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Home My WebLink About20110701Motion to Defer Deliberations.pdfMcDevitt & Miller LLP Lawyers (208) 343-7500 (208) 336-6912 (Fax) 420 West Bannock Street P.O. Box 2564-83701 Boise, Idaho 83702 Chas. F. McDevitt Dean J. (Joe) Miler July 1,2011 Via Hand Delivery c-;.ag Re: TMW- T -10-01 ~ ;0r- m i ('rn .. ~:: mÑ 0..c.(J Jean Jewell Secreta Idaho Public Utities Commssion 472 W. Washigton St. Boise, Idao 83720 Dear Ms. Jewell: Enclosed for fig in the above matter, please fid an orial and seven (1) copies of Aled Wireless Communcations Corporation's Motion to Defer Deliberations. Also enclosed for fig, please fid an origial and thee (3) copies Alled Wireless Communcations Corporation's First Production Requests to T-Mobile West Corporation. Kidly retu a fie stamped copy to me. Very Truy Yours, \SWLUP Dean J. Mier DJM/hh End Dean J. Miler (ISB No. 1968) Chas. F. McDevitt (ISB No. 835) McDEVITT & MILLER LLP 420 West Bannock Street P.O. BOX 2564-83701 Boise, Idaho 83702 Tel: 208-343-7500 Fax: 208-336-6912 joeW2mcdevitt-mier .com RECEIVED ZUI l JUl -I PM 12: 36 ORIGINAL Brooks H. Harlow Todd B. Lantor LUKAS, NACE, GUTIERRZ & SACHS, LLP 8300 Greensboro Drive, Suite 1200 McLean, Virginia 22102 Tel: 703-584-8678 Fax: 703-584-8694 bharlowW2fcclaw.com Attorneys for Alled Wireless Communications Corporation BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF T-MOBILE WEST CORPORATION FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARER PURSUANT TO 47 U.S.C. 214 (e) (2) Case No. TMW-T-IO-Ol MOTION TO DEFER DELIBERATIONS COMES NOW, the Intervenor, Alled Wireless Communications Corporation ("Alled Wireless"), by and though its attorney of record, and pursuant to IPUCRP 56 moves the Commission to defer deliberations on the merits of this matter. Alled Wireless was granted intervenor status by the Commission approximately two weeks ago.! 1 See In the Matter of the Application ofT-Mobile West Corp. for Designation as an Eligible Telecommunications Carrier, Case No. TMW-T-IO-OI, Order No. 32265 (June 16,2011). MOTION TO DEFER DELffERATIONS-l This Motion is made and based upon the grounds and for the reasons that Allied Wireless on this date has propounded wrtten discovery requests to the Applicant T- Mobile. A copy of the written discovery requests is attached hereto. As can be seen by review of the discovery requests, the information sought by the requests is relevant to the proceeding and the information requested is not yet within the Commission record. Alled Wireless wil promptly evaluate the information provided by T - Mobile in response to the discovery requests. WHEREFORE, Allied Wireless respectfully requests that the Commission defer deliberations on the merits of this matter pending completion of discover by Alled Wireless. DATED this \ day of July, 2011. MCDEVITT & MILLER, LLP Bf\\\~r~iler Attorney for Alled Wireless Communications MOTION TO DEFER DELffERATIONS-2 CERTIFICATE OF SERVICE I hereby certify that on the ~ day of July, 2011, I caused to be sered, via the methodes) indicated below, tre and correct copies of the foregoing document, upon: Jean Jewell, Secretary Idaho Public Utilties Commission 472 West Washington Street P.O. Box 83720 Boise, ID 83720-0074 i i ewellilpuc. state.id. us Hand Delivered U.S. Mail Fax Fed. Express Email ~ ~'- U ~'- U Hand Delivered ~'- U.S. Mail ~'- Fax ~'- Fed. Express ~'- Email ~ Hand Delivered ~'- U.S. Mail ~'- Fax ~'- Fed. Express ~'- Email -4 David Daggett, Esq. DAVIS WRIGHT TREMANE, LLP 1202 Third Ave., Suite 2200 Seattle, WA 98101-3045 daviddaggett(idwt.com Mark P. Trinchero, Esq. DAVIS WRIGHT TREMANE, LLP 1300 SW Fift Ave., Suite 2300 Portland, OR 97201 marktrnchero (idwt. com Teri Ohta, Esq. Senior Corporate Counsel T-Mobi1e USA, Inc. 12920 SE 38th Street Bellevue, W A 98006 terhota(itmobile.com Hand Delivered U.S. Mail Fax Fed. Express Email Cyntha A. Melilo, Esq. Givens Pursley LLP 601 N. Banock Street P.O. Box 2720 Boise, ID 83701 cam(igivenspurs1ey.com Hand Delivered U.S. Mail Fax Fed. Express Email ~'- ~'- ~'- U~ ~'- U ~'- ~'-~ BY~ C E & MILLER LLP MOTION TO DEFER DELffERATIONS -3 RECElvr=ri..~" ",.j Dean J. Miler (ISB No. 1968) Chas. F. McDevitt (ISB No. 835) McDEVITT & MILLER LLP 420 West Banock Street P.O. BOX 2564-83701 Boise, Idaho 83702 Tel: 208-343-7500 Fax: 208-336-6912 joeWlmcdevitt-mier .com iUll JUL -I PH 12= 43 Brooks H. Harlow Todd B. Lantor LUKAS, NACE, GUTIERRZ & SACHS, LLP 8300 Greensboro Drive~ Suite 1200 McLean, Virginia 22102 Tel: 703-584-8678 Fax: 703-584-8694 bharlowWlfcclaw.com Attorneys for Alled Wireless Communications Corporation BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF T -MOBILE WEST CORPORATION FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRER PURSUANT TO 47 U.S.C. §214(e)(2) Case No. TMW-T-IO-Ol FIRST PRODUCTION REQUEST OF ALLIED WIRELESS COMMUNICATIONS CORPORATION TO T-MOBILE WEST CORPORATION Alled Wireless Communications Corporation ("Allied Wireless"), by and though its attorney of record, Dean J. Miler of McDevitt & Miler, LLP, requests that T - Mobile West Corporation (T-Mobi1e) provide the following documents and information. This Production Request is to be considered as continuing and T-Mobi1e (also referred to herein as "you" or "your") is requested to provide, by way of supplementar FffST PRODUCTION REQUEST OF ALLIED WILESS COMMUNICATIONS CORPORATION TO T-MOBILE WEST CORPORATION-l responses, additional documents that it or any person acting on its behalf may later obtain that wil augment the documents produced. F or each item, please indicate the name of the person( s) preparg the answers, along with the job title of such persons) and the witness who can sponsor the answer. Please provide answers to each question, supporting workpapers that provide detail or are the source of information used in calculations. T-Mobile is reminded that responses pursuant to Commssion Rules of Procedure must include the name and phone number of the person preparng the document, and the name, location and phone number of the record holder and if different the witness who can sponsor the answer at hearng, if necessar. REQUEST NO.1: Please provide copies of all documents fied in this case with the Commssion which included a request for confidential designation or treatment. REQUEST NO.2: Please provide copies of all documents provided or shown to the Commssion staff in relation to this case. REQUEST NO.3: To the extent not included in your responses to Request Nos. 1 or 2, for each of fist two years of ETC designation, please provide a detailed formal network improvement plan demonstrating how applicant wil use support fuds (all federal support types except low-income support); together with all draft and workpapers leading to such plan. Any information in table format should also be provided in native electronic format, preferably ExceL. FIRST PRODUCTION REQUEST OF ALLIED WILESS COMMUNICATIONS CORPORATION TO T-MOBILE WEST CORPORATION-2 REQUEST NO.4: By quarter, for the end of each quarer from the first quarer of2009 though the second quarer of2011, please provide T-Mobile's counts of eligible 1ines/handsets in service in each ILEC wire center included in your application in this case, with dis aggregated per-line support, and in each ILEC study area where support is averaged, by residence, single-line business, and multi-line business categories. If any ILEC has dis aggregated its support below the wire center level, the counts should also be provided by zone. The response should be provided in native electronic formats, preferably ExceL. REQUEST NO.5: Please provide T-Mobile's forecast of support amount, by type other than low-income, and by ILEC service area, that the applicant expects to receive in the first two years of designation, as well as an explanation of how the forecast was derived; together with all workpapers and calculations showing how the estimates were prepared. The response should be provided in native electronic formats, preferably ExceL. REQUEST NO.6: Please provide detailed information for each T -Mobile project that wil use universal serice support fuds, including: A. The description and purose of the project, its physica11ocation, the ILEC servng that area, and whether the project is a collocation site. B. The star date and completion data (by quarer). C. The amount of support money allocated to the project, in total and broken down by investment and expense tyes. FIRST PRODUCTION REQUEST OF ALLIED WILESS COMMUNICATIONS CORPORATION TO T-MOBILE WEST CORPORATION-3 D. The amount of company's own funds that wil be used for each supported project E. A brief explanation of why the carer would not make these improvements without the availability of support fuding. F. Quantification of resulting servce improvements by type (increased coverage, signal strength, capacity, etc.), population benefited, and geographic area benefited (shown on map(s)). REQUEST NO.7: Please provide electronic copies in native formats maps of T-Mobi1e's curent coverage in Idaho. Without limitation, each map should include separately all layers. If multiple formats are available, please provide in all available formats. REQUEST NO.8: Please provide electronic copies in native formats of T- Mobile's coverage maps showig the projected coverage upon conclusion of the USF- fuded projects identified in your responses. Without limitation, each map should include separately all layers. If multiple formats are available please provide in all available formats. REQUEST NO.9: Please provide a table of the latitudes and longitudes of each proposed new cell site identified in T -Mobile's Network Improvement Plans. If available, in addition to a paper copy, please provide the table in Excel (or Word) format with the site name and degrees, minutes, and seconds for both latitude and longitude in separate columns. FIRST PRODUCTION REQUEST OF ALLIED WILESS COMMUNICATIONS CORPORATION TO T-MOBILE WEST CORPORATION-4 REQUEST NO. 10: Please provide a table of the latitudes and longitudes of each existing cell site ofT-Mobile or any cell site curently under constrction in Idaho. For cell sites added with the last five years, please include the in-servce or acquisition date. For cell sites added since 2009, please include the start of constrction date and the in-service date. For cell sites under constrction, please provide the star of constrction date. If available, in addition to a paper copy, please provide the table in Excel (or Word) format with the site name and degrees, minutes, and seconds for both latitude and longitude in separate columns. REQUEST NO. 11: For all Idaho T-Mobi1e cell sites completed since July 1, 2010, or curently under constrction, or in any stages of planing (including any planing that may be contingent on any occurence, such as ETC designation), please state by site whether any site acquisition or prelimiar engineering work has been planed, authorized, or done for the site. If so, please produce all documents reflecting such work, authorization, or planng. REQUEST NO. 12: Does T -Mobile have any maps or lists of current AT&T, Cingu1ar, or Edge cell sites in Idaho? If so, please provide the most precise information available, such as a table of the latitudes and longitudes or maps in native electronic format. If available, in addition to a paper copy, please provide the table in Excel (or Word) format with the site name and degrees, minutes, and seconds for both latitude and longitude in separate columns. FIRST PRODUCTION REQUEST OF ALLIED WILESS COMMUNICATIONS CORPORATION TO T-MOBILE WEST CORPORATION-5 REQUEST NO. 13: Does T -Mobile have any maps detailing the coverage of AT &T, Cingu1ar, or Edge cell sites in Idaho? If so, please provide the most precise coverage information available, such as maps in native electronic formats. REQUEST NO. 14: Please produce copies of any reports, memos, correspondence, or other documents relating to T-Mobi1e's ETC applications and provided to a T-Mobi1e Board or board commttee, T-Mobi1e officers, or T-Mobile's parent or affiliate corporations; including, without limiting the foregoing, any discussion of possible relinquishment of support in relation to the proposed merger with AT&T. REQUEST NO. 15: Please provide copies of all T -Mobile capital expenditue budgets for Idaho prepared since 2009. REQUEST NO. 16: Has T -Mobile prepared alternative capital expenditure budgets for Idaho that are contingent on receipt of Federal Universal Service fuding? If so please provide them. REQUEST NO. 17: With regard to states where T-Mobi1e has been designated an ETC: a. When was T-Mobile's ETC designation effective? b. How many Lifeline subscribers does T -Mobile have? FIRST PRODUCTION REQUEST OF ALLIED WILESS COMMUNICATIONS CORPORATION TO T-MOBILE WEST CORPORATION-6 REQUEST NO. 18: Why did T -Mobile relinquish its ETC designations in Tennessee and Virginia? REQUEST NO. 19: Please admit that Philipp Hum, CEO T -Mobile USA, Inc., gave the following testimony before a Subcommttee of the Senate Judiciar Commttee in May, 2011: "As data usage continues to explode, spectrm is becoming a constraint to our,business, with T-Mobi1e facing spectr exhaust over the next couple of years in a number of signficant markets. Moreover, our spectrm holdings will not allow us to launch LTE. T-Mobi1e also lacks the low band spectrm that would enable it to offer nationwide deep in-building coverage, paricularly to reach homes in suburbs and in rual areas." REQUEST NO. 20: With regard to your "Response" filed with the Commission on June 23,2011, on page 2, that "T -Mobile wil remain the designated ETC legal entity" followig the merger, please describe in detail the post-merger corporate strctue, provide and organization chart, detail all changes in control (direct or indirect) of"T- Mobile" that mayor wil occur after the merger as a result of changed ownership or corporate strctue, and provide copies of relevant documents, including merger agreements. REQUEST NO. 21: With regard to your "Response" fied with the Commission on June 23,2011, at page 6, that Protesters are motivated by their "fiancial interests" and "profits," please state whether or not T -Mobile is motivated by financial interests and FIRST PRODUCTION REQUEST OF ALLIED WILESS COMMUNICATIONS CORPORATION TO T-MOBILE WEST CORPORATION-7 profits and explain your answers. Additionally, please provide all documents relating to fiancial analyses of the impacts of grant or denial ofT-Mobile's ETC application in Idaho. REQUEST NO. 22: With regard to your "Response" filed with the Commission on June 23,2011, begining at page 9, regarding Idaho's possible loss of relinquished support resulting from the AT&T merger and "T-Mobi1e's plans," please detail all facts or knowledge you possess regarding AT&T's plans for ETC status and Federal USF support after or in relation to the proposed merger. Please provide all documents that support or relate to your answer. REQUEST NO. 23: With regard to your "Response" filed with the Commission on June 23, 2011, and the discussion of the Texas case beginning on page 11, please provide unredacted copies of all motions and briefs fied by any par in the Texas PUC case. REQUEST NO. 24: With regard to your "Response" filed with the Commission on June 23,2011, and the discussion of Mr. Stephenson's Congressional testimony begining at page 14, please explain in detail whether and, if so, how AT&T could or would complete the LTE build out under discussion without concurrently making voice coverage available to same areas as the LTE coverage. Please provide all documents supporting or relating to your answer. FffST PRODUCTION REQUEST OF ALLIED WIELESS COMMUNICATIONS CORPORATION TO T-MOBILE WEST CORPORATION-8 DATED this 1 st day of July, 201 1. MCDEVITT & MILLER, LLP BYDlWL Dean J. Miler Attorney for Alled Wireless Communications FIST PRODUCTION REQUEST OF ALLIED WILESS COMMNICATIONS CORPORATION TO T -MOBILE WEST CORPORATION-9 CERTIFICATE OF SERVICE I hereby certify that on the ~ day of July, 2011, I caused to be served, via the methodes) indicated below, tre and correct copies of the foregoing document, upon: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise,ID 83720-0074 jj ewell(iuc. state. id. us Hand Delivered U.S. Mail Fax Fed. Express Email ~ ~'- ~'- ~'- ~'- David Daggett, Esq. DAVIS WRIGHT TREMANE, LLP 1202 Third Ave., Suite 2200 Seattle, WA 98101-3045 daviddaggett(idwt.com Hand Delivered ~'- U.S. Mail ~'- Fax ~'- Fed. Express ~'- Email ¡d Cynthia A. Melilo, Esq. Givens Pursley LLP 601 N. Banock Street P.O. Box 2720 Boise,ID 83701 cam(igivenspursley.com Hand Delivered ~'- U.S. Mail ~'- Fax ~'- Fed. Express ~'- Email p Hand Delivered ~'- U.S. Mail ~'- Fax ~'- Fed. Express ~'- Email .4 Hand Delivered ~'- U.S. Mail ~'- Fax ~'- Fed. Express ~'- Email J4 Mark P. Trichero, Esq. DAVIS WRIGHT TREMANE, LLP 1300 SW Fifth Ave., Suite 2300 Portand, OR 97201 marktrnchero(idwt.com Teri Ohta, Esq. Senior Corporate Counsel T -Mobile USA, Inc. 12920 SE 38th Street Bellevue, W A 98006 teriotaCitmobi1e.com BY: J~ McDEvm & ÌLLER LLP FIST PRODUCTION REQUEST OF ALLIED WIELESS COMMUNICATIONS CORPORATION TO T-MOBILE WEST CORPORATION-I0