19980506_1.docx

MINUTES OF DECISION MEETING
May 6, 1998 - 1:30 p.m.
In attendance were Commissioners Dennis Hansen, Ralph Nelson and Marsha H. Smith. Also in attendance were staff members Cheri Copsey, Don Howell, Tonya Clark, Bill Eastlake, Bev Barker, Joe Cusick, Wayne Hart  and Myrna Walters; and Mary Hobson of U S West and Ron Williams, Attorney at Law.
Items from the May 6, 1998 Published Agenda were considered and acted upon as recorded herein.
Commission President Dennis Hansen called the meeting to order.
1. Minutes of April 21, 1998 Decision Meeting (Minutes have previously been reviewed by Commissioners).
Commissioner Hansen made a motion to approve the minutes; motion carried unanimously.
CONSENT AGENDA
Items 2 and 3 - listed on the agenda.
Commissioner Smith made a motion to approve the two items on the Consent Agenda; motion carried unanimously.
MATTERS IN PROGRESS
4. Cheri c. Copsey’s May 1, 1998 Decision Memorandum re: Application of Crystal Communications, Inc. for a Certificate of Public Convenience and Necessity, Case No. GNR-T-98-20.
Cheri reviewed the decision memo. Staff has recommended that the certificate be issued to Crystal Communications provided that the parent company, Hickory Tech agrees to be financially responsible for Crystal and to submit to the Commission’s jurisdiction and agrees to abide by Commission rules. Reason for this requirement is that Crystal is a wholly-owned subsidiary and has no financial or business records of their own  at this time. Decisions to be made by the Commissioners are whether to grant the certificate and if so whether to condition it.
Commissioner Nelson asked if staff had contacted Hickory Tech?
Cheri responded that they have looked at it but they have not indicated they are underwriting Crystal. Staff is still concerned that they are operating here and that someone else is responsible.
Commissioner Nelson commented that if the Commission approves this application subject to Hickory Tech being financially responsible until such time as Crystal has some financial responsibility, that would be in order.   Made that a motion. Leave it open-ended as to when they would made a filing. Motion carried unanimously.
5. Carolee Hall’s May 1, 1998 Decision Memorandum re: GTE Northwest Incorporated Advice 98-10 Requesting Approval to Provide Two New EAS Routes for the Tensed/Bluebell and Evergreen Exchanges. Plan to become effective August 24, 1998.
Bill Eastlake reviewed the matter, in Carolee absence. Indicated that on page 3 of the decision memo there was a set of proposed EAS adders to include the three exchanges. There is a very small add-on associated with the other end of the free-calling area. Staff recommendation is that this proposed plan be put out on modified procedure for 21 days and that as part of its public notice, GTE publish the proposed EAS routes and rate increase in the locally-read newspaper for the proposed EAS area. Also recommended a bill stuffer with that information in it.
Commissioner Smith said she had questions. Asked if she was correct that on Page 3, is it “mandatory” calling plans, because it  looks like if I live in Evergreen I can “choose” between basic community or community plus?
Bill responded perhaps mandatory was not the word to use. There is a choice.
Commissioner Smith asked -  assuming she was a customer in Plummer and was currently subscribing to community plus plan, I have a range of options that aren’t shown here?  This means that the community plus plan will increase by $l.94 because it will automatically include Tensed/Bluebell and Evergreen? But I can still choose not to be in community plus and choose community or basic? Same for Potlatch and St. Maries?
Bill responded that was correct.
Commissioner Smith asked if we have heard from the Plummer-Worley customers?
Bill said we have not.
Commissioner Smith noted for the record that in the future it would be most helpful to her if on matters like this she would be given  a map and diagram of the areas affected.
Commissioner Nelson then made a motion to approved staff recommendation to put the matter out on modified procedure to get input from the affected customers.
Motion carried unanimously.
6. Wayne Hart’s May 1, 1998 Decision Memorandum re: Complaint of Rocky Mtn. Communications, Inc. vs. U S West Communications, Inc., USW-T-98-4.
Wayne reviewed the memo. Said it was not clear what the amount of overbilling was, but it appeared to be significant. The complaint includes billing analysis. Staff is recommending that this be referred to staff as an informal complaint. It is a billing issue and staff would like the opportunity to try and get it resolved informally before it comes before the Commission.
Commission Hansen asked what the time period was that  staff was looking at to resolve this informally?
Wayne said if staff and companies are not getting anywhere the matter could go formal, perhaps in a month.
Commissioner Nelson asked if Wayne was saying staff wants to handle this informally because they think it can be handled faster?
Wayne said he thought the formal procedure, asking for records, etc. would take longer. Thought this lends itself better on a billing complaint to an informal procedure rather than formal.
Commissioner Nelson asked Ron Williams, counsel for Rocky Mtn. about handling it informally?
Mr. Williams responded they wanted it handled it formally, that’s why they made the filing  in accordance with Commission Rule 54. Didn’t have a problem with informal process to see if it can be resolved, but it is his client’s position that they have been discussing it with the company for over a year. Company has said we can’t fix that part of the billing system. They may even agree on some instances,  but say we can’t fix the billing process. Rocky Mtn. will sit down with  U S West  and they will agree,  but that never gets transmitted back to the proper folks. There needs to be a Commission order that requires that this billing be corrected. That is why it was filed formally. Think discovery for the most part has been conducted. What Rocky Mtn. would like to see is the schedule - with answer to the complaint being filed and prehearing set up and informal process could step in while those things are going on at the same time.
Commissioner Nelson said it seemed to him that if this has been going on for so long, appreciates that Mr. Williams wouldn’t want a further delay. Suggested giving a couple of weeks and see what can be done. Can tee it up formally if it can’t be resolved in a couple of weeks.
Commissioner Smith suggested another option. Said if U S West was willing to continue on informally during the 21 days in which they have to answer the formal complaint, summons and complaint could be issued and the informal process be exercised also. If it gets resolved informally, formal answer wouldn’t be necessary. Asked if Ms. Hobson of U S West cared to respond.
Ms. Hobson said U S West is anxious to get this resolved,  from their standpoint and the informal process is ideal for that. They have been waiting for months without seeing any particulars until a formal filing was made. Would like to solve it informally it possible. Know at one point the Commission asked Don Howell to call a meeting. Don’t know why it didn’t occur. Have never had the chance to sit down and talk to Rocky Mtn. about this.   U S West is ready to do that anytime.
Commissioner Smith asked if the issuance of a summons would aid that?
Mary said U S West’s preference is to follow staff recommendation and see if this can’t be worked out. Failing that,  company could continue to negotiate even if formal case was opened.
Commissioner Hansen said he would like to go with staff recommendation; liked the proposal to go 2 weeks and then evaluate to see where we are. Made that a motion. Go with staff recommendation and review it in two weeks at that decision meeting.
Motion carried unanimously.
Meeting was then adjourned.
Dated at Boise, Idaho, this 13th day of May, 1998.
Myrna J. Walters
Commission Secretary