20000427Order No 28356.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

ORDER SCHEDULING ORAL ARGUMENT

ORDER NO. 28356

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 to 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 to 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 24, 2000, the Staff filed its brief. U S WEST filed its reply on April 7, 2000. On April 17, 2000, the Petitioners sent a letter to the Commission indicating they were not filing a reply brief but responding to several issues in Staff’s brief. The Commission finds oral argument would be useful in deciding the issues. Therefore, pursuant to Commission Rule 254 (IDAPA 31.01.01.254) the Commission schedules oral argument for 2:30 p.m. on May 24, 2000,
NOTICE OF ORAL ARGUMENT
YOU ARE HEREBY NOTIFIED that the Commission will hear oral argument in this matter on WEDNESDAY, MAY 24, 2000, AT 2:30 P.M. IN THE COMMISSION’S HEARING ROOM, 472 WEST WASHINGTON, BOISE, IDAHO.
YOU ARE FURTHER NOTIFIED that all hearings in this matter will be held in facilities meeting the accessibility requirements of the Americans with Disabilities Act. In order to participate, understand testimony and argument at a public hearing, persons needing the help of a sign language interpreter or other assistance may ask the Commission to provide a sign language interpreter or other assistance as required under the Americans with Disabilities Act. The request for assistance must be received at least five (5) working days before the hearing by contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, ID 83720-0074
[phone] (TELEPHONE)
[phone] (TEXT TELEPHONE)
[phone] (FAX)

YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code and that the Commission may enter any final order consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
O R D E R
IT IS HEREBY ORDERED that the parties may participate in oral argument to begin at 2:30 p.m. on May 24, 2000, in the Commission hearing room.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of April 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:uswt9924_cc5

ORDER SCHEDULING ORAL ARGUMENT
ORDER NO. 28356 -1-

Office of the Secretary
Service Date
April 27, 2000