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Home My WebLink About200411221st Request for Admissions of ATT to Qwest.pdfMary York, Esq. (ISB No. 5020) HOLLAND & HART, LLP Suite 1400, U.S. Bank Plaza 101 South Capitol Boulevard Post Office Box 2527 Boise, Idaho 83701 Telephone: (208) 342-5000 Facsimile: (208) 343-8869 T. Scott Thompson, Esq. Brian M. Josef, Esq. Rita Tewari, Esq. Cole, Raywid & Braverman, LLP 1919 Pennsylvania Ave., N. Second Floor Washington, D.C. 20006 Telephone: (202) 659-9750 Meredith R. Harris, Esq. AT&T Corp. One AT&T Way Bedminster, New Jersey 07921 (908) 532-1850 Robert M. Pomeroy, Esq. (CSB No. 7640) HOLLAND & HART, LLP 8390 E. Crescent Parkway Suite 400 Greenwood Village, CO 80111-2800 Telephone: (303) 290-1600 Facsimile: (303) 290-1606 C,," r'" ' ", """ "...--" i~~~J ' , ", ,,~";.;; :: Ci"li -'. ,,-,~:;~!~~ ~~~~~~ (./J 1"7\ )"" i"V C::) c ' :1:: r ,, cn ':-:~ .:: c.~J E:J Attorneys for AT&T Corp. and AT&T Communications of the Mountain States, Inc. BEFO RE THE ID AH 0 PUBLIC UTILITIES CO MMISSI 0 N AT&T CORP., a New York Corporation; AT&T COMMUNICATIONS OF THE MOUNTAIN STATES, INC., a Colorado Corporation Complainants vs. QWEST CORPORATION, a Colorado Corporation Respondent. Case No. ATT-O4- CLAIMANTS' FIRST SET OF REQUESTS FOR ADMISSIONS TO RESPONDENT AT&T Corp. and AT&T Communications of the Mountain States, Inc., by and through their attorneys, hereby submit this First Set of Requests for Admissions (the "Requests in the above-captioned matter to Qwest Corporation ("Qwest"), as follows: DEFINITIONS The terms used herein shall have the meanings indicated in Claimants' First Set of Requests For Data and Production of Documents, which is being served concurrently herewith. II.INSTRUCTIONS Pursuant to the Scheduling Order issued in this Action by the Idaho Public Utilities Commission on November 9, 2004, each request enumerated below shall be deemed admitted unless Qwest responds to such request within 14 days. If any request cannot be answered fully, the same shall be admitted or denied to the extent possible, and, the reasons for not answering more fully shall be stated. If any request contains any matter whatsoever that Qwest can admit, that portion of the request should be admitted, and Qwest shall specify so much of it as is deemed true. Those portions of each request that cannot be admitted, if any, shall be specified and the factual reason for denial set forth with particularity. Qwest shall not give lack of information or knowledge as a reason for failure to admit or deny any request unless Qwest states that it has made a reasonable inquiry and the information known to or readily obtainable by Qwest is insufficient to enable Qwest to admit or deny the matter. CLAIMANTS' FIRST SET OF REQUESTS FOR ADMISSIONS TO RESPONDENT Page 2 III.REQUEST FOR ADMISSIONS Admit that the per foot, per year conduit occupancy rates charged to AT&T by Qwest under the conduit occupancy licenses attached to the Complaint as Exhibit 3 , and as expressed in Qwest's invoices attached to the Complaint at Exhibit 6 have not been calculated pursuant to or in conformance with the Federal Communications Commission s ("FCC") conduit rental rate formula, as expressed below and defined in 47 C.F .R. 9 1.1409( e )(3). 1 Duct NO. of Net Conduit Investment Ca Maximum Rate rry gNo. of Ducts No. of Inner Ducts Ducts System Duct Length (ft./m.Charge RateLmear ft./m. ercentag e 0 on Ult apaclty et mear ost 0 a on Ult Admit that the per foot, per year conduit occupancy rates charged to AT&T by Qwest under the conduit occupancy licenses attached to the Complaint as Exhibit 3, and as expressed in Qwest's invoices attached to the Complaint at Exhibit 6 do not comply with the FCC's conduit rental rate formula, as expressed in Request No.1 above, and defined in 47 91.1409(e)(3). Admit that the per foot, per year conduit occupancy rates charged to AT&T by Qwest under the conduit occupancy licenses attached to the Complaint as Exhibit 3 , and as expressed in Qwest's invoices attached to the Complaint at Exhibit 6 are not based on Qwest's incremental costs incurred in accommodating facilities in Qwest's conduit system. "Incremental costs" consist of those costs that Qwest would not have incurred but for Claimants' facilities occupying Qwest's conduit. Admit that the per foot, per year conduit occupancy rates charged to AT&T by Qwest under the conduit occupancy licenses attached to the Complaint as Exhibit 3 , and as expressed in Qwest's invoices attached to the Complaint at Exhibit 6 are not based on Claimants CLAIMANTS' FIRST SET OF REQUESTS FOR ADMISSIONS TO RESPONDENT Page 3 share of the fully-allocated costs of Qwest's conduit system. "Fully allocated costs" refer to the total operating expenses and capital costs of owning and maintaining conduits, and include depreciation, administrative, and maintenance expenses, taxes, and a return on investment at the authorized rate of return. Admit that the per foot, per year conduit occupancy rates charged to AT&T by Qwest under the conduit occupancy licenses attached to the Complaint as Exhibit 3 , and as expressed in Qwest's invoices attached to the Complaint at Exhibit 6 are not based on an amount between Qwest's incremental costs incurred in accommodating facilities in Qwest's conduit system and Claimants' share of the fully-allocated costs of Qwest' s conduit system. Admit that the per foot, per year conduit occupancy rates charged to AT&T by Qwest under the conduit occupancy licenses attached to the Complaint as Exhibit 3, and as expressed in Qwest's invoices attached to the Complaint at Exhibit 6 are not based on Qwest's conduit capacity, net linear cost of conduit, or carrying charges as expressed above in Request No.1 and defined in 47 C.R. 9 1.1409(e)(3). Admit that the per foot, per year conduit occupancy rates charged to AT&T by Qwest under the conduit occupancy licenses attached to the Complaint as Exhibit 3, and as expressed in Qwest's invoices attached to the Complaint at Exhibit 6 do not comply with 47 U.C. 9 224. Admit that in May 2003 , Theresa Atkins, acting on behalf of Qwest acknowledged that Qwest should be charging Claimants the rates for conduit occupancy contained in Qwest's Statement of Generally Available Terms & Conditions. CLAIMANTS' FIRST SET OF REQUESTS FOR ADMISSIONS TO RESPONDENT Page 4 Respectfully submitted, this 22nd day of November, 2004 AT&T CORP. AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES, INC. Robert M. Pomeroy, Esq. (CSB No. 7640) HOLLAND & HART, LLP 8390 E. Crescent Parkway Suite 400 Greenwood Village, CO 80111-2800 Richard Wolters, Esq. Meredith R. Harris, Esq. AT&T CORP. One AT&T Way Bedminster, New Jersey 07921 T. Scott Thompson, Esq. Brian M. Josef, Esq. Rita Tewari, Esq. COLE, RAYWID& BRAVERMAN, LLP 1919 Pennsylvania Ave., N. Second Floor Washington, D.C. 20006 CLAIMANTS' FIRST SET OF REQUESTS FOR ADMISSIONS TO RESPONDENT Page 5 CERTIFICATE OF SERVICE I hereby certify that on the 22nd day of November, 2004, an original, three (3) true and correct copies of CLAIMANT'S REQUEST FOR ADMISSIONS were delivered to: Weldon Stutzman Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83720-0074 wstutzm~puc. state. i d. us D U.S. Mail Electronic Mail Hand Delivered Overnight Mail Telecopy (Fax) D U.S. Mail Electronic Mail fIHand Delivered Overnight Mail Telecopy (Fax) Jean D. Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83720-0074 jj ewell~puc. state.id. Mary S. Hobson Stoel Rives LLP 101 S. Capitol Blvd. Suite 1900 Boise, Idaho 83702 msho bson~stoel. com D U.S. Mail Electronic Mail Hand Delivered Overnight Mail Telecopy (Fax) Curtis D. McKenzie Stoel Rives LLP 101 S. Capitol Blvd. Suite 1900 Boise, Idaho 83702 cdmckenzie~stoel. com D U.S. Mail Electronic Mail Hand Delivered Overnight Mail Telecopy (Fax) Adam L. Sherr Qwest Corporation 1600 7th Avenue - Room 3206 Seattle, W A 98191 adam.sherr~qwest.com D U.S. Mail EElectronic Mail Hand Delivered Overnight Mail Telecopy (Fax) 3306311 I,DOC CLAIMANTS' FIRST SET OF REQUESTS FOR ADMISSIONS TO RESPONDENT Page 6