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HomeMy WebLinkAbout20083217.tiff Decision No. C08-1236 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO DOCKET NO. 03A-496T IN THE MATTER OF THE JOINT APPLICATION TO EXPAND THE LOCAL CALLING AREA IN NORTHERN COLORADO. DECISION GRANTING JOINT MOTION AND WAIVING RESPONSE TIME Mailed Date: November 25, 2008 Adopted Date: November 25, 2008 I. BY THE COMMISSION A. Statement, Findings, and Conclusions 1. This matter comes before the Commission to consider an Unopposed Joint Motion to Reopen Docket, to Modify Stipulation to Approve Inclusion of Nunn Telephone Company (Nunn) in Calling Area Expansion as Set Forth in Prior Settlement Agreements of the Parties, and Associated Request for Waiver of Response Time (Motion). The Motion was filed by Nunn, Staff of the Public Utilities Commission (Staff), the Office of Consumer Counsel (OCC), Qwest Corporation (Qwest), and the City of Loveland, Colorado (Loveland) (collectively, the Joint Movants) on November 19, 2008. 2. The Joint Movants state that the original stipulation filed and adopted in this case by Decision No. R04-1070-I sets forth an expanded local calling area to include Qwest's exchanges in Larimer and Weld Counties. Nunn, however, chose not to be included in the calling area expansion, but rather offered its customers an optional local calling area plan for $11.25 a month in addition to the regular monthly local service rates. Nunn's customers not PI0O1nvutilciL Mcot(S 2008-3217 0 -O2C _ c'e Before the Public Utilities Commission of the State of Colorado Decision No. C08-1236 DOCKP1' NO. 03A-496T electing this flat rated plan, but calling into the expanded local calling area would be billed at $.11 per minute. 3. In the Motion, Nunn requests to be included in the northern Colorado local calling area. Nunn states that it has recently determined that it is in the interest of Nunn and its rate payers to permit full participation in the expanded local calling area without additional charges. Nunn states that upon approval of the Commission, it will withdraw its tariff sheets that contain the two charge options and replace them with unlimited local calling into the expanded local calling area included in Nunn's basic local exchange service offering. Nunn states that it win not seek recovery of any purported revenue deficiency resulting from this change either in this docket or under the Commission's existing rules. 4. The Joint Movants request that the Motion be ruled on in a timely manner as Nunn has notified its customers that this change will be implemented on December 1, 2008. Nunn intends to file a compliance tariff to implement the changes with an effective date of December 1, 2008. 5. We find good cause to grant the Motion and waive response time. However, since four years have passed since the stipulation was adopted, we disagree that the original stipulation should be modified to include Nunn in its terms. Rather, we amend the stipulation on a going- forward basis and allow Nunn to be included in the expanded local calling area once it has effective tariff pages on file that implement the expansion and remove the optional rate plans. H. ORDER A. The Commission Orders That: I. Response time to the Unopposed Joint Motion to Reopen Docket, to Modify Stipulation to Approve Inclusion of Nunn Telephone Company in Calling Area Expansion as Set 2 Before the Public Utilities Commission of the State of Colorado Decision No. C08-1236 DOCKET NO. 03A-496T Forth in Prior Settlement Agreements of the Parties, and Associated Request for Waiver of Response Time is waived. 2. The Motion filed by Nunn Telephone Company Staff of the Public Utilities Commission, the Office of Consumer Counsel, Qwest Corporation, and the City of Loveland, Colorado is granted consistent with the above discussion. 3. Nunn Telephone Company shall file an Advice Letter and tariff pages on not less than three days' notice to implement the expanded local calling area for its customers. 4. This Order is effective on its Mailed Date. B. ADOPTED IN COMMISSIONERS' WEEKLY MEETING November 25, 2008. (S E A L) THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO 4,t of CotoIgE � -: 11-,r �� x• RONALD J. BINZ :r br J've ov- �7utrt 5G JAMES K. TARPEY Al FEST: A TRUE COPY Commissioners err/Saar, COMMISSIONER MATT BAKER ABSENT. Doug Dean, Director 6:ACommission draft orders\03A-496TBQ112508A.doc:msc 3 Hello