KEMPTHRNv1.docx

March 30, 1998
The Honorable Dirk Kempthorne
United States Senate, Boise Office
304 N. 8th Street, Room 338
Boise, ID 83702
RE:Constituent Inquiry Regarding RMC Internet Services
Dear Senator Kempthorne:
On March 18, 1998, I received a second constituent inquiry from your Boise office regarding Rocky Mountain Communications’ (RMC) complaints against U S WEST Communications.  Your letter asked that I prepare a “full report” about this matter.  This letter responds to your present inquiry.
Background

Earlier this month I responded to the “first” constituent inquiry from your office regarding Rocky Mountain’s or RMC’s complaint against U S WEST.  My understanding of RMC’s complaint at that time was that U S WEST had failed to install requested communication facilities for Rocky Mountain’s Internet services here in Boise and was based in large part on a letter the Commission received from RMC’s President, Shane Jimenez, dated February 26, 1998.  A copy of Mr. Jimenez’s letter was forwarded to your office.  It was this letter that you forwarded to me.
In Mr. Jimenez’s letter (attached), he related instances where U S WEST has not installed communication facilities in a timely manner in both Boise and Twin Falls, thereby creating customer service problems for RMC.  As Mr. Jimenez stated in his letter, Rocky Mountain was “receiving hundreds of complaints regarding busy-signal problems and access problems, and there is nothing we can do about it, except watch those customers cancel their Internet subscriptions from us.”  
After my staff conducted an informal inquiry, I replied in a letter dated March 6, 1998.  My letter to your Boise office stated that RMC
will “file a formal complaint [with the Commission] on this matter as soon as possible.”  As of this date, the complaint has not been filed with the PUC.  Mr. Jimenez has forwarded his complaint letter to several state officials and has urged its customers to contact these officials to apply “more pressure [so] the problem will go away.”
Although a formal complaint has yet to be filed, our preliminary information is that U S WEST has installed some of the requested facilities.  U S WEST has indicated that it intends to install additional facilities to meet RMC’s request no later than March 10, 1998.  RMC’s attorney has informally indicated that the problem has been resolved.
Second Inquiry
I received your second inquiry in this matter on March 18, 1998.  Attached to your inquiry was a letter I received on March 16, 1998 from RMC’s attorney, Ron L. Williams.  Mr. Williams was responding to my letter of March 6, 1998 to your office.  Contrary to my understanding that RMC’s problems were resolved, he stated that the problems with U S WEST had not been resolved.  His March 13, 1998 letter (attached), also indicated that RMC had experienced problems obtaining facilities from U S WEST in Idaho Falls in a timely manner.  He said that the late installation of facilities by U S WEST “is a consistent problem for RMC.”  He also maintained that U S WEST has been “over billing RMC for line installation charges at most Idaho locations and has sent them disconnection notices for their failure to pay the disputed amounts.  RMC is currently sorting this information out and intends to present it to the Commission for resolution.  I am also working with U S WEST to see if the billing issue can be resolved prior to full Commission involvement.”
Current Status
I have asked the Commission’s General Counsel, Donald Howell, to examine the current status of this matter.  It is his understanding that the initial problem of obtaining the lines in Boise has been resolved but may arise again when RMC needs more lines.  As set out in Mr. Williams’ letter, RMC has raised two additional complaints regarding U S WEST’s service (facilities for Idaho Falls and the billing problems).  Mr. Howell reports that U S WEST claims that it did not have enough facilities to supply RMC’s request for lines in Idaho Falls.  U S WEST indicated that it needs to construct and install new facilities to meet RMC’s request.  Based upon representations from the Company, Mr. Howell indicates that U S WEST projects installing the necessary lines in Idaho Falls by April 29, 1998.
Turning now to the billing issue, it is Mr. Howell’s understanding that RMC is collecting data from its bills to present to U S WEST.  U S WEST has not been provided any of the information concerning the billing problems.  He believes that the parties are attempting to resolve the billing issue without involving the Commission as suggested in Mr. Williams’ letter.
U S WEST also represented to Mr. Howell that the “account manager” assigned to RMC will be available in Boise on March 30-31.  Pending final travel arrangements, U S WEST proposes to schedule a meeting with RMC officials and the account manager to discuss the forecasting of new facilities for RMC and to discuss the billing problems.  The Commission encourages the parties to meet and to attempt resolving their respective concerns.
In a further attempt to informally resolve this matter, I have asked Mr. Howell to meet with representatives of RMC and U S WEST.  Under separate cover, he will invite the parties to meet with him during the first week of April.  Given the uncertainty of whether a formal complaint will be filed (it has not been filed as of this date), it would be inappropriate for the Commission or a Commissioner to meet with the parties.
Should you have any additional questions, please contact me at 334-0340.
Sincerely,
Dennis S. Hansen
President
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