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HomeMy WebLinkAbout20030210_387.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER CO MMISSI 0 NER SMITH CO MMISSI 0 NER HANSEN COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM:WELDON STUTZMAN DATE:FEBRUARY 5, 2003 SUBJECT:CASE NO. GNR-01- STIPULATION FOR DISMISSAL OF CASE TO DETERMINE POLE ATTACHMENT RATE FOR CABLE ONE AND IDAHO POWER This case was initiated when Cable One, Inc. filed a Petition on October 30, 2001 requesting the Commission establish a pole attachment rate for Cable One and Idaho Power Company. The Petition was filed pursuant to Idaho Code 9 61-538, which authorizes the Commission to establish rates for providing space on a utility company s poles "whenever a public utility and cable television company are unable to agree upon the rates." The Companies participated in a workshop sponsored by the Commission, and thereafter were able to resolve the pole attachment rate by agreement. Accordingly, on February 3, 2003 , Cable One and Idaho Power filed a Stipulation for dismissal, also signed by Staff, stating that the Petition could be withdrawn and the case dismissed by the Commission. Because the Commission authority in Section 61-538 is to resolve a pole attachment rate dispute, and there now being no disagreement between Cable One and Idaho Power, it is appropriate for the Commission to allow the withdrawal of the Petition and dismiss the case. Staff recommends the Commission issue an Order authorizing the withdrawal of the Petition and closing the case. COMMISSION DECISION Should the Commission issue an Order authorizing the withdrawal of the Petition and closing the case? 1)- Weldon Stutzman bls/M:GNREOIO2 ws3