20030205Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:WELDON STUTZMAN
DATE:FEBRUARY 5, 2003
SUBJECT:CASE NO. GNR-01-
STIPULATION FOR DISMISSAL OF CASE TO DETERMINE POLE
ATTACHMENT RATE FOR CABLE ONE AND IDAHO POWER
This case was initiated when Cable One, Inc. filed a Petition on October 30, 2001
requesting the Commission establish a pole attachment rate for Cable One and Idaho Power
Company. The Petition was filed pursuant to Idaho Code 9 61-538, which authorizes the
Commission to establish rates for providing space on a utility company s poles "whenever a
public utility and cable television company are unable to agree upon the rates." The Companies
participated in a workshop sponsored by the Commission, and thereafter were able to resolve the
pole attachment rate by agreement. Accordingly, on February 3, 2003 , Cable One and Idaho
Power filed a Stipulation for dismissal, also signed by Staff, stating that the Petition could be
withdrawn and the case dismissed by the Commission.
Because the Commission authority in Section 61-538 is to resolve a pole
attachment rate dispute, and there now being no disagreement between Cable One and Idaho
Power, it is appropriate for the Commission to allow the withdrawal of the Petition and dismiss
the case.
Staff recommends the Commission issue an Order authorizing the withdrawal of the
Petition and closing the case.
COMMISSION DECISION
Should the Commission issue an Order authorizing the withdrawal of the Petition and
closing the case?
1)-
Weldon Stutzman
bls/M:GNREOIO2 ws3