20040224Letter.pdf

~~ #
GHN"E--T-O3-Z5
)t) Us lAJ-i-1l:i-zL/~ L..""9H t3~f"""""",m",'l,
SENT VIA EMAIL
February 22, 2004
Attention: Cindy Minor, Vickie Boone, Lori Lydon, and Barbara Newman
Qwest
RE:Request for Manager with Cross-Departmental Authority and
Request for Billing Corrections
I would like to thank you for the cooperation PageData has received thus far on straightening out
PageData s accounts with Qwest since Qwest's policies have changed. I believe the recent
spreadsheets that we have been passing back and forth with Cindy and Lori have clarified
positions and helped keep things on track.
Since 1998, PageData has disputed Qwest's policies that were contrary to the 1996
Telecommunications Act (Tel Act):
1) To our knowledge, PageData has not had a non-legal representative from Qwest with in-
depth knowledge of the 1996 Tel ACt and cross-departmental authority assigned to
straighten out all of PageD at a s accounts.
2) Qwest did not provide a single point of presence to CMRS carriers that Qwest considered
paging only.
3) Qwest did not deliver Qwest originated traffic to PageData at no charge.
4) Qwest did not provide CMRS carriers that it considered paging only reciprocal
compensation.
5) Qwest did not install PageData s requested single point of presence (SPOP) facilities
despite numerous requests over several years.
6) Qwest charged PageData and not the originating carrier for delivery of transit traffic.
7) Qwest restricted CMRS carriers that it considered paging only to a 20-mile local calling
area instead of the LATA as articulated in the 1996 Tel Act.
8) Qwest has not provided PageData a breakout by USOC code of the application of the
$55 000+ credits awarded by the Idaho Puc.
9) Qwest has refused to refund PageData overpayments totalling approximately $250 000.
The crux of the problems between PageData and Qwest originated when the Carrier Services
Wholesale Group violated PageData s statutory rights under the 1996 Tel Act with regard to
SPOP, reciprocal compensation and no charge for delivery of Qwest originated traffic in the
LATA.
PO Box 15509
Boise, Idaho 83715
Telephone [phone]
Facsimile [phone]
6610 Overland Road
Boise, Idaho 83709
Page 2
It was also Qwest's policy in 1995-1997 to put paging carriers in the small business group, which
PageData was originally placed in. It was only after PageData obtained legal counsel that the
decision was made by someone at Qwest to move some of PageD at a s accounts from the small
business group to the wholesale group. The frame relay and the leased lines used to transport
Qwest originated traffic were not moved to the wholesale group because of Qwest' s policy not to
provide a SPOP to CMRS carriers that it considered paging only. Qwest's policy was that paging
carriers did not terminate traffic and were restricted to the local calling area. Qwest continued to
charge PageData for services that Qwest was obligated to provide at no charge.
Qwest has since changed and brought its policies more in line with the 1996 Tel Act. With these
policy changes, Qwest has agreed to provide PageData a spar, reciprocal compensation, and no
charge for delivery of Qwest originated traffic - items that originally initiated the dispute.
However, Qwest's billing policy has not changed retroactively with the other policy changes that
Qwest has capitulated.
Through correspondence with Qwest and legal proceedings before the Idaho PUC, FCC, and
federal court, the record will show that all of these accounts have been in dispute because of
Qwest's policies towards SPOP , reciprocal compensation, and delivery of Qwest originated
traffic at no charge:
208 R55-2312 312
208 R51-0454 454
208 R51-0485 085
208-642-8000-l88B
208- D08-6826-826
6058670 (old Act # 178793)
208-1ll-1770-l17M
208-l11-177l- 7718
208-111-1769- 7698
208-373-9000-260B
208-375-9003-192B
208-375-9844-00-
208- 375-8896-00-
These accounts should have been marked formally in Qwest's billing as disputed by PageData
over five years ago.
If Qwest saw fit to change its policies to what PageData had originally been requesting in 1998 , it
would stand to reason that its billing policies would also retroactively reflect those changes in the
billing.
It is blatantly unfair to PageData to shuffle off this dispute (about functionally equivalent services
when the Carrier Services Group denied the SPOP requested by PageData) to other Qwest billing
departments associated with the above accounts. The other billing departments are under Tariff
and that is all they know. They are not familiar with the 1996 Tel Act provisions concerning
SPOP, reciprocal compensation, and delivering Qwest originated traffic at no charge. There was
no change in law. It was a change in Qwest policy.
From recent billing corrections, it is quite clear that all of the services that PageData received
from Qwest were used to provide services that Qwest was responsible to deliver to PageData at
Qwest's costs and not PageData s. PageData s billing should have always been approximately
Page 3
what it will be when the remainder of the SPOP facilities are installed in March (approximately
$230 for a DS3 and $366 in T1 mileage charges). PageData does not agree with the mileage
charges because Qwest must deliver Qwest originated traffic in the LATA to PageData s point of
interconnection (which is Boise). Qwest was charging PageData approximately $6 000 per month
to substitute for facilities and functionality that Qwest was obligated to provide to PageData at no
charge.
In Conclusion
It has been borne out by FCC, federal court rulings and even Qwest itself that PageData
original requests were in line with the 1996 Tel Act. Since Qwest has changed its policies on the
SPOP, reciprocal compensation, and not charging to deliver Qwest originated traffic in the
LATA (all terms and conditions originally requested by PageData) PageData s billing should
retroactively reflect that and be corrected. The corrections should include a spreadsheet breaking
out by USOC the $55 000 credit awarded to PageData by the Idaho PUC, so PageData can see
and understand how the credit was applied because PageData is not obligated to pay for Qwest
originated traffic. Without the involvement of a manager that has cross-departmental authority
with the background and knowledge of the 1996 Tel Act, the billing will not be corrected and
brought into compliance with the 1996 Tel Act.
Qwest was charging PageData $6 000 per month for functional equivalent facilities that
PageData now receives for $230 per month plus reciprocal compensation. PageData s requests
had not changed. The 1996 Tel Act did not change. The FCC and federal courts upheld its
interpretation and the only thing that changed was Qwest's policy. The billing departments
should retroactively reflect the change as well. The Carrier Services Group is obligated to fix the
problem through a Qwest manager that has cross-departmental authority.
Sincerely,
Isl Joseph B. McNeal
Joseph B. McNeal