20060515_1552.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:DANIEL KLEIN
DATE:MAY 12, 2006
RE:FORMAL COMPLAINT OF CALDWELL CHIROPRACTIC CENTER
On May 5 , 2006, the Commission received a fonnal complaint (attached) from Caldwell
Chiropractic Center filed by John C. Downey, D.C. against Qwest Corporation. Dr. Downey
objects to Qwest billing his business for a line that he was supposedly unaware of ordering in
May 2001. Dr. Downey is unsatisfied with the outcome of the infonnal procedures to resolve his
complaint so has filed this fonnal complaint.
BACKGROUND
On May 7 2001, Dr. Downey contacted Qwest to obtain Internet service that would not
tie up his two existing telephone lines. Apparently Qwest provided him with a third business
line. Dr. Downey ended up using his fax line for accessing the Internet, which did temporarily
tie up that line when the Internet was being accessed. This suited his business needs at the time.
He states he was unaware of the third line.
In October 2005 , Dr. Downey contacted Qwest to upgrade the business service to DSL to
free up both of his lines. The representative that was helping him asked if Dr. Downey wanted
Qwest to be the long distance carrier on the business' third line, 208 454-7296. Dr. Downey says
this is the first he knew about the third number. After hearing about the third line, he
investigated his bills and discovered he had been billed for a third line since May 2001. Dr.
Downey contacted Qwest about the third number and asked that the line be disconnected. He
also asked that the charges for this line be credited back to the time it was first billed, because he
was not using the line and did not even know of its existence. The rep that disconnected the line
DECISION MEMORANDUM MAY 12 2006
agreed to issue one year worth of credit, and Caldwell Chiropractic received a credit of $598.
on its December 2005 bill.
Dr. Downey was not satisfied with one year worth of credit and contacted Commission
Staff on December 17, 2005. Commission Staff contacted Qwest and was provided with the
following infonnation. Qwest indicated that an order was placed on May 7, 2001 for the third
line and the order was completed on May 10, 2001. Qwest indicated that notes on Dr. Downey
account stated that the Company contact "Lisa" at 208459-4354, Dr. Downey s receptionist at
his primary business number, when the line was connected at the network interface. Qwest also
indicated that it sent a confinnation letter to the customer, confinning the order placed for the
additional line. A copy of the actual confinnation letter was not provided because it may no
longer exist. The Company also indicated that the Customer had been receiving monthly
statements. The Company maintains that the third line was provisioned and ready for use.
STAFF ANALYSIS
Commission Staff has been in contact with both Caldwell Chiropractic and Qwest.
Qwest has supplied copies of the Customer s bills. The Company did disconnect the third line
and issue one year of credit after the customer disputed the legitimacy of the third line. Staff
recommends that the Commission issue a summons to Qwest and direct the Company to file a
response to the complaint?
COMMISSION DECISION
Does the Commission wish to accept Caldwell Chiropractic s fonnal complaint? Does
the Commission wish to issue a Summons or proceed under Modified Procedure?
udmemos/Caldwel1 Chiro dec memo
DECISION MEMORANDUM MAY 12, 2006
'"
l"f:l:.
IJwell!(j"iropracfic Center
JOHN C. DOWNEY, D.
104 EAST PINE
CALDWELL, IDAHO 83605
TELEPHONE: [phone]
5/2/06
, .,,
Idaho Public Utilities Commission
Attn: Commission Secretary Jean JewellPO Box 83720
Boise 10 83720-0074
, ,'. -' "": ", '., ,' j ':..
: ; C
~ '' ,' : ': ,; '
:, c
' : "" ,
RE: FORMAL COMPLAINT
Dear Ms. Jewell
HISTORY:
m a 15+ years business customer of phone service (Owest Telecommunications) at
104 E Pine St., Caldwell. I have 2 phone numbers: 459-4354 , main number; 459-
9438 second fax/phone line. In May 2001 I contacted Qwest to establish an intemet
phone connection that would allow my phone lines to be functional while receiving
internet service. The internet connection was made through the 459-9438 fax/phone
line 'Nhich disabled the fax/phone for the short times when the internet was in use.
The main line, 459-4354 was always functional and this satisfied my business needs.
This Wp.S true until we upgraded our internet service in 10/05 to DSL which freed both
lines.
, ', ,;
I spoke with aOwest customer assistant in Qctober '05 during the DSL installation
process. The Owest customer assistant asked ifOwest could be the long distance
carrier for a phone number I had no knowledge of: 454-7296. I declined the offer.
After talking with Owest I discovered that athird phone line (454-7296) had been
installed in May '01 though it was not functional as a phone or an internet connection.
When calling the dysfunctional number (454-7296) before it was "disconnected", it
would ring as a working number without answer. There was no reaction by our phone
system or any discoverable phone/wall jack that would make the number functional.
Since I had paid for a "service" I did not receive I asked Owest for credit going back to
May '01. Owest said that only one year credit was possible, at approximately $38.
per month and gav~. me a $598.17 credit in December, 2005.
PETITION:
I would like to receive credit from Owest for the entire time I paid for a dysfunctional
phone connection'from May, 2001-0ctober, 2005 less the credit already received. I
have reviewed the phone bills from 2001 to present. The charges for the phone lines
459-4354, 459-9438 and 454-7296 are billed as one "monthly service" charge except
on the February statement (until June '04); then the charges are itemized as 2 addl.
line-pri bus flat = $65.02 and 1 private business line = $32.51. The phone .numbers
are never published. If we had received a charge for a 454-7296 number we should
have been instantly alerted to it's existence and the error.
Had there been a functional 454-7296 phone , phone wall jack, phone number, or
knowledge of these we would have known and therefore canceled the service.
Indeed , the only way to have known about the unknown 454-7296 iine was by the bill
which never published the number. In other words Owest failed to give us a functional
phone connection (we would have canceled) and billed us for it. If it is possible to
check line usage then it can be shown that the 454-7296 number was truly
unused/dysfunctional beyond this testimony. I have copies of all the monthly
statements if this would be helpful. Thank you for your time.
Siilcei~JY,/)(//7 / /j;Y ,t/~7 .??Z-----
John C. Downey, D.