20021125Stipulation.pdf

HECEIVED
BEFORE THE ID~OOfPUBLIC U'tjLITIES COMMISSION
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IDAHO POWER COMPANY, INC.
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UTILITIES COt'it'HSSIQNPetitioner, Complainant,
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CASE NO. GNR-Ol-
CABLE ONE, INc.,
STIPULATION
Respondent.
Cable One, Inc. (Cable One), Idaho Power Company (Idaho Power) and Idaho Cable
Telecommunications Association (ICT A), by and through their respective counsel of record
stipulate and agree as follows:
1. This case was initiated when Cable One filed a petition for declaratory ruling and
complaint for determination of pole attachment rates pursuant to Idaho Code ~ 61-538. Idaho
Power in its answer agreed that the Commission should establish the appropriate pole attachment
rate to be charged by Idaho Power to Cable One. A Petition to Intervene was filed by and
approved for the ICT A.
2. The parties filed a stipulation on April 5 , 2002, asking the Commission to stay
the proceedings in this case while a broader proceeding was established, Case No. GNR-02-
to consider an appropriate pole attachment rate formula or formulas to resolve future disputes
between cable television companies and public utilities.The Commission approved the
stipulation filed by the parties in Order No. 28999 issued April 12 , 2002. A workshop was
convened in Case No. GNR-02-2 and several comments were filed by the participants in that
case, but the parties were unable to reach a consensus on an appropriate pole attachment formula
to present to the Commission.
3. Although the proceedings in Case No. GNR-02-were productive in
identifying and narrowing the issues, Cable One, Idaho Power and the ICT A now believe the
most efficient way to proceed is for the Commission to resolve their dispute in this case. Idaho
Power, Cable One and the ICT A are optimistic that the issue can be presented to the Commission
without an evidentiary hearing. Idaho Power, Cable One and the ICTA will work as
STIPULATION
expeditiously as possible to pursue a stipulation of material facts to present to the Commission
and submit written briefs to present the pole attachment dispute to the Commission. If the
parties or the Commission desire oral argument, the matter will then be scheduled by the
Commission for oral argument. If the parties or the Commission do not desire oral argument, the
Commission may determine that the matter is fully submitted and issue its decision on the merits.
Cable One, Idaho Power and the ICT A in the stipulation filed April 5 , 2002
agreed that the time requirement in the Commission s Rule of Procedure 151 shall be waived.
The parties also agreed on a pole attachment rate for calendar year 2002 that Cable One will pay
to Idaho Power, and also agreed that any increase or decrease in the pole attachment rate
resulting from a Commission decision shall apply retroactively to Cable One s pole attachment
rates for 2001 and 2002 without interest. Those provisions ofthe April 5, 2002 stipulation shall
remain in effect.
5. Cable One, Idaho Power and the ICT A request that the Commission approve this
stipulation and enter a procedural order to enable the parties to proceed in this Case
No. GNR-01-, and establish a pole attachment rate for Cable One and Idaho Power.
DATED this day of November 2002.
\\ ' UiL~ler
Attorney for Cable One
Larry D. Ipley
Attorney for Idaho Power Company
Ronald L. Williams
Attorney for Idaho Cable Telecommunications
Association
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STIPULATION