20110711_3392.pdf

Dea J. Miller (ISB No. 1968)
Chas. F. McDevitt (1SB No. 835)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. BOX 2564-83701
Boise, Idao 83702
Tel: [phone]
Fax: [phone]
joeCimcdevitt-mier .com
RECEIVED
201 i JUl -, PH '2= 36
UTll.l,QA1EHO PUStJ:::.. ¡ _S COMMISSION
ORIGINAL
Brooks H. Harlow
Todd B. Lator
LUKS, NACE, GUTIERRZ & SACHS, LLP
8300 Grsboro Drve, Suite 1200
McLe, Virgia 22102
Tel: [phone]
Fax: [phone]
bharlow(ãfcclaw.com
Attorneys for Alled Wireless Communications Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE Case No. TMW-T-IO-Ol
APPLICATION OF T-MOBILE WEST
CORPORATION FOR DESIGNATION MOTION TO DEFERAS AN ELIGIBLE DELmERATIONS
TELECOMMUNCATIONS CARER
PURSUANT TO 47 U.S.C. 214 e 2
COMES NOW, the Interenor, Allied Wireless Communcations Corporation
("Allied Wireless"), by and though its attorney of rerd, and pursuat to IPUCRP56
moves the Commssion to defer deliberons on the merts of ths matter. Allied
Wireless was grted interenor status by the Commission approximately two weeks
ago.l
i See In the Matter of
the Application ofT-Mobile West Corp. for Designtion as an Eligible
Telecommunications Carrer, Case No. TMW-T-IO-Ol, Orer No. 32265 (June 16,2011).
MOTION TO DEFER DELmERATIONS-l
Ths Motion is made and based upon the grounds. and for the reans that Allied
Wireless on ths date ha propounded wrtten discover requests to the Applicat T-
Mobile. A copy of the wrtten discover requests is attched herto.
As can be seen by review of the discover reuests, the information sought by the
requests is relevant to the proceeding and the information requested is not yet within.the
Commission recrd.
Allied Wireless will promptly evaluate the information provided by T - Mobile in
respnse to the discovery requests.
WHREFORE, Allied Wireless respectfuly request that the Commssion defer
deliberations on the merts of ths matter pending completon of discover by Allied
Wirless.
DATED ths \ day ofJuly, 2011.
MCDEVl & MIER LLP
BS\\\!.ilf~lfer
Attorney for Alled Wireless
Communications
MOTION TO DEFER DELmERATIONS-2
CERTIFICATE OF SERVICE
I hereby cerify that on the ~ day of July, 2011, I caused to be sered via the
method(s) indicated below, tre and correct copies of the foregoing docuent, upon:
Jea Jewell, Seceta
Idaho Public Utilities Commssion
472 West Washington Street
P.O. Box 83720
Boise, ID 83 720~007 4
jiewell(iuc.state.id.us
Hand Delivered
U.S. Mail
Fax
Fed. Express
Email
/lùù.c.Ù
David Daggett, Esq.
DAVIS WRIGHT TRANE, LLP
1202 Thd Ave., Suite 2200
Seatte, WA 98101-3045
daviddaggetWJdwt.com
Hand Delivered .c.
U.S. Mail .c.
Fax .c.
Fed. Exprss .c.
Email ~
Mark P. Trinchero, Esq.
DAVIS WRIGHT TRMANE, LLP
1300 SW Fift Ave., Suite 2300
Portand, OR 97201
marktncherWJdwt.com
Hand Delivered
U.S. Mail
Fax
Fed. Expres
Email
Ter Ohta, Esq.
Senor Corprate Counel
T -Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
terotatmobile.com
Hand Delivered
U.S. Mail
Fax
Fed. Express
Email
Cyntha A. Melillo, Esq.
Givens Puley LLP
601 N. Banock Stree
P.O. Box 2720
Boise, ID 83701
caWJgivenursley.com
Hand Delivered
U.S. Mail
Fax
Fed. Express
Email
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BY~
c & MILLER LLP
MOTION TO DEFER DELffERATIONS .3
Dean J. Miller (ISB No. 1968)
Chas. F. McDevitt (1SB No. 835)
McDEVITT & MILLER LLP
420 West Banock street
P.O. BOX 2564-83701
Boise, Idaho 83702
. Tel: [phone]
Fax: [phone]
joe(ãmcdevitt-mier.com
RECEIVED
ZUllJUL -I PH '2: 43
_ IDAHO Pi)!';, v'
U'11Li~" ,- r ....u. 'vI i c: \.;:; C 0 ~._:j j r S c~ ":~~ f r'" 1. i. . t j ~;; 1 ~...; ".- ~ ~..,j r~
Brooks H. Harlow
Todd B. Lator
LUKS, NACE, GUTIERRZ & SACHS, LLP
8300 Greensboro Drive~ Suite 1200
McLean Virgia 22102
Tel: [phone]
Fax: [phone]
bharlow(ãfcclaw.com
Attorneys for Alled Wireless Communications Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
IN THE MATTER OF THE
APPLICATION OF T-MOBILE WEST
CORPORATION FOR DESIGNATION
AS AN ELIGIBLE
TELECO~CATIONS CARRER
PURUAN T047 U.S.C. §214(e)(2)
Case No.TM-T;'lO-Ol
FIRST PRODUCTION REQUEST OF
ALLIED WILESS
COMMUCATIONS
CORPORATION TO T-MOBILE
WEST CORPORATION
Allied Wireless Communcations Corporation ("Alled Wirless"), by and
though its attorney of record, Dean J. Miler of McDevitt & Miler, LLP, requests that T -
Mobile West Corporation (T-Mobile) provide the followig docuents and inormtion.
Ths Production Request is to be considered as contiuing and T-Mobile (also
refered to herein as "you" or "your") is requested to provide, by way of supplementar
FIT PRODUCTION REQUEST OF ALLIED WILESS COMMUNICATIONS
CORPRATION TO T-MOBILE WEST CORPRATION-l
responses, additional docuents that it or any peron actig on its behalf may later obta
that wil augment the documents produce.
For each item, please indicate the name of the pern( s) preparg the answer,
along with the job title of such persons) and the witness who can sponsor the anwer.
Please provide anwer to each question, supportg workpapers that provide
detal or are the source.ofinformation used in caculations. T;.Mobile is remded that
responses puruant to Commssion Rules of Procedure must include the name and phone
number of the pern preparg the document, and the name, location and phone number
of the record holder and if different the witness who ca sponsor the answer at heag, if
necessar.
REQUEST NO.1: Pleae provide copies of all docuents filed in ths case with
the Commssion which included a request for confidential designation or treatment.
REQUEST NO.2: Please provide copies of all documents provided or shown to
the Commssion staf in relation to this cae.
REQUEST NQ.- 3: To the extent not included in your responses to RequestNos.
1 or 2, for eRch of fist two year of ETC designtion, pleae provide a detaled form
netork improvemert plan demonstratig how applicat will use support fuds (all
federal support types except low-income support); together with all drft and
workpaper leading to such plan. Any inormation in tale formt should also be
provided in native electonic format, preferably ExceL.
FIT PRODUCTION REQUEST OF ALLIED WIESS COMMICATIONS
CORPRATION TO T-MOBILE WEST CORPRATION-2
REQUEST NO.4: By quaer, for the end of each quaer from the fit quaer
of 2009 though the second quaer of 2011, pleae provide T -Mobile's counts of eligible
lines/handsets in serice in each ILEC wie center included in your application in ths
case, with disaggegated per-line support and in each ILEC study area wher suport is
averged, by residence, single-line business, and multi-line business categories. If any.
ILEChas dis aggregated its support below the wire ceter level, the counts should also be
provided by zone. The respons should be provided in native electronic formts,
preferably ExceL.
REQUEST NO.5: Please provide T -Mobile's forect of support amount, by
tye other than low-income, and by ILEC serce area that the applicant expec to
recive in the fist two years of designation, as well as an explanation of how the forecat
was derved; together with all workpapers and calculations showig how the estimates
were prepared. The response should be provided in native electronic formats, preferably
ExceL.
REQUEST NO.6: Please provide detailed informtion for each T -Mobile
project that wil use unversal serce support fuds, including:
A. The descrption and purose of the project, its physica location, the ILEC
serg that area, and whether the project is a collocation site.
B.The star date and completion data (by quaer).
C. The amount of suport money allocated to the project, In total and broken
down by investment and expense tyes.
FIT PRODUCTION REQUEST OF ALLIED WILESS COMMICATIONS
CORPRATION TO T-MOBILE WEST CORPRATION-3
D. The amount of company's own fuds that will be us for each supported
project
E. A brief explanation of why the caer would not make these
improvements without the avaiabilty of support fuding.
F. Quantification of resultig serce improvements by tye (increased
coverge, signal strengt capacity, etc.), population benefite, and
geographic area benefited (shown on map(s))~
REQUEST NO.7: Pleae provide electronic copies in native formts maps of
T-Mobile's cuent coverage in Idaho. Without limitation, each map should include
separately al layer. If multiple formats are available, please provide in al available .
formts.
REQUEST NO.8: Please provide electrnic copies in native formats ofT-
Mobile's coverage maps showig the projected coverage upon conclusion of the USF-
fuded projects identified in your responses. Without limitation, each map should
include separtely all layer. If multiple formats are avaiable pleae provide in all
avaiable formts.
REQUEST NO.9: Please provide a table of the latitudes and longitudes of each
proposed new cell site identified in T -Mobile's Netork Improvement Plan. If available,
in addition to a paper copy, please provide the table in Excel (or Word) format with the
site name and degrees, minutes, and secnds for both latitude and longitude in separate
colum.
FIRT PRODUCTION REQUEST OF ALLIED WILESS COMMICATIONS
CORPRATION TO T-MOBILE WEST CORPRATION-4
REQUEST NO. 10: Please provide a table of the latitudes and longitudes of
each existig cell site ofT-Mobile or any cell site curently under constrction in Idaho.
For cell sites added with the last five yea, pleae include the in-serce or acquisition
date. For cell sites added since 2009, please include the sta of constrction date and the
in-serce date. For cell sites under constrction, please provide the sta of constrcton
date. If available, in addition to a paper copy, pleae provide the table in Excel (or Word)
format with the site name and degrees, miutes, and seconds for both latitude and
longitude in separte colum.
REQUEST NO. 11: For all Idaho T-Mobile cell sites completed since July 1,
2010, or cuently under constrcton, or in any stages of plang (including any
plang that may be contigent on any occuence, such as ETC designation), please
state by site whether any site acquisition or preliar engieerg work has been
planed, authoried, or done for the site. If so, please produce all documents reflecg
such work, authorization, or planng.
REQUEST NO. 12: Does T-Mobile have any maps or lists of cuent AT&T,
CingUar, or Edge cell sites in Idaho? If so, please provide the most precise informtion
available, such as a table of the latitudes and longitudes or maps in native electronic
formt. If available, in addition to a paper copy, please provide the table in Excel (or
Word) formt with the site name and degrees, miutes, and secnds for both latitude and
longitude in separte colum.
FIT PRODUCTION REQUEST OF ALLIED WILESS COMMICATIONS
CORPORATION TO T-MOBILE WEST CORPRATION-S
REQUEST NO. 13: Does T -Mobile have any maps detling the coverage of
. AT&T, Cinguar, or Edge cell sites in Idao? If so, please provide the most preise
coverage information available, such as maps in native electrnic formats.
REQUEST NO. 14: Please produce copies of any report, memos,
correspondence, or other docuents relatig to T-Mobile's ETC applications and
provided to aT-Mobile Board or board commttee, T -Mobile offce, or T -Mobile's
parent or affiate corprations; includig, without limiting the foregoing, any discussion
of possible relinquishment of support in relation to the proposed merger with AT&T.
REQUEST NO. 15: Please provide copies of all T -Mobile capital expenditue
budgets for Idaho prepared since 2009.
REQUEST NO. 16: Has T-Mobile prepared alterative capital expenditue
budgets for Idaho that are contigent on receipt of Feder Univeral Serce fuding? If
so please provide them.
REQUEST NO. 17: With regard to states where T-Mobil~ has been designate
an ETC:
a. When was T-Mobile's ETC designation effective?
b. How many Lifeline subscriber does T -Mobile have?
FIRT PRODUCTIoN REQUEST OF ALLIED WILESS COMMICATIONS
CORPORATION TO T-MOBllE WEST CORPRATION-6
REQUEST NO. 18: Why did T -Mobile relinquish its ETC designations in
Tenessee and Virgia?
REQUEST NO. 19: Please admit that Philipp Hum CEO T -Mobile USA~ Inc.,
gave the followig tetiony before a Subcommttee of the Senate Judiciar Commttee
in May, 2011: "As data usage contiues to explode, spectr is becomig a constrt to
our,business, with T -Mobile facing spectr exhaust over the next couple of yea in a
number of signficat markets. Moreover, our spect holdings will not allow us to
launch LTE. T-Mobile also lacks thelow band spectrm that would enble it to offer
nationwide dee in-building coverage, parcuarly to reach homes in suburbs aidin. ru
areas."
REQUEST NO. 20: With regard to your "Response" filed with the Commssion
on June 23, 2011, on page 2, that "T -Mobile will remai the designated ETC lega entity
followig the merger, please descrbe in detal the post-merger corprate strctue,
provide and organization cha, detal all changes in control (dict or indirect) of ''T-
Mobile" that mayor will occur after the merger as a result of chaged ownerp or
corporate stctue, and provide copies of relevant docuents, including merger
agreements.
REQUEST NO. 21: With regard to your "Resonse" filed with the Commssion
on June 23, 201 1, at page 6, that Prtester are motivated by thei "fiancial interests"
and "profits," please state whether or not T -Mobile is motivated by fiancial interests and
FIT PRODUCTION REQUEST OF ALLIED WILESS COMMICATIONS
CORPORATION TO T.MOBILE WEST CORPRATION-7
profits and explai your anwer. Additionally, please provide all documents relatig to
fiancia1 analyses of the imact of grant or denial ofT-Mobile's ETC application in
Idaho.
REQUEST NO. 22: With regard to your "Response" fied with the Commssion
on June 23,2011, begig at page 9, regarding Idaho's possible loss of relinquished
support resultig from the AT&T merger and"T -Mobile's plan," pleae detal all facts
or knowledge you possess regarding AT&T's plans for ETC statu and Feder USF
support after or in relation to the proposed merger. Pleae provide all docuents that
support or relate to your answer.
REQUEST NO. 23: With regard to your "Response" filed with the Commssion
on June 23, 2011, and the discussion of the Texas case begiing on page 1 1, please
provide unredacte copies of al motions and briefs fied by any par in the Texas PUC
cae.
REQUEST NO. 24: With regard to your "Response" filed with the Commsion
on June 23,2011, and the discussion of Mr. Stephenon's Congressional testimony
begig at page 14, please explai in detail wheter and, if so, how AT&T could or
would complete the LTE build out under discussion without concutly mag voice
coverage available to same areas as the LTE coverage. Please provide al docuents
supportg or relatig to your answer.
FIST PRODUCTION REQUEST OF ALLIED WILESS COMMNICATIONS
CORPORATION TO T-MOBD.E WEST CORPRATION-8
DATED thslst day of July, 2011.
MCDEVI & MILER, LLP
BYDlWL
Dea J. Miller
Attorney for Alled Wireless
Communications
FIT PRODUCTION REQUEST OF ALLIED WILESS COMMNICATIONS
CORPRATION TO T-MOBILE WEST CORPRATION-9
CERTICATE OF SERVICE
I hereby cerfy that on the ~ day of July, 2011, I caused to be sered, via the
metod(s) indicated below, tre and correct copies of the foregoing docuent, upon:
Jean Jewell, Secreta Hand Delivered ~
Idaho Public Utilties Commssion U.S. Mail .c.
472 West Washington Strt Fax .c.
P.O. Box 83720 Fed. Express .c.
Boise, iD 83720-0074 Email .c.
jjeweU(iuc.state.id. us
Hand Delivered .c.
David Daggett, Esq.U.S. Mail .c.
DAVIS WRIGHT TRMAE, LLP Fax .c.
1202 Thrd Ave., Suite 2200 Fed. Express Ù
Seatte, WA 98101-3045 Emal d
daviddaggetttßdwt.com
Hand Delivered .c.
Mark P. Trichero, Esq.U.S. Mail .c.
DAVIS WRIGHT TRMAE, LLP Fax .c.
1300 SW Fift Ave., Suite 2300 Fed. Express .c.
Portand, OR 97201 Emal ~
maktcherotßdwt.com
Ter Ohta Esq.Hand Delivered .c.
Senor Corporate Counsel U.S. Mail .c.
T-Mobile USA, Inc.Fax .c.
12920 SE 38th Str . Fed. Express .c.
Bellevue, WA 98006 Email ,;
terotatßtmobile.com
Cyntha A. Melilo, Esq.Hand Delivered .c.
Given Purley LLP U.S. Mail .c.
601 N. Banock Street Fax .c.
P.O. Box 2720 Fed. Express .c.
Boise, ID 83701 Emal J4
caigivenspursley.com
BY: . J~
McDEvm &ÌLLER LLP
FIST PRODUCTION REQUEST OF ALLIED WILESS COMMUNICATIONS
CORPORATION TO T.MOBILE WEST CORPRATION-tO