20000809Order No 28473.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 NO. 28473

On September 24, 1999, Robert Ryder dba Radio Paging Service, Joseph McNeal dba PageData and Interpage of Idaho filed a Petition for Declaratory Order stating two counts for relief. All Petitioners are one-way paging companies that have purchased the use of facilities off of U S WEST Communications, Inc.’s price list (“Price List”). On July 5, 2000, the Commission dismissed both counts. Order No. 28427.
On July 20, 2000, the Petitioners filed a Motion for Reconsideration alleging that the Supremacy Clause of the United States Constitution and the Federal Communications Commission (FCC) rules obligate the states -- and in this case, the Commission -- to enforce federal law. However, the Petitioners do not explain how the Supremacy Clause obligates this Commission to enforce federal law without an express delegation from the state legislature.
On July 25, 2000, Staff filed its Opposition to Reconsideration, recommending that the Commission further require all parties to carefully brief the issue of how the Supremacy Clause obligates this Commission to enforce federal law without an express delegation from the state legislature. The Commission agrees that this issue should be briefed.
On July 27, 2000, U S WEST (Qwest) filed its Answer to Petition for Reconsideration. While Qwest supports the Commission’s July 5 order, Qwest believes that it is appropriate for the Commission to grant reconsideration to consider the effect of the TSR Memorandum Opinion and Order, if any, on its decision. The Commission agrees. Moreover, Qwest requests the opportunity to create a factual record regarding the Petitioners current bills and which ones, if any, are affected by the TSR Order. Therefore, the Commission grants reconsideration and orders the parties to brief several issues.
First, the parties should address this Commission’s obligation to enforce federal law in the absence of an express delegation from the state legislature. Second, because the TSR Order potentially implicates this Commission’s ratemaking authority, the parties should address the TSR Order itself. Finally, Qwest requested authority to create a factual record regarding the Petitioners’ charges and those factual issues concerning the provision of interconnection to paging carriers in general. The Commission grants all parties the authority to create a limited factual record.
O R D E R
IT IS HEREBY ORDERED that reconsideration is granted.
IT IS FURTHER ORDERED that all parties file briefs addressing the issues identified above by August 31, 2000.

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

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:uswt9924_cc7
On June 30, 2000, U S WEST, Inc. the parent and sole shareholder of U S WEST Communications, Inc., merged with and into Qwest Communications International Inc. and on July 6, 2000, U S WEST was renamed Qwest Corporation. Qwest’s Answer to Petition for Reconsideration, footnote 1.

TSR Wireless, LLC v. U S WEST, Memorandum Opinion And Order, (adopted May 31, 2000 and released June 21, 2000), File Nos. E-98-13, E-98-15, 98-16, E-98-17, E-98-18.

ORDER NO. 28473 -1-

Office of the Secretary
Service Date
August 9, 2000