20100521Decision Memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
WORKING FILE
FROM:NANCY HYLTON
DON HOWELL, DEPUTY ATTORNEY GENERAL
DATE:MAY 11 2010
RE:FORMAL COMPLAINT OF BRIAN STUTZMAN, BUSINESS PHONE
SPECIALISTS, INc., ON BEHALF OF GRACE JOINT SCHOOL
DISTRICT NO. 148 AGAINST QWEST COMMUNICATIONS
On May 6, 2010, the Commission received a "formal" complaint (Atch. A) from
Brian Stutzman of Business Phone Specialists, Inc., (BPS) against Qwest Communications. Mr.
Stutzman is acting on behalf of the Grace Joint School District No. 148 (District). The District
claims that telephone equipment at Thatcher Elementary School was damaged by a power surge
on the telephone line during the process of porting service from Paetec to Qwest. The District
maintains that Qwest caused the damage and requests that Qwest pay $1 500 to cover the cost of
replacing Thatcher Elementary School's telephone equipment. Atch. A. at 2. Qwest denies
responsibility for the damage and has refused to pay the requested amount. The District and Mr.
Stutzman are unsatisfied with the outcome of the informal procedures to resolve the complaint
and have filed this formal complaint.
BACKGROUND
The District and Mr. Stutzman claim that a "power surge" damaged telephone
equipment at Thatcher Elementary during the process of porting telephone service from Paetec
its former service provider, to Qwest. Atch. A at 1. BPS was retained by the District to
investigate and repair or replace the damaged equipment. Atch. A at 3. BPS determined the
damaged equipment could not be repaired cost-effectively and subsequently replaced the
equipment. Mr. Stutzman alleges the technician on site stated a power surge on the telephone
DECISION MEMORANDUM - 1 -
line caused the damage to the telephone system. BPS billed the District $1 675 , with $1 500 of
that amount constituting the damage claim against Qwest.
On December 7, 2009, the District submitted a claim, including the statement from
BPS. Atch. B. On December 16 2009, Joni L. Duran, Qwest Manager of Service Claims , sent a
letter (Atch. C) to Dr. Brogan denying the claim and stating the basic phone lines used by the
District (208-427-6346 and -0008) at the address (Thatcher Elementary) are not designed to, or
capable of carrying the amount of amperage it would take to ruin a phone system. She went on
to say that a Qwest technician, sent on November 5, 2009, was unable to locate any trouble in the
Qwest facilities or any unusual amperage on the lines.
On December 23 , 2009, the District sent a fax to the Qwest Service Claims
department to request that the claim be submitted to a supervisor. Atch. D. According to Qwest
the claim was again denied.
On February 5, 2010, Brian Stutzman faxed a letter to Qwest asking for
reconsideration of the claim. Atch. E. On February 18 2010, Qwest sent another letter denying
the claim. Atch. F. The letter cited Idaho Basic Local Exchange Tariff 2.4.1 (Atch. G) and
asked that Mr. Stutzman provide any information he had establishing gross negligence or willful
misconduct by Qwest.
On February 25, 2010 , Mr. Stutzman faxed the vendor bill along with a copy of
Qwest's February 18 letter (Atch. H) with a note in the margin that said "blowing up a phone
system at cutover" and pointing to the circled words "gross negligence" in the letter. Qwest did
not respond to Mr. Stutzman.
On March 23 , 2010, Mr. Stutzman sent another letter (Atch. I) along with another
copy of the BPS invoice to Qwest saying he had not received the anticipated check and requested
that Ms. Duran call him.
On April 19 , 2010, Mr. Stutzman went to Denver and hand-delivered yet another
copy of the March 23 , 2010, letter and invoice. On April 20, 2010, Ms. Duran left a voice
message for Mr. Stutzman reiterating the claim was denied.
According to Qwest, on April 26, 2010 , Mr. Stutzman left a message for Ms. Duran
indicating he d come to Denver again, if necessary. At that point, the matter was referred to
Qwest's security department.
DECISION MEMORANDUM - 2 -
THE COMPLAINT
Mr. Stutzman asserts that Qwest has not been responsive to his claims, sending form
letters but not returning his calls. He insists the Commission had jurisdiction over this matter
because the Company has acted with "gross negligence" referring to Qwest's Exchange and
Network Service Catalog 2.4.1. The Company s Exchange and Network Services Catalog
contains a liability limitation. In particular, Section 2.4.1 A states:
NO LIABILITY SHALL ATTACH TO THE COMPANY FOR DAMAGES
ARISING FROM ERRORS , MISTAKES, OMISSIONS, INTERRUPTIONS
OR DELAYS OF THE COMP ANY . IN THE COURSE OF
ESTABLISHING, FURNISHING, ARRANGING, MOVING
TERMINATING, OR CHANGING THE SERVICE OR FACILITIES. . . THE ABSENCE OF GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT.
(Capitals in original and underline added).
Mr. Stutzman also pointed out that the Commission s Telephone Customer Relations
Rule 401.02 provides that parties may have a face-to-face meeting to resolve complaints. Rule
401.02 (emphasis added) states:
Procedure on Review. The Commission will process these requests as
informal complaints pursuant to the Commission s Rules of Procedure
IDAP A 31.01.01.000 et seq. Telephone service shall not be terminated nor
shall termination be threatened by notice or otherwise in connection with the
subject matter of the complaint while the complaint is pending before the
Commission so long as the customer continues to pay all amounts not in
dispute, including current telephone bills. Upon request by any party, the
parties and a representative of the Commission shall be required to meet and
confer.
Staff indicated to Mr. Stutzman that although we could assist him with submission of
a damage claim as part of the informal complaint process, Staff could not make a finding on the
legitimacy of the claim or require the Company to pay damages for which it denied
responsibility. Ultimately, Staff believes as set out below it is not within the Commission
jurisdiction to award damages. Staff recommended that he pursue his damage claim through the
Small Claims Court.
LEGAL ANALYSIS
In essence, BPS and the School District seek recovery of its damages for the alleged
gross negligence of Qwest. Idaho Code ~ 62-616 provides that the Commission shall have the
DECISION MEMORANDUM - 3 -
authority to investigate and resolve telecommunication complaints which concern the quality and
availability of local exchange service; or whether the price and conditions of service are in
conformance with filed price lists; or whether the carrier acted in compliance with the
Commission s Telephone Customer Relations Rules. See also Idaho Code ~ 62-622(5); IDAPA
31.41.01. However, the Commission is an agency of limited jurisdiction and may only exercise
that authority delegated to it by the Legislature. Washington Water Power v. Kootenai
Environmental Alliance 99 Idaho 875 , 591 P.2d 122 (1979). Since the Commission s inception
in 1913 it has not been authorized to award damages.There is nothing in the
Telecommunications Act that authorizes the Commission to award damages for the negligence of
a telecommunications company. Idaho Code ~~ 62-601 et seq. Although the Commission has
authority to recover "civil penalties" from telephone corporations that violate statutes, orders or
rules, civil penalties are not the same as damages. Idaho Code ~ 62-620. In particular, civil
penalties are brought in the name of the State of Idaho and such penalties recovered by the State
are paid into the General Fund. Id.
The inability of the Commission to award damages under Title 62 is similar to the
prohibition in Title 61. More specifically, Idaho Code ~ 61-702 provides that "any corporation
or person" injured by the conduct of a public utility may file an "action to recover such loss
damage or injury. . . in any court of competent jurisdiction. . .." The Commission is not a
judicial court.
Mr. Stutzman s reliance on Telephone Rule 401.02 is also misplaced. Rule 401.01
provides that the Commission "has authority to investigate and resolve complaints made by
subscribers to telecommunication services that concern quality and availability of local exchange
service, or whether price and conditions of service are in conformance with filed tariffs or price
lists, deposit requirements for such services or disconnection of such service.IDAPA
31.41.01.401.01. Subsection 01 further provides that the Commission "may consider complaints
regarding any telephone services over which the Commission has authority.Id. Subsection 02
pertains to "informal" complaints.
As noted above, the Commission does not have authority to award damages caused
by the actions of a public utility. The award of damages rests with the courts of this State - not
the Commission. Consequently, the Staff believes that the Commission cannot provide the
requested relief in this complaint.
DECISION MEMORANDUM - 4 -
STAFF RECOMMENDATION
The Grace Joint School District No. 148 and Mr. Stutzman are not satisfied with the
outcome of the informal complaint. Consequently, this formal complaint was filed. See Rules
24 and 54 , IDAPA 31.01.01.023
, .
024 and .054.
Staff does not recommend the Commission accept or process the formal complaint
because adjudication of a damage claim is not within its jurisdiction. Staff believes that the
Commission may issue an Order denying the complaint for lack of subject matter jurisdiction.
CO MMISSI 0 N D ECISI 0 N
What does the Commission wish to do about the Grace Joint School District No.
148's formal complaint? Does the Commission wish to issue a Summons to Qwest?
~/1
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NanCY
Don Howell
Deputy Attorney General
M:Grace School District nh dh
DECISION MEMORANDUM - 5 -
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May 5,2010 iDAHO PUSL\-
, UTILITIES COMMISSiON
Brian Stutzman
Business Phone Specialists, Inc.
Box 23.76
Idaho Falls, ill 83403-2376
208-523-0006
208-523-0009 fax
b ri an~ busin essph onespeci ai i sts. com
TIN: Commission Secretary
lciahQ Ellblic ptilities Commission
POBox 83720
Boise, ID 83720-0074
Fax 208~334-3762
D~ar Commission Secretary,
I am seeking a formal complaint against Qwest Co:a:unuIDcations on behalf of Grace Joint
School District 148, Gary Brogan Superintendent, Box 347, Grace, Idaho 83241.
Attached is a letter from the district asking me to act on their behalf regarding this
specific complaint.
In November 2009 Gr4ce School District switched their local line service from Patec to
Qwest. It was motivated by lower pricing from Qwest and the district's ability to save
money.
At the time of the cut over, Qwest sent a one time spike or power surge down the line and
ruined the school's phone system. My fu:m, Business Phone Specialists, was hired to
investigate a.ndrepair or replace the school's phone system. Our technicians verified that
the line port on the phone system was blown by a line surge, and detennined, based on
the day that it stopped working, that it happened when the cutover occurred. Th~ date the
injury to the school district's property was confnmed by the district employees as well.
We found that the Panasonic equipment was not cost effective to repair. The District was
forced to buy a new phone system that normally retails for around $4000 but was
installed and billed at $1675.00 (see enclosure).
Because this was an act of "gross negligence" by Qwest we immediately contacted them
for a reimbursement to the school district. After w~ submitted our claim we were met
with weeks of silence. Finally we got a fonn letter not addressing the specific facts in the
case but rather a blanket rejection of responsibility. Icallednumerous times to Jorn
Attachment A
Decision Memorandum
5/11/10 Page 1 of 4
MRY-07-2010 12: 56 From: The Stu tzman ' s 2085288020 To: 1208334j75c:t-'age: C::"-j
Duran requesting a conference call or return calls and was met with silence. Weeks later
another form letter came. Again, we requested return calls (she never answers her phone)
and fmal I made a trip to Denver to try to meet with her in Mid ApriL Finally she left an
after hours message saying she would not investigate this case and it was closed and
refused to discuss this with us. No discussions ever occurred, despite repeated written
and oral requests from me.
The district has asked me to puxsue other means and I contacted the IPUC. Nancy was
extremely helpful but she too received the sam.e foun letter from Qwest. Qwest does not
address the merits of the case so our next option is to ask you to open a formal complaintbased upon the fol1ovnng:
1. It is clear that Qwest' s da..T..age to the school's phone equipment rose to the level
of Gross Ne!:!Ji2ence under Southern Idaho Basic Local exchange Tariff2.4.1.
2. We feel that Qwest's refusal to talk with us, meet with us, and only mail a "form
letter" after weeks of our requests violates IPUC rule 401 Part 02.
I am seeking that Qwest reimburse Grace School District # 148 the entire $1675.00 for
the phone system that was instal1ed when Qwest broke the districts old equipment.
Again, the district has req uested that I represent them on this matter so please direct ,all
correspondences to me.
" .
~you
~~L any
Enclosure: Grace School District letter of authorization, bill for new equipment
replace equipment damaged by Qwest
Attachment A
Decision Memorandum
5/11/10 Page 2 of 4
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GRACE JOINT SCHOOL DISTRICT NO. 148
O. Box 341
Grace, Idahl) 83241
Dr. GaT)' B. Brogan
Superintendent
Ph: (208) 42S-3984
BiJlit An~ Strastmso
Business Manager/Clerk
Fax; [phone]
April 27, 2010
Detn' Brian Stut7..wan:
It seems you have had some difficulty trying to get Qwest to work with you on the issue
created at our Thatcher Eiementary Schooi. i would like you to continue YOUT efforts to recoup
our costs by pursuh)g this issue with the Idaho Public Utilities Commission and or Qwest.
You have a greater undersfuriding of the process and therefore we would ask that you act on
our behalf.
superinten
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Attachment A
Decision Memorandum
5/11/10 Page 3 of 4
MAY-07-2010 12: 57 From: The Stu tzman ' s 2085288020
JoV\Duran~.N ~ 0 qbr- -Ole)
"'CO
BUSINESS PI-IONE SPECIAUSTS
To: 12I!JtU-:S4-:S (be t-'age:'V,+
INVOICE
PO Box 2376 '1 V-o. k ~.f
Idaho Falls, ID 83403
II): 523-0006 ~: 733-8700
1.-d ~ J'411- 1Ltt;
DATE INVOICE #
11124/2009 52292
I BILL TO
Thatcher Elementary
PO Box 328
Grace, 10 83241
SHIP TO
Thatcher Elementary
6007 E. Thatcher Rd.
Thatcher, ID 83283
~ ~
- . n
PAST DUE IF NOT RECEIVED BY TECH REPO. NO.TERMS
Net 15 12/9/2009 Nate/Mike Dean
DESCRlPTION QlY RATE AMOUNT
Equi pment--ll-1O-09--PER BID
Partner ACS Control Unit (3x8)
4-Partner Speakerphone Sets
UPS
200.200.
30 Days Parts and Labor Warranty
Complete Installation, Programming, and Training
BPS to rejack as needed
Equipment is refurbished
Labor--PER BID 300.300.
Fax Switch 175.175.
Total 675.
.. ...." . ,....
PAYMENTPOLICY: A 5% finance charge ($5,00 m/numum) wIll be asseSsed on aI/accountS
days past due.
Attachment A
Decision Memorandum
5/11/10 Page 4 of 4
Dee 10 2009 10: 37AM Bus i ness Phone Spec i a 1 i st 208 -523 -0009 page 2
Dr. Gary B. Brogan
Superintendent
Ph: (208) 425..3984
GRACE JOINT SCHOOL DISTRICT NO. 148
o. Box 347
Grace. Idaho 832041
Billie Ann Sirsatman
Business MaaR-aer/Clerk
F."r [phone]
P~mber 7, 2009
Qwest Chahns ServiC8$
Den,vet'~ CO
Dellf QWeftt Claims Services Representative:
On Octob.,r 23, 2009 the Orace Schon! District #148 switch providers from Paotec to Qwe~t.
After that date it WIUI dettmnined that too much amperage was o.:ing sent down the line which
~DUged l~sul!S!Ii with our phone Hystetn. More IIpec::ifically ;1 caused a line port to blow on OUtPa.nasonic Telephone Systetrl for phone 11umber [phone]. Since this system is no lonier
Rupported it WINed 'Us to pufcbaae a new phone system. Enclol$ed find the bill for $1500.for the cost o'ithe new system. The fax switch listed on the invoice was not plU1 of the originu1
system.
Because of tho damage caused by the!: high amperage we are requesting that Qwest pay for this
roploocment system. If you ha.v~ further questions please te~l free to give me a cAll.
aary Bmaan .
Superinl.endent ' -
Attachment B
Decision Memorandum
5/11/10 Page 1 of2
Phone S~eeial ist 208-523 0009Dee 10 2009 10: 37AM Bus i ness page 3
t::U J - l ' I~BUSINESS PHONE SPECIALISTS
PO Box 2376
Idaho FalIsl ID 83403
ID: 523..0006 10\1\': 733-8700
BILL TO
INVO/C
DATE INVOICE
11/24/2009 52292
Thatcher Elementary
PO Box 32B
Grace, ID 83241
SHIP TO
Thatcher Elementary
6007 E. Thatcher Rd.
Thatcher, ID 83283
O, NO.TERMS PAST DUE IF NOT RECEIVED BY TECH
Nate/Mike I
Net lS 12/9/2009
DESCRlP110N
Equlprnent..l1.10.09.-PER BID
l-partner ACS Control Unit (3x8)
4-Partner Speakerphone Sets
i-UPS
QTY RATE
200.
30 Days Parts and Labor Warranty
Complete Instalfatlon, Programming, and Training
BPS to rejack as needed
EquIpment Is refurbished
Labor--PER BID
Fax SwItch
300.
175.
Total
PA YMENT POUCY: A 5% finance charge ($5.00 mlnumumj will be assessed
on all accounts days past due.
Attachment B
Decision Memorandum
5/11/10 Page 2 of2
REP
Dean
AMOUNT
200.
300.
175.
675.
December 16, 2009
Dr. Gary Brogan
Grace Joint School District 148
PO Box 347
Grace, ID 83241-0347
RE: Thatcher Elementary School
208427-6346
Dear Dr. Brogan:
This is in response to the claim you filed with our service claims office requesting
reimbursement for the cost of a new phone system.
Qwest records show that lines at this address (208 427-6346 & 208 427-0008) are basic
business lines. They aren t designed to, or capable of carrying the amount of amperage
that it would take to ruin a phone system.
We show that we did send a technician out on November 5 2009 and he couldn t find
any trouble in the Qwest facilities, not was any unusual amperage detected on the lines.
Based on this information, your request for reimbursement of the
Business Phone Specialists ' invoice for $1500.00 is denied.
Grace Joint School District 148 is a valued Qwest customer, and I regret any
inconvenience that's occurred while resolving this matter and also that this isn t the
resolution you were hoping for.
Sincerely,
J oni L. Duran, Manager
Qwest Service Claims
Attachment C
Decision Memorandum
5/11/1 0
Dee 23 2009 9: 07AM Bus i ness Phone Spec i a 1 i st 208 -523-0009 page 2
GRACE .TOINT SCHOOL DISTRICT NO. 148
o. Box 347
Grace~ Idaho 83241
Dr. Gary B. Brogan
Superintendent
Ph: [phone]
BIllie Ann Straatman
Business ManAger JClerk
Fax: (208)42S-3809
J:)Cl:cmbC1' 22, 2009
Qwcst Chtitns Servi(;~:!1
Denver, CO
Dear Qw~!:1t Clm,h'O.8 Services Repre~e1'Ultive:
1 rl;ccived YOUT tetter of D&:&:cmbel' ',6 rejc(\tirll our claim. At thb time we ~que$t you 5'Ubmit
this to your Rupervisor for reconsideration. lb. fact hi unmddrcsscd that the damage to our
phonc system ocCUlTcd at the timt) we po,l1Cd our dial.tone seNicc from P88tec to Qwest We
had been serviced by Pactec and we", presented a money Jiving plan to "witch ttl Qwl:lt.
On the day of the QUt over your Cmtral Office mu.,t have sent down a surge (If so.me type 811d
knocked nut a CO line port on 01.U: phane eystm. There wu nO problel'1'1 with Paet~o. It
hawened at the time of your cut. There i& 110 other explanation. Our SY1JteJ.11 went down when
you c\.)t us over.o your systen'J1. Your technician wu UDI1,blc to tUrn down the a.mperage to an
IlCcoptoble level of our telepho.n~ system when he cmne out.
To r~lir that .~ystem would hove cost too In\.Ich so we had Bust"",. Phone SpeciLthsts put a
phone system ill. All we are uking is for Qwe~t tCl stand behind the probl~m that was createdhy their cutcwer.
So fart switching ('vcr to Qwe~t 1('1 save money h05 been. a very experutivc proposition for O'ijf
school distt'ict. Tht right thing seems to us, i8 for: Qwtst to C:I)VC,J: this damaac.
Sincerely,
Attachment D
Decision Memorandum
5/11/10
Feb 05 2010 10: 16AM Business Phone Special ist 208-523-0009 page
FAX COVER SHEET
Date:2/S/10
To:' JoDi L Duran
Qwest Service Claims
800-366- 2382
From:Brian Stutzman
Busine$s Phone Specialists
966 Lincoln Suite F
O. Box 1376
Idaho Falls, ID 83403-2376
208-523-0006' or 307-733-8700
Fax:[phone]
Pages:3 including cover
Subject:Thatcber Elementary
Please call me to further discuss matters.
_~~l1IIJn~
BUSINESS PHONE SPECIALISTS
Attachment E
Decision Memorandum
5/11/10 Page 1 of2
Feb 05 2010 10: 16AM Bus i ness Phone Spec i a 1 i st 208-523-0009 page 2
February 5, 2010
ATTN: Joni Duran, Manager
Qwest Service Claims
Denver, Co 80202
Dear Joni L Duran:
A few months ago Thatcher Elementary school in Thatcher, Idaho switched their
dial tone from Paetec to Qwest. At the 'exact moment of the cut over the line port
on their Panasonic office phone system blew. Because of product unavailability
we had to install an Avaya Partner system. Because we had encouraged them
to switch to Qwest we felt bad and discounted our system price considerably to
$1500,00. We told them to seek reimbursement from Qwest because the
problem was created by B line surge at the time of cutover~ They sent in a
request and your firm initially denied it.
, I don t think they made it clear that the problem occurred at the cut over due, in
our experience, to a one time surge. The school district Is awaiting payment so
they can pay us, as their account Is becoming past due.
I would be more than happy to discuss the particulars with you directly If needs
be. We both are simply asking that because switching to your service appears to
have caused this problem that awest stand behind the repair bill for damages
created.
Thank you for your att~ntion to this matter,
Brian Stutzman
President
Business Phone Specialists, Ino
Box 2376 '
Idaho Falls, ID 83403-2376
208-523-0006 Office
Attachment E
Decision Memorandum
5/11/10 Page 2 of 2
February 18 2010
Brian Stutzman
Business Phone Specialists, Inc.
PO Box 2376
Idaho Falls, ID 83403-2376
RE: Thatcher Elementary School 208 427-6346
Dear Mr. Stutzman:
In response to your request for compensation on behalf of Thatcher Elementary School
for costs incurred due to service problems on telephone numbers 208427-634 and
208 427-0008; this letter is to explain the tariffed limitation of liability governing claims
against Qwest.
As a public utility, Qwest is required to file tariffs stating the rates and conditions under
which it provides service with both the Federal Communications Commission (FCC) and
the Idaho Public Utilities Commission. Once approved by the commissions, these tariffs
become the terms of the contract for service between Qwest and its subscribers.
With regard to your request for compensation, the Southern Idaho Basic Local Exchange
Tariff 2A.1.A states: "No liability shall attach to the Company for damages arising from
errors, mistakes, omissions, interruptions, or delays ofthe Company, its agents, servants
or employees, in the course of establishing, furnishing, rearranging, moving terminating,
or changing the service or facilities (including the obtaining or furnishing of information
in respect thereof or with respect to the customers or users of the service or facilities) in
the absence of gross negligence or willful misconduct."
In compliance with the tariff, the limitation of liability, as stated above, would apply.
Should you have any information establishing gross negligence or willful misconduct by
Qwest, please forward that information to me.
I trust that this information clarifies Qwest's position in denying this claim.
Sincerely,
J oni L. Duran, Manager
Qwest Service Claims
Attachment F
Decision Memorandum
5/11/10
SOUTHERN IDAHO
Issued: 7-2005
Qwest CorporationExchange and Network
Services Catalog No.SECTION 2
Page 39
Release 1
Effective: 8-2005
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 1 , 2005
Boise, Idaho
2. GENERAL REGULATIONS - CONDITIONS 0.1" Ol"FERING
PAYMENT FOR SERVICE (Cont'
PAYMENT PLANS
Rates for service and facilities continue monthly and are payable as specified
in 2., except as modified by the following:
A. Installment Billing
1. Installment billing except as otherwise provided in this document is provided, at
no extra charge, to assist our customers in obtaining adequate and up-to-date
telephone service.
2. Installment billing provides for billing one time charges in monthly installments
where a need for it is indicated. The monthly installments nonnally begin with
the first bill rendered after completion of the arrangements between the Company
and the customer.
2.4
2.4.
LIABILITY OF THE COMPANY
SERVICE LIABILITIES
In view of the fact that the customer has exclusive control of his
communications over the facilities furnished him by the Company, and of the
other uses for which facilities may be furnished him by the Company, and
because of unavoidability of errors incident to the services and to the use
such facilities of the Company, the services and facilities furnished by the
Company are subject to the following tenns, conditions and limitations.
A. Limitations
NO LIABILITY SHALL ATTACH TO THE COMPANY FOR DAMAGES ARISING FROM
ERRORS, MISTAKES, OMISSIONS, INTERRUPTIONS, OR DELAYS OF THE COMPANY
ITS AGENTS SERVANTS OR EMPLOYEES, IN THE COURSE OF ESTABLISHING
FURNISHING, REARRANGING, MOVING, TERMINATING, OR CHANGING THE SERVICE
OR FACILITIES (INCLUDING THE OBTAINING OR FURNISHING OF INFORMATION IN
RESPECT THEREOF OR WITH RESPECT TO THE CUSTOMERS OR USERS OF THE
SERVICE OR FACILITIES) IN THE ABSENCE OF GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT.
NOTICE
THE INFORMATION CONTAINED IN THIS DOCUMENT IS SUBJECT TO CHANGE,
SID2005-020 Attachment G
Decision Memorandum
5/11/10
Qwest.
Feb 25 2010 10:35AM Bus i ness Phone Spec i a 1 i st 208 -523 -ODDS
Q2Y1dCustomer Advocacy
February 18.2010
1801 C8l1forn 18 St, 4th Floor
Denvar, CO 80202
877 440 8959 toll free
800 366 2382 toll free faxBrian Stutzman
Business Phone Specialists, Inc.
PO Box 2376
Idaho FaUs, ID 83403-2376
l.O'l ~"3-Oco" l,/'hUi.
RE: Thatcher Elementary School 208 427-6346
Dear Mr. Stutzman:
' respo~seto yaW-request for ~~peris~ti~~'on';beiialio(Thatcher ElementarySchooi'for costs incurred due to service problems on telephone numbers 208 427.634 and208427-0008; this letter is to explain the tariffed limitatjon of liability governing claims
against Qwest.
As a public utility, Qwest is required to file tariffs stating the rates and conditions under
which it provides service with both the Federal Communications Commission (FCC) and
the Idaho Public Utilities Commisslon. Once approved by the commissions, these tariffs
~~!1-1~~~p~l'~r'J Qrthe contract for service between Qwest and its subscribers.
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Witb'regartfto you~'tequest for compensation the Southern Idaho Basic Looal Exchange
Tariff:,4.1.A states: "No'1iabiHty shall attach to the Company for damages arising from
enors; mhltakes, omissions, interruptions, or delays of the Company, its agents, servants
or employc;:es, in the course of establishing, fumishirig, rearranging, moving terminating,
or changing the service or faciliUes (including the obtaining or furnishing
of infonnanonin respect thereof or with respect to the customers or users of the service or facilities) jn
~....., ~~
" the absence Df gross negligence or willful misconduct'"
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~'\~ In coropli'l1~ with ihe latiff', the liIriitation of Ii.bilit '
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d above, w~uld apply.
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~SCondua by
Sincerely,
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Joni L. Duran, Manager '
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Attachment H
Decision Memorandum
5/11/10 Page 1 of2
: "
, 1
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page
Feb 25 2010 10: 35AM Business Phone Special ist 208-523-0009
.:T()\I\ ~~ Ow rIA
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page 2
IIN:IR"' ~1AiII I
BUSINESS PHOtCE S~IAUST$
PO Box 2376
Idaho Falls, ID 83403
II): 523-0006 ~: 733-8700
INVOICE
T ~o. \c ~.e 1..d ~
....
4'21'" '14.6 DATE INVOICE #
11/24/2009 52292
BILL TO
Thatcher Elementary
PO Box 328
Grace, ID 83241
SHIP TO
Thatcher Elementa ry
6007 E. Thatcher Rd.
Thatcher, ID 83283
O. NO.TERMS
Net 15
F'AST DUE IF NOT RECEIVED BY TECH REP
12/9/2009 Nate/Mike Dean
DESCRIPTION
Equlpment--l1.10-09--PER BID
i-Partner ACS Control UnIt (3x8)
4-partner Speakerphone Sets
i-UPS
QTY RATE
200.
AMOUNT
200.
30 Days Parts and Labor Warranty
Complete Installat10n, Programming, and Training
BPS to rejack as needed
Equipment 15 refurbished
Fax Switch
300.
175.
300.Labor--PER BID
175.
Total 675.
PA YMENT POLICY: A 5% flnance'charge ($5.00 mlnumum) wIll be assessed on all accolints
days past due.
Attachment H
Decision Memorandum
5/11/10 Page 2 of 2
Mar 23 2010 10: 38AM Bus i ness Phone Spec i a 1 i st 208 -523 -0009 page
Tuesday, March 23, 2010
BPS
966 Lin()oln Suite F
Idaho Fans, ill 83401 tA IIN:
IIII! ~n IIH!UlU.\!:II~-----
BUSINESS PHONE SpeCIALISTS
J oni Duram
Qwest
1801 California Street 4th Floor
Denver; Colorado 80202
Dear Jom Duram
I have not received our anticipated check yet after my response on February 2:S~ 2010 to yourform letter of February 18 2010 regardins Thatcher Elementary School 208-427.6346.
I would like to speak to you on this matter. Please call me at 208-523-0006 and ask fOf me viacell phone if! am not in.
To review, based upon our recommendation, Thatcher Elementary svritched to Qwest Prime 36
from a local telco. They were excited to save some money and become your customer. At the
moment of the cut overs there must have been a line surge or other ,gross negligence on your endthat blew a port on their old phone system. A repair was not feasible nor cost effective and a new
phone system had to be installed. We reduced our price from a high retail to an amount that
covered our discounted costs. The invoice is enclosed.
Because GROSS NEGLIGENCE occum::d we are seeking, on behalf of the customer
remuneration for the damages that occurred at the moment they switched to qwest. This accounti:s so old it is heading toward collections. Please reimburse Thatcher or pay us directly right
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Attachment I
Decision Memorandum
5/11/10 Page 1 of2
Mar 23 2010 10: 38AM Bus i ness Phone Spec i a 1 i st 208 -523 -ODDS
J"'O\i\; Du rrx
03.. CJb(" ot () I
Fage 2~ ........ ---..
~ll,!AI..~
I!1JIIN!16: PItONi SPECIALIS,..
PO Box 2376
Idaho FaIts, ID 83403
ID: S23~OOO6 WY: 733-8700
INVOICE
,. ~Q,l, (,...er 1-d cg
...
4'21- '1Li'DATE INVOICE #
11/24/2009 , 52292
61LL TO
Thatcher Elementary
PO Box 328
Grace, 10 83241
SHIP TO
Thatcher Elementary
6007 E. Thatcher Rd.
Thatcher, ID 83283
O. NO.TERMS PAST DUE IF NOT RECEIVED BY TECH REI'
Net 15 12/9/2009 Nate/MUte Dean
DESCRIPTION
Equlpment--l1-10-09--PER BID
Partner ACS Control Unit (3x8)
4.Partner Speakerphone Sets
I-UPS
QTY RATE AMOUNT
200.200.
30 Days Parts and Labor Warranty
Complete Installation, Programming, and Training
BPS to rejack as needed
Equipment Is refurbished
Labor--PER BID 300.
Fax Switch 175.
300.
175.
Total 675.
PAYMENT POllCY: 5% finance charge ($5,00 minumum) will be assessed on all accounts
days past due.
Attachment I
Decision Memorandum
5/11110 Page 2 of 2