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IT&E sues utilities commission
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Posted on Nov 20 2011
The owner of IT&E is suing the Commonwealth Public Utilities Commission for approving the application of Guam-based telecommunications company GTA Services to set up shop in the CNMI.
Micronesian Telecommunications Corp., owner of IT&E, filed the lawsuit against the commission on Friday in the Superior Court.
IT&E, through general counsel Steven Carrara and counsel Victorino DLG. Torres, asked the court to allow IT&E to intervene in the commission’s proceedings.
Carrara and Torres said that IT&E should be allowed to participate in the proceedings concerning GTA’s application for certificate of public convenience and necessity.
The two lawyers asked the court to rule that all documents, pleadings and correspondence in the proceedings be provided to their client.
Carrara and Torres also the court to stay the commission’s Oct. 17, 2011, order that granted GTA its certificate of public convenience and necessity.
“IT&E should be allowed to engage in discovery, present cogent arguments, and participate in all proceedings as a party,” the lawyers said.
In its appeal to the Superior Court, Carrara and Torres presented three issues:
– Did the commission erroneously deny IT&E’s motion to intervene in GTA’s application when IT&E has a financial interest in the matter and where GTA (in the same proceeding) was encouraging the commission to take certain position regarding IT&E’s financial status, rural exemption protection and obligations to its customers?
– Did the commission erroneously fail to provide, adequately, documents relating to and concerning GTA’s application despite IT&E’s repeated request for documents and to clear impact of this docket on IT&E’s interests?
-Did the commission erroneously fail to disclose and provide IT&E an opportunity to respond to GTA’s confidential response where it attacked IT&E’s financial status, rural exemption protection, and obligations to its customers?
