20110124min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

JANUARY 24, 2011 – 1:30 P.M.

(SUBJECT TO COMMISSION APPROVAL)

In attendance were Commissioners Jim Kempton, Marsha Smith, and Mack Redford.

Commissioner Kempton called the meeting to order. The first order of business was APPROVAL OF MINUTES FROM PREVIOUS MEETING on Monday, January 19, 2011. The Commission voted unanimously to approve the minutes as written.

The second order of business was approval of the CONSENT AGENDA:
2. Carolee Hall's January 18, 2011 Decision Memorandum re: Application for Approval of an Amendment to the Interconnection Agreement Between Qwest and Greenfly Networks, Inc. dba Clearfly Communications, Case No. QWE-T-09-02.3. Grace Seaman's January 20, 2011 Decision Memorandum re: Qwest Corporation's Application for Approval of Amendment to the Interconnection Agreement, Case No. QWE-T-08-03.4. Kristine Sasser's January 21, 2011 Decision Memorandum re: Blue Ribbon Energy's Late-Filed Petition for Intervention in the Matter of the Joint Petition of the Electric Utilities to Address Avoided Cost Issues and to Adjust the Published Avoided Cost Rate Eligibility Cap, Case No. GNR-E-10-04.5. TJ Golo's January 19, 2011 Decision Memorandum re: Idaho Power Company Tariff Advice No. 10-05 Adding City of New Plymouth Franchise Fee.
Regarding items 2, 3 and 4, there was no discussion and the Commission voted unanimously to approve Staff’s recommendations.
Regarding item 5, Mr. Golo stated that he had been advised by the Commission’s General Counsel, Don Howell, that when a franchise fee exceeds one percent either the company or the city must agree to the higher fee. Mr. Golo said he had contacted Idaho Power and confirmed that the company had agreed to the 1.5% fee.
Given this additional information, the Commission voted unanimously to accept Idaho Power’s Tariff Advice No. 10-05 for filing.
The next order of business was MATTERS IN PROGRESS:
6. Amended Application of TracFone Wireless, Inc. for Designation as an Eligible Telecommunications Carrier in the State of Idaho, Case No. TFW-T-09-01. [Neil Price, Attorney]
Mr. Price gave an overview of the progress in this case to date. He noted that the parties had convened a scheduling conference and the Commission had requested that the parties file briefs, which they have done. He noted that Staff has concerns about TrafFone’s application and the public interest standards but believes the case can be processed by modified procedure. He stated that TracFone also believes the case can be processed by modified procedure but two of the parties are requesting a full hearing. He said the question before the Commission is whether to schedule a hearing or process the case by modified procedure with a comment deadline.
Commissioner Smith stated that she didn’t want to subject the parties to more procedure than is necessary but on the other hand, the Commission needs to make sure all questions are answered.
Commissioner Kempton asked the parties present at the meeting to give the Commission their thoughts on whether a hearing is necessary.
Molly O’Leary, counsel for CTC Telecom, Inc. dba CTC Wireless, stated that CTC Telecom presented its issues in the brief it filed with the Commission. She noted that the Commission is charged with protecting the public interest and TracFone’s application presents a whole new set of concerns regarding granting ETC status in rural areas. She said it would be best to step back and give the issues thoughtful consideration.
Cynthia Melillo, counsel for the Idaho Telecom Alliance (ITA), stated she agreed with Ms. O’Leary. She noted the FCC is taking a different stance with TracFone and some of the issues touched upon in ITA’s brief, such as Lifeline carriers and how to certify households, could be expanded upon at a hearing.
Commissioner Smith stated she was trying to sort out if there are specific factual questions that would benefit from a hearing.
Ms. O’Leary added that TracFone’s pleadings do not focus on the FCC’s waiver under forebearance and TracFone hasn’t presented evidence of a benefit to rural areas. She said competitive eligible telecommunications carriers (ETCs) have committed to making improvements, but there are questions as to the real impact of allowing non-facilities-based carriers to take customers away from ETCs.
Commissioner Smith made a motion that the Commission explore the issues using a combination of briefs and a hearing. Commissioner Kempton added that the Commission will expect standards of specificity during the course of the hearing. The Commission voted unanimously to approve the motion.
There was no further business before the Commission and Commissioner Kempton adjourned the meeting.

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COMMISSION SECRETARY DATE OF APPROVAL