--

, - -- , -

!:T1

DeanJ. Miller
McDEVIIT & MILLER LLP
420 West Bannock Street 28 F : 3: 20
O. Box 2564- 83701
Boise , ill 83702 \~-;S\U;;
Tel: 208. 343. 7500 jT\ij(\E~~- CD;

Fax: 208. 336. 6912

i oe(Q),mcdevitt - miller . com

Communications, ILC
Attorneys for Level
ORIGINAL
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF LEVEL 3 Case No. QWE- O5-

COMMUNICATIONS , LLC' S PETITION
FOR ARBITRATION PURSUANT TO MOTION TO VACATE HEARING
SECTION 252(B) OF THE
COMMUNICATIONS ACT OF 1934 , AS
AMENDED BY THE
TELECOMMUNICATIONS ACT OF 1996
AND THE APPLICABLE STATE LAWS FOR
RATE , TERMS , AND CONDITIONS OF
INTERCONNECTION WITH QWEST
CORPORATION

COMES NOW the Applicant , Level 3 Communications (Level 3) and moves the

Commission for an order vacating the evidentiary hearing currently scheduled for March 14--

, 2006 , and in support thereof, respectfully shows as follows , to wit:

Because of a conflict in schedules , one of Level 3' s expert witnesses is unavailable to

appear at the hearing at the time currently scheduled.

Counsel for Level 3 has conferred with counsel for Qwest and is informed that Qwest

does not object to vacating the currently scheduled hearing dates.

Counsel for Level 3 will promptly confer with counsel for Qwest to develop new

hearing dates that are convenient to the parties , the Arbitrator and the Commission.

MOTION TO VACATE HEARING - 1

 , as a result of vacating the hearing, the Commission incurs additional out of pocket

expense , such as re-arranging travel for the Arbitrator, Level 3 is willing to reimburse

the additional out of pocket expense.

DATED this 1.1 day of February, 2006.

Respectfully submitted
McDEVITT & MILLER LLP

Dean J. Miller

Counsel for Level Communications, LLC

MOTION TO VACATE HEARING - 2

 CERTIFICATE OF SERVICE

I hereby certify that on the i.~ ay of February, 2006 , I caused to be served , via the
methode s) indicated below , true and correct copies of the foregoing document , upon:

Jean Jewell ,Secretary Hand Delivered

Idaho Public Utilities Commission S. Mail
472 West Washington Street Fax
O. Box 83720 Fed. Express
Boise , ID 83720- 0074 Email
i i ewell~puc. state.id. us

Mary S. Hobson Hand Delivered

STOEL RIVES LLP S. Mail
101 S Capitol Boulevard - Suite 1900 Fax
Boise , ID 83702- 5958 Fed. Express
Telephone: (208) 389- 9000 Email
Facsimile: (208) 389- 9040
mshobson~stoel. com

Thomas M. Dethlefs Hand Delivered

Senior Attorney S. Mail

Qwest Services Corporation Fax

1801 California Street - 10th Floor Fed. Express
Denver, CO 80202 Email
Telephone: (303) 383- 6646
Facsimile: (303) 298- 8197
Thomas. Dethl efs ~q west. com

MOTION TO VACATE HEARING - 3