19910117.docx

Minutes of Decision Meeting
January 17, 1991 - 3:00 p.m.
In attendance were:
Commissioners Joe Miller, Perry Swisher and Ralph Nelson and staff members Don Howell and Myrna Walters.
Subject of the decision meeting was the Silver Star/Dravo case - SIL-T-90-1.
Don Howell reported to the Commission that the parties were drafint a proposed agreement.  Said Conley Ward counsel for Silver Star asserted that everyone agreed to the third draft of the agreement with minor changes.  There have been logistical problems to work out before it could be signed.
Commissioners reviewed the proposed settlement.
Commissioner Swisher asked if in their agreement they have arrived at a figure?
Don Howell pointed out that it was included in the stipulation.
Commissioner Swisher asked about the line extension costs?
Don Howell said the last proposal was $34,000.  If Monsanto can come in at the same, it will change.  They will each get a credit of $6,000 under the line extension refund policy of Silver Star.
Commissioner Nelson asked what kind of long distance service this gives them?
Don Howell said they are putting in T Screen - top of the line analog - not fiber.
Said Stephanie Miller has worked on the wording.
Commissioner Swisher asked that on Points 7 and 8 of the stipulation, he wanted very strong language in the order, don't just want to say they agree.  Have to say something very strong - that this isn't condoned  and re-enforce Commission's obligation to see that in the future no such ventures are allowed to occur.
Don Howell said the way the order is structured it lays out the procedural background.  Then goes to chronologic order.  Shows by that that U. S. West did know they were going to sign an interconnect before the phone call was made.
-2-
Didn't bring it to anyone's attention specifically.  Did lay it out chronologically.
Commissioner Swisher said he thought the relationship between Dravo and Monsanto should be laid out.
Don Howell said there is no language in about ARCO.  Do have language about what the Commission thinks the statute says.
**Commissioners decided there was no real need to go into the legal analysis stuff.
Commissioner Swisher said what order should say is Commission majority is in complete agreement with Commission President's stand on viability of certificated area.  Went through hearing before we certificated the territory in Oregon to Pine Telephone.
Adjourned.
        DATED at Boise, Idaho this       day of January, 1991.

PRESIDENT

COMMISSIONER

COMMISSIONER
ATTEST:

Commission Secretary
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