19950601_3.docx

MINUTES OF DECISION MEETING
June 1, 1995 - 10:00 a.m.
In attendance at this time were Commissioners Ralph Nelson, Marsha H. Smith and Dennis S. Hansen.  Also in attendance were Don Howell, Stephanie Miller, Eileen Benner, Joe Cusick, Jim Long, Gary Richardson, Judy Stokes, Madonna Faunce, Tonya Clark and Myrna Walters.  Also in attendance were Mary Hobson and John Souba of U S West.
Item No. 8 from the June 1, 1995 Agenda was the matter to be discussed at this 10:00 a.m., Decision Meeting.  All other matters will be discussed at 1:30 p.m., as previously noticed out.
8.  Don Howell's May 30, 1995 Decision Memorandum re:  Valley Link's Complaint and Petition for Stay, Case No. USW-S-95-3 - needs to be acted upon before 1:30, the time set for the 6-1-95 Decision Meeting.
Commission President Ralph Nelson called the meeting to order.  
Explained the reason for holding this meeting without 24-hour notice was because of the perceived financial consequences to the petitioner, of the pending disconnection of service.
Commissioner Nelson said he assumed everyone had an opportunity to read the petition for stay and the response by U S West.  Started with his impressions.  Said he was disappointed that Valley Link waited until the 30th of May to file this petition so we had almost no time to make an investigation as to the merits of their claims.  The U S West response takes issue with those claims and in general states they (Valley Link) has had a lot of time to switch to the correct service.  In the Petition, Valley Link talks about delays caused by U S West and the fact that they have been trying since August to get switched over and they haven't been able to get there.  Thought that while he didn't think we would be in any position to discuss the merits of the allegations, did think that in considering the financial harm that could come to Valley Link, with disconnection, on a 30 day stay, it would be his recommendation to grant the stay and instruct the staff to do some investigation over the next couple of weeks as to whether this switch can take place almost immediately or whether there are really some problems that Valley Link is trying to correct in their computer equipment.  Would also instruct Valley Link that if they perceive they have good cause for additional stay, we will have to have that within 10 days of the last decision meeting in June to have time to discuss it.
Commissioner Smith said her thoughts were a little different.  Valley Link was an intervenor in our Upper Valley case and were well aware of the fact that it needed to change services.  They placed the order last fall.  Said she was uncomfortable having the disconnect take place without an opportunity for oral argument or hearing, there are not a lot of facts in dispute but there is some disagreement with the companies.  Is a little uncomfortable having them immediately disconnected.  But would not give them 30 days.  Thought she read they would have their problems fixed in 7 to 10 days.  There is no time within the next 16 days that the Commission would be available for hearing.  Therefore, she would grant the stay until June 19 and tell Valley Link it needs to get its hardware compatible with the services that it needs to purchase by that date and switch to switched access.  Thought U S West had a good point about using that time to sell the new service.
Commissioner Hansen said his concern is that there are a few controversial issues that staff needs to look at.  Feel Valley Link is making an effort and they do so desire to try to resolve these problems.  Based on that, think we should postpone the termination and grant a stay.  Said the only reason he felt more comfortable with a 30-day stay is that it may give a little more time to really look at some of the controversial matters of this particular case.  That is where he is coming from.
Commissioner Nelson asked Commissioner Smith if it would take care of her concerns if we would ask Valley Link to do something by June 19?
Give them a 30 day stay gives us time to have a hearing and make a decision.
Commissioner Hansen said he would like to have some time to look at this.
Commissioner Smith said it looked like there were two votes for a 30 day stay.  Do think Commission should keep pressure on them.
Commissioner Nelson said Commissioner Smith's concerns are valid.  Tell Valley Link we need to hear form them in a timely manner by June 19.  Still gives us some time to weigh the issues ourselves.
Don Howell said if the Commission were to grant requested stay period, Valley Link would probably withdraw the complaint.  That was his understanding.
Commissioner Hansen said in their filing they say they can get it done in 30 days.
Don Howell suggested the Commission could order Valley Link to complete the switch over in the 30 days.  Or you can require a status report on the 19th.
Commissioner Nelson said he thought the Commission was already doing that by telling them to let us know well in advance if they are having problems.  If they are able to solve their problems earlier, they should complete the transfer.  They shouldn't be providing bridging once they are offering the other services.
Meeting was adjourned until 1:30 when the rest of the agenda will be discussed.
Dated at Boise, Idaho, this 1st day of June, 1995.
Myrna J. Walters
Commission Secretary
mw
060195.min