues raised by the Petitioners in the Petition.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of December 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna Walters
Commission Secretary

O:uswt9924_cc

NOTICE OF BRIEFING SCHEDULE
ORDER NO. 28235 -1-

Office of the Secretary
Service Date
December 20, 1999