20040817Affidavit of Jos Mcneal.pdf

Jim Jones (ISB #1136)
JIM JONES & ASSOCIATES
1275 Shoreline Lane
Boise, Idaho 83702-6870
Telephone: Boise [phone]
Attorney for Petitioners/Appellants
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MA TIER OF THE JOINT
PETITION OF ROBERT RYDER, d/b/a
RADIO PAGING SERVICE, JOSEPH B. )
MCNEAL, d/b/a PAGEDATA AND
INTERP AGE OF IDAHO, AND
TEL-CAR, INC., FOR DECLARATORY )
ORDER AND RECOVERY OF
OVERCHARGES FROM U.S. WEST
COM-MUNICATIONS INC.
ROBERT RYDER, d/b/a RADIO
PAGING SERVICE, et aI.
Petitioners/Appellants
vs.
ID AH 0 PUB LI C UTILITIES
COMMISSION
Respondent on Appeal
and
QWEST CORPORATION
Respondent/Respondent on
Appeal.
AFFIDA VITOF JOSEPH B. MCNEAL -
Supreme Court Docket No. 29175
IPUC Docket No. T-99-
AFFIDA VIT OF JOSEPH B. MCNEAL
STATE OF IDAHO
: ss
County of Ada
JOSEPH B. MCNEAL, being duly sworn, deposes and says:
I am one of the Petitioners and Appellants in the above-entitled matter. At all
times relevant hereto, I (or my predecessor in interest) conducted a paging business in
southern Idaho under the trade names of PageData and InterPage of Idaho. This affidavit is
made on my own personal knowledge.
Attached and incorporated as Exhibit 1 are the billings that U.S. West (now
Qwest) made to PageData for September of 1998. The outstanding balance as of that time
was $21 686.21. U.S. West issued me a letter dated November 25 1998 stating that I was
entitled to a credit in the amount of $87 388.76.The Public Utilities Commission has
determined that I was entitled to a credit in the amount of$101 950.00 for the period of time
from November 1996 through September 10, 1999 (with interest through August 1 2004).
After September 1998 U.S. West/Qwest was obligated to convert all my facilities to a single
POI with no recurring charges because they have not provided any originating call data for
transit charges. Therefore, I had a credit balance with U.S. West/Qwest during the time
period relevant to my recovery in this matter (November of 1996 through September 10
1999) and I am entitled to the full refund that the Public Utilities Commission ordered.
AFFIDAVIT OF JOSEPH B. MCNEAL - 2
SUBSCRIBED AND SWORN to before me this /7-1;(day of August, 2004.
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AFFIDA VIT OF JOSEPH B. MCNEAL - 3
CERTIFICA TE OF SERVICE
I HEREBY CERTI.FY that on this day of August, 2004, I caused to be servedtrue and correct copy of the foregoing AFFIDAVIT OF JOSEPH B. MCNEAL bydepositing the same in the United States mail, postage prepaid, in an envelope addressed tothe following:
WILLIAM J. BATT
Marshall, Batt & Fisher
O. Box 1308
Boise, ID 83701
DON HOWELL
Idaho Public Utilities Commission
472 W t WashingtonBois ID 702
AFFIDAVIT OF JOSEPH B. MCNEAL - 4
CALCULATION OF PAGEDATAACCOUNT BALANCES WITH QWEST
August 15, 2004
PageData s Account Balances with Qwest at Time Period of Single POI Request
(September 1998)
Balance CurrentAccountBill Date Forward Charges Total Due
208-111-1770-117M 09/25/98 $10 000.092.$15 093.208-111-1771-771M 09/01/98 $617.$726.343.208-111-1769-769M 09/16/98 $697.$697.394.208-356-5271- 797M 09/01/98 $196.$121.$317.208 R55-2312 312 10/20/98 $0.$420.$420.208 R51-0454 454 09/1 0/98 $0.462.462.208-336-4203-698M 09/01/98 $121.$113.$234.208-373-9000-2608 09/04/98 369.48 ($2 017.37)352.208-642-8000-1888 09/28/98 $0.($932.78)($932.78)
TOTAL $16 002.$5,684.$21 686.
Credit Amount Converting from Retail (Sm Bus Group) to Carrier Svcs
(See Owest letter dated November 25, 1998)($87,388.76)
Credit Amount Ordered by Idaho PUC ($101,950.00)
When PageData requested a Single POI in September 1998, it was awest policy not to install a Single POIfor companies they considered paging only. It was awest policy that paging carriers had to establish a POIin each of Qwest's local calling areas in the LATA. This unlawful policy caused paging carriers to have
unnecessary facilities to deliver awest traffic in the LATA. awest has since changed their company policy tocomply with the 1996 Telecommunications Act, the TSR Order and the FCC July 17, 2002 WorldCom Order.After PageData s September 1998 formal request for a single POI awest was obligated to convert PageData
facilities to a SPOP, with no recurring charges because awest has not provided any originating data for the
transit charges. The originating carrier is responsible for paying the terminating carrier.
CO NFID E NTIAL
ATTACHMENTS