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Home My WebLink About20070514Answer to amended complaint.pdf, " Mary S. Hobson Attorney & Counselor 999 Main, Suite 1103 Boise, ID 83702 208-385-8666 ;ri'i!,~\ PiI L,:1,:8 I! , " ,; , J, (Ii ,'!" ~ " I j ,, ;.:') ' i ' , " May 14, 2007 VIA HAND DELIVERY Jean D. Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Boise, ill 83702-5983 RE:Docket No. QWE-O6- Dear Ms. Jewell: Enclosed for filing with this Commission are an original and seven (7) copies of QWEST CORPORATION'S ANSWER in the above referenced matter. If you have any questions, please contact me. Thank you for your cooperation in this matter. Very truly yours ~:f:ts ~ ~ Iz-- Enclosurescc: Service List Mary S. Hobson (ISB. No. 2142) 999 Main, Suite 1103 Boise, ill 83702 Tel: 208-385-8666 mary .ho bson(g)qwest. com );; ,i L;. t~:; JiiUi! , ", ,,, ,~:~ / I, i '; ! 3 S Ii Douglas R. M. Nazarian Hogan & Hartson 111 South Calvert Street Baltimore, MD 21202 Tel: (410) 659-2700 drmnazarian~hhlaw.com Attorneys for Qwest Corporation BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION AT&T COMMUNICATIONS OF THE MOUNTAIN STATES, INc., Complainant,Case No. QWE-O6- QWEST CORPORATION Respondent. ANSWER Qwest Corporation ("Qwest") answers the Amended Complaint of AT&T Communications of the Mountain States, Inc. ("AT&T") as follows: INTRODUCTION Qwest denies all allegations of the Amended Complaint not specifically admitted herein. Answering the Amended Complaint, Qwest admits that it was a party to agreements with AT&T, one of which is attached as Exhibit 1 to the Amended Complaint. The remainder of Answer of Qwest Corporation \ \ \DC - 066983/000055 - 2543216 vI paragraph 1 of the Amended Complaint states a legal conclusion to which no response is required. Qwest states further that Qwest's agreement with AT&T speaks for itself. To the extent a response is deemed to be required, Qwest denies the remaining allegations contained in paragraph 1. Qwest denies the characterization of the "Eschelon Agreement" described in paragraph 2 of the Amended Complaint and denies entering into any so-characterized "Eschelon Agreement." Qwest states further that Qwest's agreements with Eschelon speak for themselves. Qwest further denies that AT&T obtained telecommunications facilities and services from Qwest that were the same as, or comparable to, the telecommunications facilities and services that Qwest provided, or agreed to provide, to Eschelon during the timeframe in which its agreements with those carriers were in effect. Qwest denies all other allegations contained in paragraph 2 of the Amended Complaint. Qwest denies the characterization of the "McLeod Agreement" described in paragraph 3 of the Amended Complaint and denies entering into any so-characterized "McLeod Agreement." Qwest states further that Qwest's agreements with McLeod speak for themselves. Qwest denies that AT&T obtained telecommunications facilities and services from Qwest that were the same as, or comparable to, the telecommunications facilities and services that Qwest provided, or agreed to provide, to McLeod during the timeframe in which its agreements with those carriers were in effect. Qwest denies all other allegations contained in paragraph 3 of the Amended Complaint. Qwest hereby incorporates by reference its responses to paragraphs 2 and 3 to the Amended Complaint and denies the allegations contained in paragraph 4 of the Amended Complaint. Answer of Qwest Corporation \\\DC - 0669831000055 - 2543216 vI Qwest denies the allegations contained in paragraph 5 of the Amended Complaint. Qwest is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 6 of the Amended Complaint. To the extent a response is deemed to be required, Qwest denies the allegations contained in paragraph 6. Qwest denies the allegations contained in paragraph 7 of the Amended Complaint. Qwest denies the allegations contained in paragraph 8 of the Amended Complaint. THE PARTIES Qwest is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 9 of the Amended Complaint. To the extent a response is deemed to be required, Qwest denies the allegations contained in paragraph 9. 10.Qwest admits the allegations contained in paragraph 10 of the Amended Complaint. JURISDICTION AND VENUE 11.Paragraph 11 of the Amended Complaint states a legal conclusion to which no response is required. To the extent a response is deemed to be required, Qwest denies the allegations contained in paragraph 11. COUNT I Breach of Contract 12.Qwest restates and incorporates here by reference its responses to paragraphs through 11 above. Answer of Qwest Corporation \ \ \DC - 066983/000055 - 2543216 vI 13.Paragraph 13 of the Amended Complaint states legal conclusions to which no response is required. Qwest states further that Qwest's agreement with AT&T speaks for itself. To the extent a response is deemed to be required, Qwest denies the allegations contained in paragraph 13. 14.Paragraph 14 of the Amended Complaint states legal conclusions to which no response is required. To the extent a response is deemed to be required, Qwest denies the allegations contained in paragraph 14. 15.Qwest denies the allegations contained in paragraph 15 of the Amended Complaint. WHEREFORE Qwest denies that AT&T is entitled to judgment in any amount, costs or any other relief, and Qwest respectfully requests that the Commission enter an order dismissing AT&T's Amended Complaint, with prejudice, and award Qwest and any other relief to which this Commission finds that Qwest is entitled. DEFENSES First Defense The Amended Complaint fails to state a claim upon which relief can be granted. Second Defense AT&T's claims are barred by the governing statute oflimitations and the doctrine of laches. Third Defense AT&T's claims are preempted by federal law. Fourth Defense Answer of Qwest Corporation \ \ \DC - 0669831000055 - 2543216 vI AT&T's claims are barred , in whole or in part, for failure to satisfy conditions precedent contained in the Telecommunications Act of 1996 and FCC regulations. Fifth Defense Qwest provides services in accordance with lawful catalogs and price lists, which are on file with the Idaho Public Utilities Commission, and in accordance with the interconnection agreements Qwest has entered with AT&T. Qwest is not and was not obligated to provide service contrary to the requirements and obligations set forth in the catalogs and price lists. . Sixth Defense AT&T's claims are barred by the operation of the filed rate doctrine. Seventh Defense AT &T' s claims are barred by the statute of frauds. Eighth Defense AT &T' s claims are barred because AT&T has waived, released and discharged pursuant to the parties ' Bill Closure Agreement. Ninth Defense AT&T's claims are barred by accord and satisfaction as a result of the parties' Bill Closure Agreement. Tenth Defense AT&T's claims are barred by the doctrine of unclean hands. Eleventh Defense AT &T' s claims are barred by the doctrines of waiver and estoppel. Answer of Qwest Corporation \ \ \DC - 0669831000055 - 2543216 vI Twelfth Defense AT &T has suffered no legally cognizable harm or injury as a result of any conduct by Qwest. Thirteenth Defense Any recovery should be reduced to the extent that AT&T failed to mitigate any damages. Fourteenth Defense The Commission lacks the jurisdiction to grant the relief requested in the Amended Complaint. Fifteenth Defense Qwest reserves the right to assert additional affirmative defenses to the extent they become available. DATED this 14th day of May, 2007. Respectfully submitted At.~ft/Yl.f.~ /!d-l;rd--~ --' Mary S. Hopson (ISB. No. 2142) 999 Main. Suite 1103 Boise, ill 83702 Attorney for Qwest Corporation Answer of Qwest Corporation \ \ \DC - 0669831000055 - 2543216 vI CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing ANSWER was served on the 14th day of May, 2007 on the following individuals: Jean D. Jewell Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, ill 83702 Telephone (208) 334-0300 Facsimile: (208) 334-3762 i iewel1~puc.state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Molly O'Leary Richardson & O'Leary 515 North 2ih Street O. Box 7218 Boise, Idaho 83707 mo 11 y(g)richardsonando leary. com Theodore A. Livingston Dennis G. Friedman Mayer, Brown, Rowe & Maw LLP 71 South Wacker Drive Chicago, IL 60606-4637 dfri edman(g)ma yerbro wn. com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Dan Foley General Attorney & Assistant General Counsel AT&T West O. Box 11010 Reno, Nevada df6929(g)att.com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email --X -=- obson or Qwest Corporation Answer of Qwest Corporation \ \ \DC - 0669831000055 - 2543216 vI