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HomeMy WebLinkAbout20000323Order No 28314.docBEFORE 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. ) ) ) ) ) ) ) ) ) ) CASE NO. USW-T-99-24 ORDER GRANTING EXTENSION OF TIME NOTICE OF CHANGE IN BRIEFING SCHEDULE ORDER NO. 28314 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 ordered the Staff to file a brief on March 21, 2000, concerning the Commission’s jurisdiction to decide these issues. In addition, the Commission changed the date for the parties to file simultaneous reply briefs to April 4, 2000. On March 20, 2000, Commission Staff filed a motion for an extension of time, pursuant to Rule 256.03 (IDAPA 31.01.01.256.03), within which to file its brief. Staff alleged that all parties had been contacted and that the attorney for U S WEST did not object. The attorney for the Petitioners was left a voice mail message. Based on those assertions, the Commission finds an extension is appropriate and orders that the following scheduling be adopted: Commission Staff Brief Friday, March 24, 2000 Reply Briefs Friday, April 7, 2000 O R D E R IT IS HEREBY ORDERED that Staff file its brief on the jurisdictional issues on Friday, March 24, 2000. IT IS FURTHER ORDERED that the other parties file reply briefs with the Commission by close of business on Friday, April 7, 2000. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of March 2000. DENNIS S. HANSEN, PRESIDENT MARSHA H. SMITH, COMMISSIONER PAUL KJELLANDER, COMMISSIONER ATTEST: Myrna J. Walters Commission Secretary O:uswt9924_cc3 NOTICE OF CHANGE IN BRIEFING SCHEDULE ORDER GRANTING EXTENSION ORDER NO. 28314 -1- Office of the Secretary Service Date March 23, 2000