19921214.docx

MINUTES OF DECISION MEETING
December 14, 1992 - 1:30 p.m.
In attendance were:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members:  Mike Gilmore, Scott Woodbury, Lori Mann, Mary Friddle, Tonya Clark, Gary Richardson, Bev Barker, Belinda Anderson, Syd Lansing, Joe Cusick, Eileen Benner, Jim Long, Belinda Anderson, Brad Purdy and Myrna Walters.  Also in attendance were Walt Sorg from GTE and Ron Lightfoot from U. S. West.
Items from the December 14, 1992 Agenda were discussed as follows:
1.  Mary Friddle's December 11, 1992 Decision Memorandum re:  Twin Falls Agency Closure - Case No. UPRR-92-04.
**After discussion, was decided to notice this up and see if there are requests for hearing.
Commissioner Smith asked about Weiser/Payette case?
Mary Friddle reported that Don Howell had talked to the Fruit and Vegetable people and they want a hearing in that case.  He also asked why they didn't show up in Nampa.  They didn't feel input was necessary in Nampa but they want input in Weiser. (UP-RR-92-2)
2.  Lori Mann's December 9, 1992 Decision Memorandum re:  ITA's Surcharge Application; GNR-T-92-14.
Commissioner Miller said Commissioners went through quite a bit of work to insure that they had flexibility to do something besides per line surcharge.  Would like to look into other options before approving this.  From a philosophical point of view, seems like the expense of providing TRS is an expense that appropriately can be rolled into rates of the company instead of collecting a surcharge. Don't know if that is possible at this point but is not just ready to stamp this off.
Commissioner Smith said we have already initiated an investigation into Albion saying they are overearning.  
Lori Mann suggested the filing could be suspended.
COmmissioner Smith commented this is just an operating expense and when they come in to change rates we will look at it.
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Commissioner Miller said - suppose the thing to do is suspend this.  Do think they should have an opportunity to say why surcharges are better or why should they be done instead of rolling them into rates generally.  Probably written comments would do it.  Was willing to listen to them.
Discussed modified procedure and how it could state the issue of being neutral.
**In attendance at this time were:  Dave Schunke, Bill Eastlake, Stephanie Miller, Judy Stokes and Randy Lobb.
3.  Don Howell's December 9,l 1992 Decision Memorandum re:  EAS Bridging by Upper Valley Communications, Inc.
Commissioner Smith said she thought the person should charge measured rates.  
Commissioner Miller asked what the consumer inquiry was that started this?
Belinda Anderson said she got a phone call regarding the people marketing the service.  Got call from Economic Regulation person wondering if it should be regulated.
Commissioner MIller asked what the company said about filing a tariff?
Belinda Anderson reported they have filed under Title 62.
Commissioner Miller asked if Belinda Anderson has worked along those lines of compliance?
Belinda Anderson responded.  They are not in compliance on TRS.
Commissioner Miller asked - are they willing to work with staff to find a solution to the problem?
Belinda Anderson said she thought they were willing.  Thought they wanted decision from the Commission that they are a Title 62 provider.
Commissioner Smith asked if they were Title 61 or Title 62?
Mike Gilmore responded that they look like a traditional phone company.  Thought the big problem is their equipment doesn't keep track of calls.
Commissioner Smith said their biggest problem is they are taking away toll minutes.  It seems unfair that they should provide this toll substitute service and not have to pay USF.
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Commissioner Miller asked why we care?
Commissioner Smith said because it is loss of revenue.
Commissioner Nelson said the only stake he sees is the USF money.  Would like to hear more about it.
Commissioner Smith said the way to make it fair is to make this person take measured service.
Commissioner Miller said on the one hand you think people should be able in a competitive market structure to do things in a way that are presumably useful.  If the price you have to pay for those service to another company is regulated, then we would have an interest in the structure of that price structure that the reseller has to pay to the regulated company.  Is trying to figure out the regulatory reasonss for determining access charges when it is deregulated.  Maybe the pricing piece of it is premature.  Maybe they should be raised by a complaint from the local exchange company.  That is how the Washington case started.  Maybe we shouldn't be concerned until the company is.
Commissioner Smith asked Commissioner Miller if he viewed it differently?
Commissioner Miller said he didn't know what the right answer was but it is immediately clear that we don't need to reach out and prescribe a rate for his interconnection when interconnection is unregulated.
Commissioner Smith asked how many lines Upper Valley was taking?
Belinda Anderson said she thought they started out with 10.
**Ron Lightfoot said it was 5.  Explained that they are from Utah.
Comissioner Nelson suggested opening a case to give people an opportunity to look at it.
Commissioner Miller said they are not claiming they don't have any USF obligation, they are saying they cannot figure it. (Do not have the capability).
Commissioner Smith said in the meantime tell them to  pay USF and TRS.
Belinda Anderson asked if they can estimate?
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Mike Gilmore said they have to have equipment that can figure minutes.
They are to be told that.
Staff will write to them for the time being.  Don't open a case at this point in time.
4.  Don Oliason/Scott Woodbury December 9, 1992 Decision Memorandum re:  PPL-E-91-3 - George Gow Complaint.
Case will now be closed.
**In attendance at this time was Conley Ward, Attorney at Law.
5.  Brad Purdy's December 9, 1992 Decision Memorandum re:  Case No. ISL-W-92-1; Island Park's Request for Extension of Comment Deadline.
Commissioner Smith mentioned the letters she got from customers.  Asked if there was any truth to the allegations?
Brad Purdy said he didn't know.  Spoke to the Buffalo River people objecting.
Commissioner Smith said her view is these people have asked for a reasonable delay.
All Commissioners concurred in granting request for more time to comment.
6.  Belinda Anderson's December 9, 1992 Decision Memorandum re:  GTE's Request for EAS Surcharge in Peck, Pierce and Weippe and GTE's Request to Correct Semi-Public Rates.
Eileen Benner explained that these routes are not in the tariffs.  They are all separate exchanges.
Commissioner Nelson said he thought we should consider these in the next rate case or add the surcharge now.  But don't mind delaying it until the next rate case if someone would make a note in the file.
Commissioner Miller said he was concerned, even though the surcharge will have to happen, that implementing them now would cause customer confusion and complaint.  Given the fact that the revenue ticket on it is $7200, and from what we know, know that the overall revenues of the company are compensatory, would delay it until the next rate case.
Decision:  Defer to next rate case.
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7.  Joe Cusick's December 9, 1992 Decision Memorandum re:  GTE Tariff; Order No. 24578.
Approved.
8.  Kooskia Exchange Boundary - Decision Memorandum withdrawn.  Joe Cusick reported US WEst has filed formal application for boundary change.  Should not have filed tariff advice in this matter at this time.
9.  Mike Gilmore's December 10, 1992 Decision Memorandum re:  FERC Proposed Rulemaking Concerning Persons Seeking Exempt Wholesale Generator (EWG) Status.
Commissioner Smith said she thought it was a good idea - only had one suggestion - define the term state commission.
Discussed the matter.
Decided to say Commission doesn't endorse this but does have these suggestions.  Put in a qualifier.
10. Mike Gilmore's December 10, 1992 Decision Memorandum re:  Davis v. Idaho Power Line Extension Complaint - Case No. IPC-E-92-24.
Commissioner Miller said he wondered if the prefiling requirement of the company wasn't an unnecessary burden on the complainant.  Wonder what the factual issues are.  Just want to be sure we aren't disadvantaging the complainant if we don't need to.
Mike Gilmore suggested just asking him to file a statement of position and be ready to testimony.
**Schedule the hearing and have Davis file a statement in advance of the hearing.
11. Bev Barker's December 10, 1992 Decision Memorandum re:  U S West Communications Tariff Advice No. 92-15-S.
Bev Barker said she had an addition to her recommendation.  She had recommended approval on the understanding she had with the company on rewording of the section.  Added to her recommendation adopting all but one particular section.
Decision was to suspend the filing.
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12. Joe Cusick's December 11, 1992 Decision Memorandum re:  Assignment of N11 Codes to Enhanced Service Providers.
Commissioner Miller asked Joe Cusick what the status of the letter was?
Joe Cusick replied that to his knowledge there was no response from Infodial and we have not responded.
Commissioner Smith asked if we had to do anything?  Do we normally do anything?  Suggested writing back saying we do not assign numbers.  
Commissioner Miller said - or we could say if you are not happy with the company you could file a complaint.  Said his preference would be to advise them if they wish to pursue this, they can file a complaint.
Commissioner Smith asked who should respond - Mike Gilmore or Myrna Walters?
*Mike Gilmore will respond.
13. Belinda Anderson's December 11, 1992 Decision Memorandum re:  U S West (NORTH) Tariff 92-8-N to Change Access Rates for Radio Common Carrier or Cellular Exchange Carrier Provided Service to Interexchange Carriers.
Commissioner Smith asked if this had anything to do with Kent Searle?  Tried to file it so it was clear what pages would be changed.
Commissioner Miller asked Ron Lightfoot if this is usually negotiated by contract?
Ron Lightfoot said this addresses the connection between the interexchange carrier and a cellular company.
Approved.
14.  Tom Faull's December 11, 1992 Decision Memorandum re:  IPCo Tariff Advice No. 92-4; Schedule 60, Solar Photovoltaic Service.
After brief discussion, Commissioners approved the tariff advice.
15. Bill Eastlake's December 11, 1992 Decision Memorandum re:  UPL-PPL Advice No. 92-4.
Okayed by all three Commissioners.
16. Jim Long and Belinda Anderson's December 10, 1992 Decision Memorandum re:  Staff recommendation for disconnection of Mountain Phone Company - West (MPC) pay phones.
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Commissioner Smith asked staff if the 7 days notice that they asked for was in anticipation of what we were doing today?
Belinda Anderson explained what standard procedure is.  It is routine with any complaint.
Mike Gilmore said normally it is payphone specific.
Belinda Anderson said the LECs were sent the decision memo so they could notify the company.  Jim Long has the list of specific locations.
**Richard Sands of Mountain Phone Company was in attendance at this time.
Mr. Sands said the individual locations inspected require specific programming for 10xxx access and 911.  Usually they are allowed.  AT&T changes their access codes for unequal access message occasionally and it changed recently.  Said as of two weeks ago went to robot.  Phones were thrown out of wack.  Those were the ones Jim Long tried.  By mistake when you called 911, they accessed AT&T.  Is working on fixing the problem. Will take a matter of days to fix the programming.  As ADA relates to phones installed since '91, they will take time to come into compliance.
Commissioner Nelson said we had trouble with these phones back in August.  Looked like these are the same phones.  Thought that at a minimum should be able to access local operator until the 911 is worked out.
Richard Sands said in McCall it is working.  In New Meadows, Riggins, White Bird, there is no 911, those go directly out to an operator.  The mistake with AT&T was just an error.
Commissioner Nelson said the fact is if you dial zero, you should get an operator who could help you.
Richards Sands explained the phone at Hoots Cafe.  Said this morning he programmed it so that it goes directly to U. S. West and then to an AT&T operator.
Discussed White Bird being GTE.
Richard Sands asked Walt Sorg if GTE operators are able to identify the locations?  
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Commissioner Smith said - lets have the Commission issue a formal complaint and Mr. Sands can respond to the Commission.
Mike Gilmore explained the complaint procedure to Mr. Sands.
Commissioner Miller questioned disconnecting?
**The 7 day requirement will stand.
Belinda Anderson explained that staff wanted those phones that have a problem to be fixed in 7 days.
Commissioner Miller asked - what about the ones that don't comply with amplification?
Belinda Anderson said that includes that also.
Mr. Sands asked about just one needing amplification?
Commissioner Miller said these things need to be resolved but he was not in favor of putting people out of business.  Want to make sure that this disconnection notice does not put this company out of business.
Belinda Anderson explained it would not include more than what they have looked at.  
**Mary Hobson from U. S. West was in attendance at this time.
Belinda Anderson said the LECs will get the list.  Staff will probably reverify.  Asked if Commissioners should revisit Rules 9 and 10 to give Commission more authority on perpetual problems.  Explained what the problem is.  Said the technology in this area has exceeded our ability to be on top of compliance.  Staff has discussed these cases and think we need more authority on perpetual cases.
Commissioner Nelson said - could look at it but don't know that we don't already have that authority.
Mr. Sands said he couldn't imagine that happening in this state.  Venders try to keep up on these so there is less vandalism.  Said they were doing their best.  Think it was solved 25 minutes ago.  Necessity to create turn-off because of conspiracy is far fetched.
Commissioner Smith asked Belinda Anderson if it was her intention to start workshops first?
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**Can be done on an informal level.
Commissioner Miller said it was not necessary that the outcome be a rule.  If that problem does exist, it is hard to be addressed by a rule.
Mike Gilmore suggested it could be a protocol matter.
**Go ahead with the 7 day notification.
17. Terri Carlock's December 11, 1992 Decision Memorandum re:  Citizens Utilities Company Request for Common Stock Issuance Authority; Case No. CUC-S-92-3.
Approved.
18. Terri Carlock's December 11, 1992 Decision Memorandum re:  Citizens Utilities Company Request for $212,500,000 Aggregate Principal Amount of Industrial Development Revenue Bonds; Case No. CUC-S-92-4.
Approved.
19. Mike Gilmore's December 10, 1992 Decision Memorandum re:  Proposed Amendments to Telephone Customer Relations Rules--31.D and Bev Barker's December 11, 1992 Decision Memorandum supplementing Mike Gilmore's Decision Memorandum.
Commissioner Smith said it looked fine to her and she liked Bev Barker's recommendation, too.
Commissioners okayed proposed amendments.
Meeting was adjourned.
        DATED at Boise, Idaho this       day of January, 1993.
Myrna J. Walters
Commission Secretary
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