20021202_338.pdf

TO:
FROM:
DATE:
RE:
DECISION MEMORANDUM
COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
RON LAW
LOU ANN WESTERFIELD
RANDY LOBB
DON HOWELL
MICHAEL FUSS
TONY A CLARK
BEV BARKER
GENE FADNESS
WORKING FILE
WELDON STUTZMAN
NOVEMBER 27,2002
CASE NO. GNR-01-
PARTIES' STIPULATION FOR CASE PROCEDURE
This Case No. GNR-01-2 was initiated by Cable One, Inc. when it filed a petition
for the Commission to establish pole attachment rates for Cable One and Idaho Power Company
pursuant to Idaho Code 9 61-538. The parties subsequently filed a stipulation asking the
Commission to stay the proceedings in this case and open a broader proceeding to consider
appropriate pole attachment rate formulas to resolve future disputes between cable television
companies and public utilities. Numerous other parties participated in a workshop in the new
case, Case No. GNR-02-, and provided written comments to propose pole attachment rate
formulas, but the parties were unable to reach a consensus on an appropriate formula to present
to the Commission.
On November 25 , 2002, Cable One, Idaho Power and the Idaho Cable
Telecommunications Association (ICTA), an intervenor in this case, filed a new stipulation
asking the Commission to now proceed in Case No. GNR-01-2 to resolve the pole attachment
rate for Cable One and Idaho Power. The stipulation states that the parties "now believe the
most efficient way to proceed is for the Commission to resolve their dispute in this case " and the
parties "are optimistic that the issue can be presented to the Commission without an evidentiary
DECISION MEMORANDUM
hearing." The parties state in their stipulation that they will attempt to agree on a statement of
material facts and submit written briefs to present the pole attachment dispute to the
Commission. The Commission can then schedule an oral argument if it or the parties desire, or
may determine the matter is fully submitted and issue its decision on the merits. The parties in
Case No. GNR-02-2 have been notified that the parties in this case would ask the Commission
to resolve only the Cable One/Idaho Power rate, and either agreed it was the better way to
proceed or raised no objection.
Staff recommends the Commission approve the procedural stipulation filed by the
parties and establish a schedule for Idaho Power, Cable One, the ICTA and Staff to submit
written briefs regarding an appropriate pole attachment formula.
COMMISSION DECISION
Should the Commission approve the stipulation filed by the parties and provide a
procedural schedule to resolve the pole attachment dispute between Cable One and Idaho Power
Company?
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Weldon B. Stutzman
bls/M:GNREOIO2 ws2
DECISION MEMORANDUM