980409.docx

WELDON B. STUTZMAN
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
PO Box 83720
Boise, ID  83720-0074
Tele:  [phone]
FAX: [phone]
Street Address for Express Mail:
472 W. Washington
Boise, ID  83702-5983
Attorney for the Commission Staff
MARY S. HOBSON, ESQ.
Stoel Rives LLP
101 S. Capitol Blvd, Suite 1900
Boise, ID   83702-9011
Attorney for U S WEST
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE INVESTIGATION INTO U S WEST COMMUNICATIONS INC.’S COMPLIANCE WITH SECTION 271 OF THE TELECOMMUNICATIONS ACT OF 1996.
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CASE NO. USW-T-97-14
STIPULATION FOR PROCESSING U S WEST’S SECTION 271 FILING
Section 271 of the Telecommunications Act of 1996 states the requirements U S WEST must meet before it can offer interLATA long distance services in each state of its 14 state region.  Section 271 requires U S WEST to file a Petition with the Federal Communications Commission and satisfy the requirements set forth by the FCC.  The Act also requires the FCC to consult with this Commission and the U.S. Department of Justice to verify U S WEST’s compliance with the entry requirements.  The FCC is required to issue a written decision on any Section 271 application within 90 days of its filing.  47 U.S.C. § 271(d)(3).  Because of this short time frame, the FCC has restricted the consultation phase for state commissions to just 20 days after the filing of an application.
In order for the IPUC to provide a meaningful consultation to the FCC within the 20-day period following a U S WEST Section 271 application, the Commission must complete its evaluation prior to the filing of the application with the FCC.  Accordingly, this stipulation is entered into by U S WEST and the Commission Staff to provide a procedural schedule to enable the Commission to complete its evaluation prior to U S WEST’s filing of a Section 271 application with the FCC.  
U S WEST and the Commission Staff agree that U S WEST will initiate a Section 271 proceeding with the IPUC pursuant to the following schedule:
(1) Upon issuance of an Order by the Commission approving this Stipulation, all interested parties should be given an opportunity to provide notice of intent to participate as a party in U S WEST’s Section 271 case.  Any interested party that provides such notice should be deemed a party intervenor upon the filing of U S WEST’s Section 271 application.  U S WEST further agrees that it will present to Staff and interested parties a protective agreement for use for the disclosure of proprietary and confidential information in connection with U S WEST’s Section 271 application in the subsequent docket.
(2) No less than 90 days before filing its Section 271 application for Idaho with the FCC, U S WEST will provide to the IPUC a notice of its intent to file the application, along with supporting sworn evidence, exhibits and workpapers on the issues of actual compliance with Section 271(c), U S WEST’s intentions as to separate affiliates, and issues relating to the public interest, convenience, and necessity, including a detailed account of the current status of local service competition in U S WEST’s Idaho service territory.  On the same date, U S WEST will also notify all interested persons and intervenors of its intentions to file its application with the FCC and of the pendency of this fact-finding procedure before the IPUC.
(3) Because of the limited time for the Commission to complete its evaluation, the procedural schedule leaves little time for protracted discovery.  Given that the Commission’s role is limited to consultation with the FCC regarding U S WEST’s compliance with Section 271(c), the parties agree to present focused discovery requests limited to the topics of satisfaction of either a Track A or Track B approach and compliance with the 14-point check list.  To facilitate the discovery process, the parties hereto agree that all discovery responses should be filed on or before eight calendar days following the date of in-hand service of the discovery requests.  Initial discovery requests directed to U S WEST must be received by U S WEST on or before the twelfth day following the submission to the IPUC of the filing.
(4) On or before 24 days after the filing in paragraph 2, intervenors will file sworn evidence, exhibits and workpapers related to the question of whether U S WEST should be allowed to provide interLATA service for calls originating in Idaho.  Discovery directed to intervenors must be received no later than 10 days after the intervenors have filed their evidence.
(5) On or before 45 days after the filing in paragraph 2, U S WEST will file reply sworn evidence, exhibits and workpapers.  Discovery directed to U S WEST regarding its reply evidence must be received by U S WEST no later than 5 days after U S WEST files its reply evidence.
(6) A hearing to allow cross-examination of prefiled testimony will be held between 55 and 70 days after the filing in paragraph 2.
(7) Simultaneous post-hearing briefs of all parties will be filed on or before 14 days after the beginning date of the hearing.
(8) Within one business day of its Section 271 filing for Idaho with the FCC, U S WEST will file with the Commission a copy of the filing, including copies of any evidence filed with the FCC that was not included in the Commission’s fact-finding proceeding.
DATED at Boise, Idaho this                  day of April 1998.
IDAHO PUBLIC UTILITIES COMMISSION STAFF
By:

Weldon B. Stutzman
Deputy Attorney General
U S WEST COMMUNICATIONS
By:

Mary S. Hobson, Esq.
vld/N:USW-T-97-14.stp