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Home My WebLink About20220228Response to Complaint.pdf' ,' , {':l' 'ls DLr 2. 41.i". . r -I (U i il J'Jrt Stephen R. Thomas,ISB No.2326 Hawley Troxell Ennis & Hawley LLP 877 Main Street, Suite 1000 P.O. Box 1617 Boise, ID 83701-1617 Telephone: 208.344.6000 Facsimile: 208.9 5 4.59 50 sthomas@hawleytroxell. com In rnn M.lrrnnor Rrcnmo Krlw, CourI,lrxaxr v. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION cAsE NO. QWE-T-21-[4 RESPONSE OF QWEST CORPORATTON DTBIA CENTURYLINK QC TO COMPLAINT Qwrsr Conpona,uoN D/B/A Cpnrunvl,rxx QC, RrspowpBxr RESPONSE TO COMPLAINT l. Qwest Corporation d/b/a CenturyLink QC ("CenturyLink" or "Company") provides this Response to the Complaint by Richard Keavy ("Complainant" or "Mr. Keavy") as set forth in the January 12 Summons by the Commission. CenturyLink provides this Response in accordance with the Commission's January 22,2022 ruling granting CenturyLink's request for an extension. I. BACKGROTJIID 2. The Complainant has a long history of making unsupported claims regarding his service, and he has done so in an aggressive and repetitive, if not harassing, manner. For this reason, CenturyLink wishes to discontinue providing to Complainant the service at issue. In RESPoNSE oF QwEsr coRPoRArIoN D/B|ACENTURYLTNK QC ro ".?.W_1 il]!;r1, fact, arecent small claims court decision in Ada County rejected a complaint that appears to involve the same service issues he avers in this matter, although it still remains unclear what the Complainant's allegations in this matter are precisely.r 3. The Complainant subscribes to a service called "Call Trace'o which allows a customer to dial on their phone *57 so that the Company can record the incoming call number and, if available, the identity of the caller. The service is provided subject to the terms of CenturyLink's ldaho service catalog, which defines the service: Call Trace. Allows a called party to initiate an automatic trace of the last call received. Call Trace is available on a pay per use basis only. After receiving the call which is to be traced, the customer dials a code and the traced telephone number is automatically sent to the Company for further action. The customer originating the trace will not receive the traced telephone number. The results of a trace will befurnished only to legally constituted law enforcement agencies or authorities upon proper request by them. Manual Trap and Trace is available where facilities permit.2 The Company's website outlines how the Company implements the terms of service. It states that call information that the Company collects is no, provided to customers. Rather, it is provided only to law enforcement officials in response to a subpoena: To tace a call, hang up from the call. Pick the phone back up and be sure to obtain a clear dial tone. Dial *57 and listen to the recorded information provided. The recording will not provide the calling party's phone number; it will only indicate whether or not you've had a successful trace... Once you have traced the call, contact your local Law Enforcement Agency. The trace results will only be released to a Law Enforcement Agency with a subpoena or court order."3 , It does not appear based on review of Company records that Mr. Keavy has ever contacted local law enforcement to seek to have the data from the call traces subpoenaed, or if he did those requests were rejected. It would not surprise the company if the latter were the case. Call Trace I See Exhibit l. 2 CenturyLink Idaho Catalog, Section 5.4.3.A(emphasis added).See, https://www.centurylink.com/tariffVsid_qc_ens_c_no_ I .pdf 3 See, https://www.lumen.com,/en-uVabouUlegaVtrust-center/trust-and-safety-customer-faqs.html RESPONSE OF QWEST CORPORATION D/B/A CENTURYLINK QC TO COMPLATNT - 2 40619.W29.14555853.1 is not intended to stop untoward telemarketers from making calls to a number that has been placed on the national no-call list, even if it is a non-published number. Rather, it is intended to provide law enforcement with a tool to address crimes against persons and property, such as personal threats, theft, domestic violence, and the like. To Respondent's knowledge, Mr. Keavy has not alleged that any such actual crimes have been committed in association with the unwanted calls he is receiving on his CenturyLink telephone line. And even if CenturyLink had provided call information gathered from a call tace by the Complainant to law enforcement, pursuant to a subpoena, CenturyLink's obligation would be fulfilled at that point- any further action, enforcement or otherwise, would have had to be conducted by law enforcement. II. ARGUMENT 4. The only violation of law that Mr. Keavy appears to allege would be one involving contract law, although Respondent notes that there is not sufficient detail in the written complaint to establish a cognizable claim related to contract law or of any kind - no law or facts related to an enforceable law are cited. And the Commission does not adjudicate contract disputes unrelated to its primary jurisdiction. For that reason alone, the Complaint should be dismissed. But there are other grounds for dismissal. 5. The Commission only addresses disputes between consumers and the companies it regulates based on filed tariffs for Title 61 companies, or the terms set forth in price lists or service catalogs in the case of telecommunications companies regulated under Idaho Code, Chapter 6, Title 62 (the "Telecommunications Act of 1988" or the "Act"). The Act substantially narrows the scope of the Commission's regulation of telecommunications, limiting regulation to matters related to the implementation of the federal telecommunications act of 1996 and, as it pertains to retail service, basic telephone service: RESPONSE OF QWEST CORPORATION DIBIACENTURYLINK QC TO COMPLATNT - 3 40619.0029.14555853. l The commission shall have the continuing authority to determine the noneconomic regulatory requirements relating to basic local exchanse service for all telephone corporations providing basic local exchange service including, but not limited to, such matters as service quality standards, provision of access to carriers providing message telecommunication service, filing of price lists, customer notice and customer relation rules, and billing practices and procedures, which requirements shall be technologically and competitively neutral.a 6. Call Trace service is a discretionary service that is not subject to the provisions of the Act. And the Complaint does not allege that CenturyLink has in any waybeen derelict in providing basic local exchange service. In addition, the Complaint does not allege that CenturyLink has engaged in any prohibited biiling practices, whether for basic local exchange service or the Call Trace service that appears to be Complainant's main, if not only, concern.5 Therefore, the Complainant makes no claim for which the Commission can grant relief. 7. Furthermore, Rule 401, consistent with the Section 62.605(5Xb) of the Idaho Code, does not appear to contemplate review of claims unrelated to local to exchange service: The Commission has authority to investigate and resolve complaints made by subscribers to telecommunication services that concern the 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 service or disconnection of such service. If a customer who has complained to a telephone company is dissatisfied with a telephone company's proposed disposition of the complaint, the customer may request the Commission to review informally the disputed issue and the telephone company's proposed disposition of the complaint. The Commission may consider complaints regarding any telephone sentices over which the Commission has authority. (Emphasis added). Again, the Complaint makes allegations only regarding a non-regulated service which the Company offers at its discretion, and which is not contemplated for review under Rule 401. However, even if the Complainant were to argue that the Commission should assert jurisdiction over a complaint related to the billing of a non-regulated service, he does not allege that a Idaho Code $ 62-605(5)0). 5 CenturyLink notes that Rule 201.01 appears to address billing disputes regarding "other seryices". RESPONSE OF QWEST CORPORATION DIB/A CENTURYLINK QC TO COMPLAINT - 4 406t 9.0029.1 45 5 5 853. I CenturyLink mis-billed for Call Trace. Centurylink has appropriately billed for the Complainant for those services. 8. Even if the Commission was determined to consider the Complainant's assertions regarding CenturyLink's provision of Call Trace service, the Company has provided the service consistent with the terms of service set forth in the catalog, which govern the Company-customer relationship and the provision of service. And CenturyLink advised Mr. Keavy of those terms. 9. CenturyLink has not violated any statute or rule in providing service to the Complainant, who has been making claims regarding Call Trace service since at least}Ol7, when the Ada County Small Claims Court rejected similar allegations as those made in this matter. The continuous, already rejected claims have bordered on harassment and are groundless. The Company's employees should not be subjected to the barrage of emails and phone calls, some of which are aggressive and insulting, especially given that there is no basis for the claims. IIL COMMUNICATIONSAITDCORRESPONDENCE Pleadings, orders, notices or other correspondence and communications regarding this Petition should be provided to: Stephen R. Thomas HAWLEY TROXELL ENNIS HAWLEY LLP P.O. Box 1617 877 Main Street, Suite 1000 Boise,Idaho 83701 Phone: (208) 388-4068 sthomas@hawleytroxell. com And William Hendricks Associate General Counsel Lumen Technologies 902 Wasco St, Floor I RESPONSE OF QWEST CORPORATTON DIBIA CENTURYLTNK QC TO COMPLATNT - 5 40619.0n.29.t4555853.1 Hood River, OR 97031 Phone: (541)387-9439 Email: tre.hendricks@centurvlink.com REQUEST FOR RELIEF The Complainant has failed to bring any claims that are justiciable under Idatro Code, Chapter 6, Title 62 and Commission Rule 401.01. CenturyLink has billed for the Call Trace service appropriatelS and the Complaint does not allege otherwise. The Company has provided the service consistent with the terms of service set forth in its catalog. Therefore, CenturyLink requests that the Commission: (l) Find that CenturyLink has not violated any statute or Commission rule; @ Dismiss the Complaint with prejudice on the grounds that (a) the Complainant has not stated a claim for which the Commission can grant relief, and/or (b) ttre Complaint is ba:red by the doctrine of Res Judicata; and (3) Find that Call Trace is a discretionary service that the Company is not required to continue to provide, or in the altemative, authorize CenturyLink to discontinue providing the Call Trace service to Complainant. Respectfully submitted, HAWLEY TROXELL ENNIS & HAWLEY, LLP /;/S!ephen l-Thouas By Stephen R. Thomas RESPONSE OF QWEST CORPORATTON D/B/A CENTURYLINK QC TO COMPLAINT - 6 406t9.0[,29.14555853.1 CERTIFICATE OF SERVICE I hereby certiry that I have this 28th day of Februaryr,Z022, served the foregoing RESPONSE OF QWEST CORPORATION D/B/A CENTURYLINK QC TO COMPLAINT, in Case QWE-T-21-I4,by fonrarding a copy thereof, to the following: Mr. Richard Keavy 11282 Glen Ellp Boise,Idaho 83713 (via U.S. Mail A}{D courtesy copy by email to: cheapadvice@msn.com) Taylor R. Brooks Office of the Attorney Geireral, State of Idaho Deputy Attorney General Idaho Public Utilities Commission 11331 W. ChindenBlvd. Boise,Idaho 83714 (via ernail: taylor.brooks@puc.idaho. eov ) JanNoriyuki Commission Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg. 8, Ste. 201-A Boise,Idaho 83714 (via email ian.norivuki@Jruc.idaho.eov ) William Hendricks Associate General Counsel Lume,n Technologies 902 Wasco St, Floor I Hood River, OR 97031 (via email: tre.hendricks@centurvlink.com ) /s/Stephea R-Thouas Stephen R. Thomas RESPONSE OF QWEST CORPORATTON D/B/A CENTURYLTNK QC TO COMPLAINT - 7 406t9.0029.1455 5853. r EXHIBIT 1 -l- U27n2,11:41 AM Detalls Case Information CV01-17-00230 | Richard KeaW Plaintiff, vs. Century Link Corporation Defendant. Case Number cvo1-17{0230 File Date oil46fi2017 Court Ada County Magiskab Court Case Type C -SmallClaims Judicial Offcer Manweiler, David D. Case Status Closed Active Aftorneysv Lead Attorney Rlsch, Jason Steven R€tained ParW Plaintiff Keary, Richard Debndant Century Link Corporation Disposltion Events 0313112017 Judgment- https :r/mycoutu. klaho.gov/odysseyporlalrHomcA b*spaceMode?p=0 1t5 2n7ru2,11:41Alt JudicialOffcer Cockerille, Roger E. Judgment Type Claim Denied Detaals OAIOAI2O'17 Judgment- JudicialOfficer Manweiler, David D. Judgment Type Claim Denied Comment Comment (On Trial De Novo) Events and Hearings 01lOOl20'17 New Case - Small Claims 0'1106,12017 SC Small Claims form CAO SC 1-2 0110612017 SC Summons lssued : Comment and filed 0110612017 SG Affidavit of Competence, Non-Military Service and Amt Due O1lOOl2O17 Summons- Served 01D5nO17 ht$s://mycouila.idaho. gov/odysseypodauHomerwortapaceMode?p=0 a5 2n72i2,11:41Aii 0111312017 SC Summons Retum of Service Served 0112512017 SC Answer 0112712017 Civil Notice of Hearing w Comment Conbsted Hearing A$117 @ 9:00 am 0313012017 SmallClaims Contested Heailng - JudicialOficer Cod<erille, Roger E. Hearing Time 10:30 AM Result Headng Held 0313112017 SC Small Claims Judgment - Comment ln Favor of tlre Debndant Plaintiffs Claim is Denied 0313112017 Certificate of Mailing 03131 12017 Civil Disposition Entered 0412812017 Notice of Appeal 04128n017 Notice' Comment of Reassignment (to Judge Manweiler) 0511512017 Order - Comment Setting Trial De Novo and Pre-Trial Odar 818117 at 2PM OTl21l2o17 Motion - Comment to Amand Date and Time Allotted for Trial 0712512017 Notice of Appearance 0712512017 Notice - Detalb httpe://mycourts. ldaho.gov/odysseyponalHomeryrlorlcpaceMode?p=0 3/5 2n7mr,11:41 AM Details Comment of Non-Objection 0713112017 Motion - Comment Seeking Permission to Enter into Discovery OBl01l2O17 Order - Comment Setting Trial Date - DENIED 0810312017 SC Amended Complaint SmallClaims 0810312017 Memorandum OglOBl2OlT SmallClaims Trial De Novo ' Judicial Offcer Manweiler, David D. Hearing Time 2:fi) PM Result Hearing HeH 0810812017 Court Minutes 0810812017 Judgment - Comment on Trial De Novo - ln favor of the Defendant - Plaintiffs Claim is Denied 0814812017 Civil Disposition Entered OB I OB|2O17 Exhibit LisULog 0810812017 Civil Disposition Entered 0710912018 Notice of lntentto Destroy Exhibits - Comment Clerk's Notice trltps://mycouils. idaho. govrod!/sseypofl aUHome/Wod<spaceMode?p=0 115 2f27n2,11:41 AM Financial Keavy, Richard Tota I Financial Assessment Total Payments and Credits Details Receipt # O1425-2O17-R01 Recelpt # 456L9-2O17-R01 Receipt # 784t7 -2O17-R01 $154.2s $1s4.2s LlslzotT usl20l7 uslzolT 4127l2OL7 4127l2ot7 7123120L7 7l23l2ot7 Tra nsactlon Assessme nt Transaction Assessment Case Payment Tra nsactlon Assessment Case Payment Tra nsactlon Assessment Mall Payment Keavy, Richard Keavy, Richard Keavy, Rlchard $69.00 $3.00 ($72.00) $81.00 ($81.00) $1.2s ($1.2s) https ://mycoufl s. idaho.gov/odysseypottal/FlomeMorkspaccMode?p=0 5/5