20030603Motienoro Allow Surrebuttal Testimony of Gary Neal.pdf

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JOHN GANNON (ISB #1975)
Attorney at Law
1101 West River, Suite 110
Boise, Idaho 83702
Telephone No.[phone]
Attorney for Intervenors Meierotto et al
HECEIVEO f"\n L..
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20G3 JUN -3 PM 3: 13
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UTIL iES. COt'lt.1ISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF QWEST
CORPORATION FOR PRICE
DEREGULATION OF BASIC LOCAL
EXCHANGE SERVICES
CASE NO. QWE-02-
MOTION TO ALLOW SURREBUTTAL
TESTIMONY OF GARY NEAL
COMES NOW the Interveneror Meierotto et al who hereby move and request that the
Commission permit the filing of the above referenced testimony to specifically rebut testimony
presented by Qwest witness Teitzel concerning the products of Ascendent Technology. This
company s products were first discussed in this matter by Mr. Teitzel in his Rebuttal Testimony
and Mr. Neal's surrebuttal is limited to 1 & Y2 pages and deals entirely with the cost and
availablity of this product.
MOTION TO FILE SURREBUTTAL TESTIMONY OF GARY NEAL - Page
John Gannon, State Bar No. 1975
Attorney At Law
1101 West River, Suite 110
Boise ID 83702
Phone: [phone]
Fax: [phone]
Attorneys Representing Intervenors Meierotto, et al
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR PRICE
DEREGULATION OF BASIC LOCAL
EXCHANGE SERVICES
CASE NO. QWE-02-
SURREBUTTALTESTIMONY OF
Gary Neal
on behalf of
Intervenors Meierotto, et al
June 2 2003
I. INTRODUCTION
Q: Please state your name, address, and occupation.
A. My name is Gary Neal. I am a graduate of the University of Oregon School of Law and
I have been an attorney in Boise since 1994. I have previously provided prefiled testimony in this
case.
Q: Do you wish to submit surrebuttal testimony in this case for the Commissions
consideration?
A. Yes. I would like to respond to Mr.Teitzels testimony regarding Ascendent Technology.
He seemed to imply in his testimony that they can adapt a phone system such as mine so that it can
be run on a cell phone. The literature he attached seemed unclear on that issue.
Q: What did you do in response to this testimony?
A. I reviewed page 1 of Exhibit 25 and called the number at the bottom. A man answered and
I asked to speak to Steve Apple. This is what I would normally do if I were going to investigate the
suitability of a product.
Q: Was he there?
A. Yes. In fact, he was the one who answered the phone, which surprised me. I had
expected to initially contact a receptionist or some kind of complicated automated phone system.
Q. What did you say to him?
A. Well, I told him I was the co-owner ora small law firm in Boise, Idaho and I was interested
in using cell phone technology to operate my small office telephone system.
Q. What was his response?
A. He asked how large my law firm is. I told him and he said his techonology is very
QWE-02-
June 2, 2003
NEAL SRBT
INT . MEIER
expensive and was not "scalable" for a system with fewer than 50 users of the system. He also told
me that the advantage of his system is that when users use a cell phone from remote locations, their
use can be tied into the firms billing system electronically, and then the law firm doesn t lose billable
time. He was busy and said he was interested in discussing law firm needs in general at some different
time, but the product probably wouldn t work for me.
Q. Why was he interested in further discussions then?
A. Because he wants to sell the system to large law firms. You see I noticed on the
Ascendent Web Site that they have a special page devoted to law firm applications and I mentioned
that. It is attached hereto as Exhibit 209. He said he is presently discussing the sale of his technology
with several firms with around 100 or more users.
Q. Did you ask him if any law firms are presently using his technology?
A. I can t remember if I asked him specifically, or if he brought it up. In any event, he
mentioned that at this time no law firm uses the technology sold by his firm.
QWE-02-
June 2 2003 - 2 -
NEAL SRBT 2
INT.MEIER
Ascendent Telecom, Inc.Page 1 of
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Law Firms
Lawyers spend hours on their cell phones speaking with clients, Often , systems are not
that allow project codes to be assigned to these remote calls. Ascendent technology en
remote phone calls to be routed through the PBX enabling a firm to attach project code
calls.
With Ascendent, no calls will be missed and phone tag is eliminated. Ascendent also ta
advantage of emerging VVi-Fi techrwlogy, allowing you to check em ail, voicemail, and r
from your laptop or PDA when using a Wi-Fi-enabled 'hot spot.
Click here to learn more about AscendentCS""'
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(~2003 "seer.e'en, Tro,i,2C(;mrnunications , All Rights Resel ved, Privacy Statement
EXHIBIT NO. 209
Page 1 of
QWE- T -02-
Neal SRBT
June 2, 2003
http: Ilwww. ascendenttel eCOID. com! corpl sol uti on. asp ?page= egal&subpag e= 1 e g 5/23/03
CERTIFICA TE OF SERVICE
I HEREBY CERTIFY THAT ON THE 3rd DAY OF JUNE, 2003 , I
SERVED THE FOREGOING PLEADING IN CASE NO QWE-02-25. BY MAILING
A COpy THEREOF, POSTAGE PREP AID, (UNLESS OTHERWISE INDICATED) TO
THE FOLLOWING:
(FAX [phone])
MARY S HOBSON
STOEL RIVES LLP
SUITE 1900
101 S CAPITOL BL VD
BOISE, ID 83702
CONLEY WARD
GIVENS PURSLEY LLP
277 N 6th ST, SUITE 200
PO BOX 2720
BOISE, ID 83702-2720
DEAN J MILLER
McDEVITT & MILLER LLP
PO BOX 2564
BOISE, ID 83701
(PERSONAL SERVICE)
WELDON STUTZMAN
DEPUTY ATTORNEY GENERAL
IPUC
PO BOX 83720
BOISE, ID 83720-0074
MARLIN D ARD
WILLARD L FORSYTH
HERSHNER, HUNTER, ET AL
180 E 11th AVE PO BOX 1475
EUGENE, OR 97440-1475
CERTIFICATE OF SERVICE
ADAM L SHERR
QWEST
1600 7th AVE, ROOM 3206
SEATTLE, WA 98191
CLAY R STURGIS
MOSS ADAMS LLP
601 W RIVERSIDE, SUITE 1800
SPOKANE, W A 99201-0663
BRIAN THOMAS
TIME WARNER TELECOM
223 T AYLOR AVE NORTH
SEATTLE, WA 98109
DEAN RANDALL
VERIZON NORTHWEST INe.
17933 NW EVERGREEN PKWY
BEAVERTON, OR 97006-7438