20031103Application.pdf

JOSEPH MCNEAL, d/b/a PAGEDATA
O. Box 15509
Boise, ill 83715
[phone]
RECEIVED
FILED
znO3 OCT 31 PM 5: 35
Attorney Pro Se
,- - ,,
, d
UTIL fjES ' COt1f'iI SSIOH
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOSEPH B. MCNEAL, d/b/a PAGEDATA,
Complainant CASE NO. tJJpI? J.. dJ-d-.
COMPLAINT
vs.
QWEST COMMUNICATIONS, INc.
Respondent.
Complainant, Joseph B. McNeal, d/b/a PageData, complains against the
Respondent, Qwest Communications, Inc. ("Qwest"), and allege as follows:
INTRODUCTION AND SUMMARY
This Complaint is a formal complaint, filed in accordance with the federal
Telecommunications Act of 1996 (Act), Rule 54 of the IPUC Rules of Procedure, and
section 13.14 ofPageData s interconnection agreement with Qwest approved by the
Idaho PUC on February 25 2003.
Complainant alleges that Qwest refused to correct the billing in an expeditious
and prudent manner on account 208 R51-0454-454 per the Arch Interconnection
COMPLAINT -
Agreement that was adopted by PageData in January 2003 and approved by the Idaho
PUC on February 25 2003 (ICA). Complainant seeks an order from this Commission to
require Qwest to correct the billing on account BAN 208 R51-0454-454. Complainant
seeks an order from this Commission to require Qwest to remit cash payments to
PageData for reciprocal compensation or, at a minimum, to issue credits for the
reciprocal compensation to specific accounts and invoices specified by PageData from
January, 2003, forward.
Since the implementation ofthe Act and the signing of the ICA, PageData has
been in the unique position where Qwest owes PageData more money per month than
PageData owes Qwest. Qwest has responded to this change in law by using a pincer
move to lock PageData into facilities in which PageData would be obligated to pay
Qwest or force PageData to shut services off altogether while Qwest had refused to install
facilities and refused to pay reciprocal compensation.
STATEMENT OF FACTS
On December 22, 2002, PageData adopted the Arch Interconnection Agreement
in Iowa and the other 13 states in Qwest's territory, which was partially filed in Idaho
and the Idaho PUC approved such adoption on February 25 2003. The ICA became
effective 5 days after it was signed, but ten months later the invoices on BAN 208 R51-
0454-454 have still not been corrected to reflect the rates in the ICA.
The ICA outlined the terms and conditions of reciprocal compensation that Qwest
was to pay PageData in accordance to the Act. Qwest has not accepted PageData
invoices for reciprocal compensation for the period of January 2003 - May 15, 2003
COMPLAINT - 2
despite the fact that Arch, PageNet, and Progressive Paging were able to invoice from the
date their ICAs were signed, including the ability to submit a "catch-up invoice" to
invoice for reciprocal compensation from the date the ICA was signed to the date the
invoice format was approved. PageData is entitled to similar treatment under the Act.
Therefore, Qwest has discriminated against PageData.
Qwest has refused to issue cash payments to PageData for reciprocal
compensation because of prior disputed accounts, and Qwest has not given PageData an
accounting with regard to any credits that may have been issued for such reciprocal
compensation.
Because PageData did not have the ability to prevent Qwest from holding monies
that Qwest was obligated to pay under the ICA to PageData, PageData specifically
requested through several emails in May and June, 2003 that Qwest apply the reciprocal
compensation funds to corrected invoices under the new ICA so that PageData would be
in compliance with the ICA. PageData also requested a monthly itemization showing that
the reciprocal compensation had been applied to the invoices under the new ICA
(January, 2003 , forward) with any additional amounts placed in an escrow account.
To date, PageData has not received any reciprocal compensation payments or
credits to the invoices under the new ICA. This is in violation of paragraph 12.3 ofthe
ICA. Qwest has no authority under the ICA to hold money due PageData for reciprocal
compensation. Qwest has not disputed the reciprocal compensation charges according to
the ICA paragraphs 12.3 and 13.14. According to the ICA, if properly disputed, Qwest
can only hold four months' worth of disputed charges (not to exceed $100 000).
COMPLAINT - 3
However, Qwest has withheld payments from January, 2003, forward, which is more than
four months, and they have not properly disputed the reciprocal compensation invoices.
Qwest has failed and refused to correct PageData s invoices to the proper amounts
under the approved ICA from January, 2003 , forward. The SGAT illustrates the
seriousness of incorrect invoices by detailing fees for Qwest if they exceed the threshold
for inaccurate billings for an extended time.
Attached is a spreadsheet (see Exhibit A) showing a comparison of what Qwest
has been invoicing PageData with the amounts Qwest should have been invoicing
PageData under the ICA. To summarize, Qwest has been invoicing $1 871.45 monthly
(not counting late charges), while Qwest should have been invoicing $768.58 (see Exhibit
E). After disconnection of300 numbers and lines outside Boise on the account (see
attached letter request, Exhibit F), the monthly invoice would be reduced to $218.86 (see
Exhibit B).
Qwest has failed to comply with the ICA by failing to pay PageData the
reciprocal compensation. The reciprocal compensation that Qwest is holding more than
pays for all the facilities that PageData has had from January, 2003, forward.
Under the ICA and with the facilities PageData has in place now, each month
PageData invoices Qwest $1 022.66 for reciprocal compensation, not counting any
interest charges for outstanding balances (see Exhibit C). If Qwest continues not to issue
cash payments to PageData for this reciprocal compensation, then PageData is entitled to
have the reciprocal compensation immediately credited to the following accounts each
month:
COMPLAINT - 4
For the Period of January 2003 - October 2003
$768.58 Credited to BAN 208 R51-0454-454
$254.Sent to escrow account to be established in the name of PageD at a
$1,022.66 Total monthly amount for reciprocal compensation
Then, Qwest should be required to apply part of the money that should be in the escrow
account ($254.08 X 10 = $2 540.80) to bring account 208-375-8896 current.
Note: After disconnecting 300 numbers and everything outside Boise, the billing
amounts will change on account 208-R51-0454-454 to $218.86 per month and the
amount PageData would invoice Qwest for reciprocal compensation will change to
$743.75 per month, not including interest for overdue invoices. Thereafter, reciprocal
compensation credits should be applied as follows:
For the Period of November 2003 forward
$218.86 Credited to BAN 208 R51-0454-454
$524.00 Credited to Qwest account number 208-375-8896
$0.Issued by check to PageData
$743.75 Total monthly amount for reciprocal compensation
Earlier this year, Qwest used it monopolistic powers and unilaterally and
unlawfully shut down PageData s single point of presence that covered southern Idaho by
disconnecting part ofPageData s facilities. Since that time Qwest has committed to
install a partial DS3 for PageData to achieve a more standard single point of presence in
the LATA. Therefore, PageData is requesting that Qwest disconnect the remainder of the
facilities outside Boise that had been used to provide services throughout southern Idaho
(see Exhibit F).
There is no economic risk to Qwest by virtue of the relief sought by Complaint
since account 208-375-8896 would be kept current each month through credits
COMPLAINT - 5
transferred from the reciprocal compensation. Such relief would prevent Qwest from
putting a price squeeze on PageData. PageData has been required to pay Qwest additional
cash payments each month for business line services while Qwest holds reciprocal
compensation payments due PageData.
The implementation of this request would merely require an accounting procedure
for Qwest to do an internal account transfer to credit the small business account number
208-375-8896 and BAN R51-0454-454 from the credits for reciprocal compensation.
With the relief requested in this complaint, everything from January, 2003 (PageData
adoption of the Arch ICA) going forward would be corrected and accounts on both
Qwest's and PageData s sides would be brought current and remain current. This would
prevent Qwest from improperly shutting off any services for a so-called lack of payment.
INTERCONNECTION AGREEMENTS
By Qwest's own invention, Qwest sought to thwart PageData s attempts to
reconcile all past disputes into one complaint and action was taken to separate the time
periods into pre-interconnection, first interconnection, and second interconnection in an
attempt to exhaust PageData s resources. This appears to be the same weapon that Qwest
has been investigated by Minnesota and Arizona for offering favorable settlements to
preferred carriers. By settling with some carriers and not with others, Qwest has in
essence determined which carriers have a competitive advantage in a geographic
marketplace.
Qwest willfully signed the new ICA knowing that PageData was actively
disputing charges and accounts. Since Qwest signed the new ICA with PageData, Qwest
COMPLAINT - 6
is trying to bring known past disputes into the new ICA in order to thwart PageData
growth. However, the Commission should not allow Qwest to mix past disputes that are
before authoritative bodies that have the jurisdiction to settle those disputes with the
terms and conditions of the new ICA until those authoritative bodies have issued
decisions. It nullifies the purpose of signing an interconnection agreement if it is not
followed because of prior disputes or unsubstantiated, false claims.
The ICA that PageData presently has with Qwest should be the end of all new
litigation with Qwest. It is the first interconnection agreement that complies with the Act
by including a single point of presence, reciprocal compensation and allows adoption of
other terms and conditions under Section 252(i).
The Commission should put an end to Qwest's unlawful billing, refusing its
primary duty to interconnect, discrimination, intimidation, and harassment. PageData is
asking the Commission to put an end to these practices of Qwest.
LIST OF ATTACHED EXHffiITS FILED UNDER SEAL
A. Comparison of actual invoice charges versus rates should be according to the ICA
B. Comparison of invoice charges under the ICA for Boise only facilities
c. Copy of invoice for reciprocal compensation
D. Copy of office phone bill (Account 208-375-8896)
E. Copy ofIABS bill (BAN 208 R51-0454-454)
F. Copy of request to disconnect phone numbers and facilities
COMPLAINT - 7
PRAYER FOR RELIEF
WHEREFORE, Complainant prays for a Commission order granting relief as
follows:
Require Qwest to correct the billing under the ICA, from the signing of the
ICA forward.
Order Qwest to honor the ICA as signed until such time that authoritative
bodies having jurisdiction in such matters have issued rulings for past disputes.
Require Qwest to pay PageData for reciprocal compensation in the form
of a check or, in the alternative, to apply reciprocal compensation credits to specific
accounts and invoices requested by PageData.
Require Qwest, on a going forward basis, to issue PageData checks for
reciprocal compensation according to paragraph 12.3 of the ICA.
Require Qwest to immediately shut off and cease billing PageData for the
phone numbers and facilities that PageData has requested by letter dated October 30
2003 (see attached letter, Exhibit F).
Order Qwest not to disconnect account 208-375-8896 including phone
lines, voicemail, and DSL services since Qwest has PageData s funds in Qwest's
possession to satisfy this account, even if Qwest continues to dispute other matters with
PageData.
Order that the information contained in this document and Exhibits remain
confidential and proprietary information.
Order such other and further relief as the Commission deems just and
proper.
COMPLAINT - 8
RESPECTFULLY SUBMITTED this 31 st day of October, 2003.
COMPLAINT - 9
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 31 st day of October, 2003 , I caused to be served
a true and correct copy of the foregoing by the method indicated below, and addressed to
the following:
Jean Jewell
Idaho Public Utilities Secretary
472 W. Washington Street
PO Box 83720
Boise, ill 83720-0074
US. Mail _Fax _ByHand
William 1. Batt
Marshall Batt & Fisher, LLP
101 S. Capitol Blvd.
Boise, ill 83701
- US. Mail _Fax ~ByHand
Qwest Communications, Inc.
Director - Interconnect
1801 California Street, Room 2410
Denver, CO 80202
- US. Mail Fax By Hand
Qwest Law Department
Attention General Counsel
1801 California, Room 5100
Denver, CO 80202
- US. Mail _Fax _By Hand
COMPLAINT - 10
JOSEPH MCNEAL, d/b/a PAGEDATA
O. Box 15509
Boise, ID 83715
[phone]
Attorney Pro Se
RECEiVED 0
'/..-.,
en '
j ... "
lllfi3 nCT 3 \ ~M 5: 35
\UtJL\L.
UTILITIES cm'1f1\SSiON
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOSEPH B. MCNEAL, d/b/a PAGEDATA
, )
Complainant
vs.
QWEST COMMUNICATIONS, INC.
Respondent.
CASENO.
tJU/E-
~V'g ~Jr
EXHIBITS A-F TO COMPLAINT
CONFIDENTIAL
FILED UNDER SEAL
The enclosed Exhibits A-F to the Complaint contain confidential and proprietary
information and the same are being filed under seal.
DATED this
5t--day of October, 2003.
EXHIBITS A-F TO COMPLAINT -