20020621Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONERKJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
RON LAW
RANDY LOBB
DON HOWELL
TONYA CLARK
LYNN ANDERSON
DAVE SCHUNKE
JOE CUSICK
BIRDELLE BROWN
CAROLEE HALL
DOUG COOLEY
BEVERLY BARKER
GENE FADNESS
WORKING FILE
FROM:WAYNE HART
DATE:JUNE 21,2002
RE:FORMAL COMPLAINT OF BOISE COUNTY BOARD OF
COMMISSIONERS AGAINST CITZENS COMMUNICATIONS(FRONTIER)
On June 17th,2002,the Commission received a formal complaint against Citizens
Communications (Frontier)from the Boise County Board of Commissioners regarding a billing
dispute for 911 services provided by Frontier to the County.The complaint includes letters sent
by the County to Frontier,identifyingthe issues involved,and the County'srequest for
reimbursement of $44,997.22 it claims had been billed in error and that it has already paid to
Frontier.According to the letter,Frontier refunded $18,968.49,but refused to refund the full
amount claimed by the County.The County requests the full amount it believes it has overpaid.
The complaint also includes an identification of the previous efforts of the County to
resolve this issue,beginning with calls to Frontier in 1996,and again in 1997,1998,1999,and
extensively from November 2001 until this complaint was filed.
DECISION MEMORANDUM l JUNE 21,2002
BACKGROUND
Boise County officials initiallycontacted Staff about general 911 billing issues in
February 2002,seeking information as to tariffed prices and advice as to the technical
requirements for 911 service.Staff met with County officials in late February to informally
review the billings from both Frontier and Qwest in an attempt to help them understand the
services for which they were being billed.A county staff person had been workingnearly full
time since August 2001 trying to resolve ongoing billingissues with both companies.The
County indicated it had resolved the concerns it had with Qwest's billing,but had remaining
concerns with Frontier.
County staff also expressed considerable frustration in getting responses from Frontier.
County staff had made numerous inquiries and requests for information of Frontier,and
indicated Frontier had either failed to respond,responded late,or responded incompletely,to
nearly every request.County staff had an extensive log detailing ten separate conversations with
Frontier representatives since January 2002.
Theyindicated Frontier representatives had recently admitted the current billings were
erroneous,but had not yet responded with a corrected billing.Frontier officials had been
requested to discuss the matter at the March 18 regular meeting of the Board of Commissioners.
Staff recommended the County provide Frontier the opportunityto resolve the issue
without further Commission Staff intervention.County staff agreed,but requested that
Commission Staff attend the March 18 meeting and continue to monitor the situation.
After the Countyreceived the partial payment from Frontier,Staff advised the County
that the partial payment appeared to be within compliance of the Commission's rules,that the
remaining issues were outside the scope of an informal complaint,and recommended that the
County file a formal complaint if it wanted to pursue the issue further.
STAFF ANALYSIS
The dispute involves billingfor dedicated lines installed by Frontier to provide 911
service between the County's public safety answering point (PSAP)located in Idaho City,and
the Frontier central offices in Horseshoe Bend,Garden Valley and Sweet.
There are basically two separate issues directly involved in the dispute.
1.Frontier over billed Boise County for services to both Horseshoe Bend and Garden
Valley,since the start of these services in July 1997 through to January 2002.In both cases,the
DECISION MEMORANDUM 2 JUNE 21,2002
County was billed for 4 lines,when only two were provided.The County'scalculation of the
amount of over billing is $28,151.01.Frontier representatives acknowledged the over billingin
the meeting with Commissioners on March 18'and at that time offered the County a refund for
the most recent 2 years of the over billing.
After the meeting,Staff referred Frontier representatives to the Commission's Telephone
Customer Relations Rule 204,which requires refunds in accordance with Section 61-642,Idaho
Code (3 years).Staff believes,but has not verified,that the amount of the refund Frontier
provided to the Countycorresponds to this 3-year period.
The County maintains that it initiallyquestioned the billings in 1996,and again in 1997,
1998 and 1999,and therefore the entire amount over billed should be refunded.
2.Frontier established a connection between the Sweet central office,which serves a
small portion of Boise County,and the Idaho City PSAP.The County has paid a total of
$16,846.21 for the installation and recurring charges for this service between April 1988 and
January 2002.The Countynow claims this service was never ordered,and requests that all
monies paid be reimbursed.In discussions with Staff after the March 18 meeting,Frontier
claimed it would not have installed the service without such a request,but also admitted it could
not find any evidence of an order requesting the service.
This issue is further complicated in that for at least part of the period for which the
County paid for the service,the service in question appears to have actuallybeen provided to
Gem County,and not Boise County.The majority of the customers in the Sweet exchange live
in Gem County.When Gem County implemented e-911,all 911 calls in the Sweet exchange,
includingthose from customers livingin Boise County,were routed to Gem County.
While not directlyraised as an issue by the County,Boise County claims it made
numerous attempts to resolve this dispute over the years and Frontier representatives repeatedly
either provided false information or failed to respond.
COMMISSION DECISION
Does the Commission wish to consider this complaint?
Wayne Hart
WH:udmemos/boise county formal complaint
DECISION MEMORANDUM 3 JUNE 21,2002