20070326min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

March 26, 2007 – 1:30 P.M.

In attendance were Commissioners Paul Kjellander, Marsha Smith and Mack Redford.

Commissioner Kjellander called the meeting to order. The first order of business was approval of MINUTES FROM PREVIOUS MEETING on March 12, 2007. Commissioner Kjellander moved for approval of the minutes. A vote was taken on the motion and it carried unanimously.

The second order of business was approval of the CONSENT AGENDA, items 2 – 8. There was no discussion. Commissioner Kjellander moved for approval of the Consent Agenda. A vote was taken on the motion and it carried unanimously.

The next order of business was MATTERS IN PROGRESS:

Cecelia Gassner’s March 23, 2007 Decision Memorandum re: In the Matter of Edge Wireless, LLC’s Application for Designation as an Eligible Telecommunications Carrier, Case No. EDG-T-07-01.

Ms. Gassner reviewed her Decision Memo. Commissioner Smith suggested the Commission set a deadline for discovery, select a hearing date, and then after the parties conduct their discovery, decide whether a hearing is necessary. She said she didn’t see the usefulness of a prehearing conference if it is just to pick dates. Commissioner Smith noted that the legal counsel for Edge Wireless and the Idaho Telephone Association (ITA) were present and if they disagreed with her assessment she would be happy to hear from them.

Molly O’Leary, on behalf of Edge Wireless LLC, stated that ITA had every opportunity to request the information and ITA’s request and posture at this stage of the proceeding will delay the case. She said Edge Wireless would be more than happy to share the information once a protective order is entered into. She said the most that should be provided to ITA is an opportunity to look at the information, which they have already had but failed to avail themselves of, and extend the comment period another 10 to 14 days, or whatever the Commission decides is appropriate. She reiterated that ITA had an opportunity to look at this information but chose not to do so.

Conley Ward, of Givens Pursley LLC, on behalf of the ITA, replied that the Commission’s rules provide for 30 days to comment on an application put out for modified procedure. He said 30 days is a pretty quick turn around compared to judicial proceedings or something similar, especially when representing an association. Mr. Ward said ITA filed its Petition to Intervene in a timely manner and it was granted, but he was gone for a week after filing the Petition to Intervene and when he returned he had to round up his clients to see what their response would be. He stated there had been no time to get the data he wants even assuming at face value they could have had it just for the asking. He mentioned the time involved to enter into a protective agreement and hire an expert to evaluate the information. He said he was willing to deal with whatever further procedures the Commission authorizes and had asked for a hearing or further proceedings because the rules regarding modified procedure seem to be an either/or proposition-- that is you either accept the fact it is going to be processed without a hearing or you ask for a hearing. He stated he would like further proceedings and something along the lines of Commissioner Smith’s suggestion would be fine. Mr. Ward said his ultimate objective is to determine whether this company is capable of serving throughout the service territories in which it has filed.

Commissioner Smith asked Mr. Ward if 28 days would be sufficient. He replied that would depend on how quickly they can execute the protective agreement. Commissioner Smith made a motion to continue further proceedings on the Edge Wireless application by allowing a 28-day period for discovery based on the representations of Edge that the materials sought are immediately available and the proprietary agreement can be expeditiously executed, and the parties are to notify the Commission after that period whether or not they believe a live hearing is necessary. There was no further discussion. A vote was taken on the motion and it carried unanimously.

Grace Seaman’s March 23, 2007 Decision Memorandum re: 2006 Annual Report and Recommendation for the Idaho Telephone Service Assistance Program.

Ms. Seaman reviewed her Decision Memo. She noted Alyson Anderson, Administrator of the Idaho Telephone Service Assistance Program (ITSAP), was participating in the meeting via conference call.

Commissioner Kjellander asked Ms. Anderson how things are going. She reported that the number of credit recipients has leveled off and they aren’t seeing the huge increases in the number of wireless access lines, either. She said things are going smoothly and they have adequate funds to reimburse the companies. Commissioner Kjellander asked if it is reasonable to conduct independent audits every two years, which was one of the recommendations from the recent PUC audit. Ms. Anderson replied they have been doing them every three years but it would not be a problem to change the schedule to every two years.

Commissioner Kjellander made a motion to continue with the monthly ITSAP surcharge rate of $0.06 per line. A vote was taken on the motion and it carried unanimously.

There was no further business before the Commission and Commissioner Kjellander adjourned the meeting.

DATED this ______ day of March, 2007.

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COMMISSION SECRETARY