HomeMy WebLinkAbout20030620_509.pdfDECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:JOHN HAMMOND
DATE:JUNE 17, 2003
SUBJECT:IN THE MATTER OF IAT COMMUNICATIONS, INC. DBA NTCH-
IDAHO, INc. OR CLEAR TALK FOR DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER, CASE NO. GNR-03-8 AND
IN THE MATTER OF THE APPLICATION OF NPCR, INC. DBA
NEXTEL PARTNERS SEEKING DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER, CASE NO. GNR-03-16.
On February 3 and April 28, 2003 respectively, Clear Talk and Nextel Partners filed
Applications requesting that the Commission designate them as "Eligible Telecommunications
Carriers
" ("
ETC"). On May 27 2003, the Commission issued Order No. 29240 that directed the
joint processing of these Applications. Order No. 29261 at 1. The Commission also ordered the
Applications be processed by Modified Procedure under the Commission s Rules of Procedure
and set June 24, 2003 as the deadline for interested persons and parties to file written comments
on the Companies' Applications. Id. at 5-6. In addition, the Commission required that any party
protesting the use of Modified Procedure file a written protest "stating why Modified Procedure
should not be used" along with a request for an evidentiary hearing. Id. at 5.
On June 10, 2003, the Idaho Telephone Association ("ITA") filed its Protest
opposing the use of Modified Procedure to process these Applications and requesting that the
Commission schedule this joint proceeding for a full evidentiary hearing. Nextel Partners filed a
response on June 16. On June 17, 2003 , Citizens Telecommunications Company of Idaho
Potlatch Telephone Company, CenturyTel of Idaho and CenturyTel of the Gem State filed a
combined request for a stay of this proceeding pursuant to Commission Rules of Procedure 203
and 324.1 These Companies did not request oral argument on its request. They request a stay
1 Citizens Telecommunications Company of Idaho is the only Company in this group that has been granted
intervention into this proceeding. See Order No. 29248.
DECISION MEMORANDUM
until such time as the FCC has issued its ruling in Docket No. 96-45. In this Docket the FCC
requested the Federal-State Joint Board on Universal Service to "review certain of the
Commission s rules relating to the high-cost universal support mechanisms to ensure that the
dual goals of preserving universal service and fostering competition continue to be fulfilled.
These Companies represent that a decision is anticipated in late 2003 or early 2004. These
Companies also stated that should the Commission not wish to stay these proceedings they
support IT A's request for an evidentiary hearing.
STAFF RECOMMENDATION
The Citizens' groups' request for stay was filed on June 17 , 2003. Pursuant to
Commission Rule of Procedure 256 interested persons and parties have seven days to join the
motion or file their own for similar relief. IDAP A 31.01.01.256.04. In addition, interested
persons and parties have 14 days from the filing of the last joinder or motion to respond. !d.
Staff believes that the parties in this case should have the opportunity to respond to this request.
Accordingly, Staff recommends that the Commission suspend the written comment deadline
established by Order No. 29240 so that they may focus on this issue. Staff also suggests that the
Commission also allow parties time to further respond to IT A's request for an evidentiary
hearing. Staff recommends that the Commission shorten the response time for parties to weigh
in on these matters to June 26, 2003. After all responses are filed Staff will submit a Decision
Memorandum placing the stay request, ITA's request for an evidentiary hearing and any other
procedural matters on the Commission s next available Decision Meeting Agenda for resolution
based on the written submissions.
COMMISSION DECISION
Does the Commission wish to suspend the written comment deadline for this joint
proceeding?
Does the Commission wish to require interested persons and parties to file responses
to the Request for a Stay of these proceedings by June 26, 2003?
Hammond
M:GNRTO316- GNRTO308jh2
Federal-State Joint Board on Universal Service CC Docket No. 96-, Order FCC 02-307 (reI. Nov. 8, 2002)
(Referral Order).
DECISION MEMORANDUM