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Silverton backs off complaint against Qwest

But city officials vow to continue fiber-optic fight


Herald Denver Bureau
Article Last Updated; Tuesday, June 30, 2009  7:44AM
DENVER - Silverton officials have backed off their complaint to state regulators about the lack of a fiber-optic connection from Qwest Communications Inc. But they vow they will be back.

Silverton and San Juan County brought their complaint to the Public Utilities Commission in May, alleging that Qwest never fulfilled its contract with the state government to connect every county seat to a high-speed network. Qwest officials say their company's digital radio link works just as well as a land-based cable.

Qwest had asked the commission to dismiss the complaint, arguing the three-member commission has no jurisdiction over the matter. But Friday, lawyers for Silverton asked to withdraw their own complaint, for now.

"I guarantee we're far from done, and they definitely picked the wrong little community to try to turn a buck," said Silverton Trustee Pat Swonger.

Silverton officials weren't aware of all the commission procedures when they filed their complaint, which was in the form of a letter. They have few resources and want to make sure that if they do file a complaint, it has the best chance of succeeding, Swonger said.

Silverton residents are "selling cookies and having bake sales and just scraping up nickels and dimes to fight one of the largest corporations in Colorado," he said.

Qwest officials, though, maintain they have treated Silverton fairly, and the digital radio system that serves the town is more than adequate.

"It is speedy," said Qwest spokeswoman Johnna Hoff. "There is capacity now, and if businesses choose to move into the area, we absolutely can accommodate them."

Swonger, though, said the issue always has been the type of infrastructure, not the bandwidth of the radio relay. Silverton officials see fiber optics as the industry standard for fast communications. As more commerce moves online in the coming years, Swonger worries Silverton's lack of fiber-optic technology will put it at a disadvantage to other Colorado towns.

Qwest signed a contract with the state government in 2000 to hook up all county seats to a high-speed network. The digital radio system fulfilled the contract, Hoff said. Qwest ran into problems when it tried to extend fiber optics along the highway from Cascade Village to Silverton, including landowners who didn't want to provide access and a short season for construction that would have delayed service, she said.

Silverton's move to withdraw the PUC complaint means, pending approval from the administrative law judge overseeing the case, the case will be closed until a new complaint is filed. The standard procedure for complaints filed with the commission is for the case to be assigned to an administrative law judge.

Silverton residents will have a rally for fiber-optic access during the July 4 festivities, Swonger said.

jhanel@durangoherald.com'>jhanel@durangoherald.com

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