20021127Decision Memo.doc

DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
RON LAW
LOU ANN WESTERFIELD
RANDY LOBB
DON HOWELL
MICHAEL FUSS
TONYA CLARK
BEV BARKER
GENE FADNESS
WORKING FILE

FROM: WELDON STUTZMAN

DATE: NOVEMBER 27, 2002

RE: CASE NO. GNR-E-01-2
PARTIES’ STIPULATION FOR CASE PROCEDURE

This Case No. GNR-E-01-2 was initiated by Cable One, Inc. when it filed a petition for the Commission to establish pole attachment rates for Cable One and Idaho Power Company pursuant to Idaho Code § 61-538. The parties subsequently filed a stipulation asking the Commission to stay the proceedings in this case and open a broader proceeding to consider appropriate pole attachment rate formulas to resolve future disputes between cable television companies and public utilities. Numerous other parties participated in a workshop in the new case, Case No. GNR-E-02-2, and provided written comments to propose pole attachment rate formulas, but the parties were unable to reach a consensus on an appropriate formula to present to the Commission.
On November 25, 2002, Cable One, Idaho Power and the Idaho Cable Telecommunications Association (ICTA), an intervenor in this case, filed a new stipulation asking the Commission to now proceed in Case No. GNR-E-01-2 to resolve the pole attachment rate for Cable One and Idaho Power. The stipulation states that the parties “now believe the most efficient way to proceed is for the Commission to resolve their dispute in this case,” and the parties “are optimistic that the issue can be presented to the Commission without an evidentiary hearing.” The parties state in their stipulation that they will attempt to agree on a statement of material facts and submit written briefs to present the pole attachment dispute to the Commission. The Commission can then schedule an oral argument if it or the parties desire, or may determine the matter is fully submitted and issue its decision on the merits. The parties in Case No. GNR-E-02-2 have been notified that the parties in this case would ask the Commission to resolve only the Cable One/Idaho Power rate, and either agreed it was the better way to proceed or raised no objection.
Staff recommends the Commission approve the procedural stipulation filed by the parties and establish a schedule for Idaho Power, Cable One, the ICTA and Staff to submit written briefs regarding an appropriate pole attachment formula.
COMMISSION DECISION
Should the Commission approve the stipulation filed by the parties and provide a procedural schedule to resolve the pole attachment dispute between Cable One and Idaho Power Company?

Weldon B. Stutzman

bls/M:GNRE0102_ws2

DECISION MEMORANDUM 1