20041124Complainants Response to Qwest Reqest to AT&T Nos. 23-27(Part 1).pdf

Mary York,Esq.(ISB No.5020)Robert M.Pomeroy,Esq.(CSB No.7640)HOLLAND &HART,LLP HOLLAND &HART,LLP
Suite 1400,U.S.Bank Plaza 8390 E.Crescent Parkway
101 South Capitol Boulevard Suite 400
Post Office Box 2527 Greenwood Village,CO 80111-2800
Boise,Idaho 83701 Telephone:[phone]
Telephone:[phone] Facsimile:[phone]
Facsimile:[phone]
T.Scott Thompson,Esq Idaho Public Utilitige CommisslonBnanM.Josef,Esq·Office of the SecretaryRitaTewari,Esq.A é CE I VED
Cole,Raywid &Braverman,LLP gy 2 14 2001¡1919 PennsylvaniaAve.,N.W.
Second Floor Boise,IdahoWashington,D.C.20006
Telephone:[phone]
Meredith R.Harris,Esq.
AT&T Corp.
One AT&T Way
Bedminster,New Jersey 07921
[phone]
Attorneys for AT&T Corp.and AT&T
Communications of the Mountain States,Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
AT&T CORP.,a New York Corporation;)AT&T COMMUNICATIONS OF THE )MOUNTAIN STATES,INC.,a Colorado )Corporation,)Case No.ATT-T-04-1
Complainants,)
vs.)COMPLAINANTS'RESPONSE TO
)QWEST'S FIRST SET OFQWESTCORPORATION,a Colorado )INTERROGATORIES ANDCorporation,)REQUESTS FOR PRODUCTION OF
)DOCUMENTS TO AT&T CORP.,AND
Respondent.)AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.
AT&T Corp.and AT&T Communications of the Mountain States,Inc.,by and through
their attorneys and pursuant to the Idaho Rules of Civil Procedure and the Rules of Procedure of
the Idaho Public Utilities Commission,hereby submit this Response to Qwest Corporation's
First Set ofInterrogatoriesand Requests for Production of Documents to AT&T Corp.,and
AT&T Communications of the Mountain States,Inc.("Qwest's First Data Request")in the
above-captionedmatter,as follows:
I.GENERAL OBJECTIONS
1.Claimants object to each Request to the extent it requires Claimants to provide
information not within their possession,custody or control.
2.Claimants object to any Requests that call for information not within their present
knowledge or which seek to require Claimants to offer a narrative of their case.
3.Claimants object to the Requests to the extent that they are unreasonably
cumulative or duplicative and to the extent that the information requested is already within the
possession,custody or control of Qwest,or is otherwise obtainable from some other source that
is more convenient,less burdensome,or less expensive.
4.Claimants object to the Requests to the extent that they seek discovery of
information that is not relevant to any claim or defense raised by Claimants or Qwest and/or
where the burden or expense of the proposed discovery would outweigh any benefit to Qwest of
the discovery.
5.Claimants object to the Requests to the extent that they seek discovery of pure
legal conclusions or contention without any application to specific facts.Further,to the extent
that any Request seeks discovery of Claimants'legal contentions in relation to specific facts,
Claimants object to the Request as being premature.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 2
6.Claimants object to the Requests to the extent that they seek the discovery or
production of information or documents that are a matter of public record or that are publicly
available.
7.Claimants object to the Requeststo the extent that they seek discovery or production
of information or documents for the purpose of identifying claims Qwest has not previously identified.
8.The foregoing General Objections are hereby incorporated into each of the
numbered answers to the Requests and each Request is answered subject to and without waiver
of these General Objections.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 3
II.RESPONSES TO INTERROGATORIES
INTERROGATORY NO 1(a):The followingdocuments attached to the Complaint make
reference to an entity referred to as "The American Telephone and Telegraph Company":(a)Cover
page to General License Agreement dated May 28,1988 (Exhibit 2,page 1);(b)signature page to
General License Agreement dated May 28,1988 (Exhibit,page 15)[sic];(c)various documents
entitled "Conduit System Occupancy License"or "Application for Conduit System Occupancy
License"that are included in Exhibit 3 of the Complaint.With regard to the references to "The
American Telephone and Telegraph Company"in these documents:
Are all of the referencesto "The American Telephone and Telegraph Company"to the same
corporate entity?If so,state the date that entity was incorporated,whether it still exists,and if it still
exists state its current name.
Claimants'Response:Claimants object to this interrogatory because it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that this
request seeks information that is already fully within the possession of Qwest and is therefore
imposed solely for the purpose of harassment.Subject to and without waiving the foregoing
objections,the references to "The American Telephoneand Telegraph Company"on the
documents that are actually contained in Exhibits 2 and 3 of the Complaint are to the same
corporate entity.The American Telephoneand Telegraph Company was incorporated on March
3,1885.For information concerning The American Telephoneand Telegraph Company's
existence,see Claimants'Responses to Qwest Interrogatory Nos.2 -2(c),infra.
Objection and answer prepared on November 23,2004 by Brian M.Josef,Esq.
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THEMOUNTAINSTATES,INC.Page 4
INTERROGATORY NO 1(b):If the referencesto The American Telephone &Telegraph
Company in the documents attached to exhibits 2 and 3 are to more than one corporate entity,
describe each corporate entity referred to in the documents,including the date of incorporation of
each corporation,whether each entity still exists and,if so,under
what name or names.
Claimants'Response:Claimants object to this interrogatory because it is overly broad
to the extent that it seeks information that is not relevant to the claims or defenses in the
proceeding and not reasonably calculated to lead to the discovery of admissible evidence.In
addition,Claimants object that this request seeks information that is already fully within the
possession of Qwest and is therefore imposed solely for the purpose of harassment.Subject to
and without waiving the foregoing objections,Claimants state that the references to "The
American Telephone &Telegraph Company"in the documents that are actually attached to
Exhibits 2 and 3 of Claimants'Complaint are to the same corporate entity.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 5
INTERROGATORY NO.2:Does the corporate entity known as "The American
Telephone and Telegraph Company"still exist under that name?
Claimants'Response:Claimants object to this interrogatory on the grounds that it
seeks information that is not relevant to the claims or defenses in the proceeding and not
reasonably calculated to lead to the discovery of admissible evidence.In addition,
Claimants object that this request seeks information that is already fully within the
possession of Qwest and is therefore imposed solely for the purpose of harassment.Subject
to and without waiving the foregoing objections,Claimants state that the corporate entity
known as "The American Telephone and Telegraph Company"does not presently exist
under that name.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 6
INTERROGATORY NO.2(a):If the corporate entity ceased to exist,state the date upon which
it ceased to exist?
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevantto the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.Claimants further object that this
request seeks information that is already fully within the possession of Qwest and is therefore
imposed solely for the purpose of harassment.Subject to and without waiving the foregoing
objections,Claimants state that,on April 20,1994,the "American Telephone and Telegraph
Company"formally amended its Certificate of Incorporation with the State of New York,
changing its name to "AT&T Corp."
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 7
INTERROGATORY NO.2(b):Does the corporate entity known as "The American Telephone
and Telegraph Company"still exist under another name?
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that this
request seeks information that is already fully within the possession of Qwest and is therefore
imposed solely for the purpose of harassment.Subject to and without waiving the foregoing
objections,Claimants state that,on April 20,1994,the "American Telephone and Telegraph
Company"formally amended its Certificate of Incorporation with the State of New York,
changing its name to "AT&T Corp."AT&T Corp.is still in existence.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 8
INTERROGATORY NO.2(c):Ifthe name of the corporate entity was changed,state (1)the
date upon which the name change was made effective,and (2)the new name of the
corporate entity following the name change.
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that this
request seeks information that is already fully within the possession of Qwest and is therefore
imposed solely for the purpose of harassment.Subject to and without waiving the foregoing
objections,see supra Claimants'response to Qwest Interrogatory No.2(b).A copy of the
amendment to the American Telephoneand Telegraph Company's Certificate of Incorporation is
attached hereto as Exhibit 1.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 9
INTERROGATORY NO.2(d):If the response to (b)is that the name of the corporation
changed,has that corporation (the entity that changed its name)undergone any other subsequent
name changes or other corporate mergers or spinoffs since the time of the name change?If so,please
describe each such name change and/or corporate merger or
spinoff.
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that this
request seeks information that is already fully within the possession of Qwest and is therefore
imposed solely for the purpose of harassment.Finally,Claimants object that the request is
overlybroad and vague.Subsequent to the 1994 name change,AT&T Corp.has undertaken
various acts which may fall within the scope of this request,but which are whollyunrelated to
any issue in this case.Generally,AT&T Corp.'s actions,such as corporate spinoffs,are public
information that is generally available to Qwest.Absent further clarification,Claimants cannot
meaningfullyrespond.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THEMOUNTAINSTATES,INC.Page 10
REQUEST FOR PRODUCTION NO.1:Referring to your response to InterrogatoryNo.2(a),
provide any documentation of the action by which the entity ceased to exist.
Claimants'Response:Subject to and without waiving their objections stated in response to
InterrogatoryNo.2(a),Claimants note that the American Telephone and Telegraph Company
changed its name,as described in responseto Interrogatory2(a).In addition,subject to and without
waiving their objections,a copy of the amendment to the American Telephone and Telegraph
Company's Certificate of Incorporation is attached hereto as Exhibit 1.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 11
REQUESTFOR PRODUCTION NO.2:Referring to your response to Interrogatory No.2(c)
provide all documentation that reflects any corporate name change.
Claimants'Response:Subject to and without waiving Claimants'objections stated in
response to InterrogatoryNo.2(c),a copy of the amendment to the American Telephone and
Telegraph Company's Certificate of Incorporation is attached hereto as Exhibit 1.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 12
REQUESTFOR PRODUCTION NO.3:Referring to your response to Interrogatory No.2(d),
provide documentation of all subsequent name changes and/or corporate mergers or spinoffs.
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that this
request seeks information that is already fully within the possession of Qwest and is therefore
imposed solely for the purpose of harassment.Finally,Claimants object that the request is
overlybroad and vague.Subject to and without waiving the foregoing objections,Claimants direct
Qwest to their response to Qwest InterrogatoryNo.2(d).
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 13
INTERROGATORY NO.3:Given the fact that most of the documents attached to the
Complaint refer to The American Telephone and Telegraph Company,please explain why that legal
entity is not participatingin this docket under that name.
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that this
request seeks information that is already fully within the possession of Qwest and is therefore
imposed solely for the purpose of harassment.Subject to and without waiving the foregoing
objections,on April 20,1994,the "American Telephone and Telegraph Company"formally
amended its Certificate of Incorporation with the State of New York,changing its name to
"AT&T Corp."Thus,"The American Telephone and Telegraph Company"is not participating
in this docket under that name.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 14
INTERROGATORY NO.4:Describe the relationship between "The American Telephone and
Telegraph Company"and the Complainant "AT&T Corp."To the extent not described in the
responseto InterrogatoryNo.2,explain in detail the corporate changes by which "The American
Telephone and Telegraph Company"became "AT&T Corp."(ifit did).Please include the date or
dates of such changes and the state in which such changeswere made effective.
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that this
request is cumulative.Claimants also object that this request seeks information that is already
fully within the possession of Qwest and is therefore imposed solely for the purpose of
harassment.Subject to and without waiving the foregoingobjections,Claimants direct Qwest to
their Response to Interrogatory Nos.2 -2(d),supra.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 15
REQUESTFOR PRODUCTION NO.4:Referring to your responseto Interrogatory No.4,
provide all documents that memorialize the transformation from "The American Telephone and
Telegraph Company"into "AT&T Corp."
Claimants'Response:Subject to and without waiving Claimants'objections stated in
response to InterrogatoryNo.4,a copy of the amendment to the American Telephone and
Telegraph Company's Certificate of Incorporation is attached hereto as Exhibit 1.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 16
INTERROGATORY NO.5:Describe the relationship between "The American
Telephone and Telegraph Company"and the Complainant "AT&T Communications ofthe Mountain
States,Inc."
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that this
request seeks information that is already fully within the possession of Qwest and is therefore
imposed solely for the purpose of harassment.Subject to and without waiving the foregoing
objections,the relationship between "The American Telephoneand TelegraphCompany"and
"AT&T Communications of the Mountain States,Inc."is correct as previously described by
Qwest Corp.in its Complaint in Qwest Corporation v.A T&T Corp.,Civ.Action No.04-CV-909,
¶6 (D.Colo.filed May 5,2004).However,the services provided by AT&T Communications
of the Mountain States,Inc.are not fully,and therefore accurately,described.
In its Complaint in that proceeding,Qwest alleges "Defendants AT&T Communications,
Inc.,AT&T Communications of the Pacific Northwest,Inc.,AT&T Communications of the
Midwest,Inc.,AT&T Communications of the Mountain States,Inc.,and AT&T
Communications of the Southwest,Inc.,are whollyowned subsidiaries of AT&T Corp.These
operating subsidiaries provide long-distance services on behalf of AT&T Corp."See Qwest
Corporation v.A T&T Corp.,Complaint,Civ.Action No.04-CV-909,¶6 (D.Colo.filed May 5,
2004).As described supra in Claimants'Response to Qwest Data Request No.2(b),on April 20,
1994,the "American Telephone and Telegraph Company"formally amended its Certificate of
Incorporation with the State of New York,changing its name to "AT&T Corp."AT&T
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 17
Communications of the Mountain States,Inc.has received certification from the Idaho Public
Utilities Commission to provide long distance and local exchange telecommunication services in
Idaho.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 18
INTERROGATORY NO.6(a):With regard to the Complainant "AT&T Corp.":When was
it incorporated and in which state?
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.Claimants object that this request is
unreasonablyduplicative.In addition,Claimants object that this request seeks information that
is already fully within the possession of Qwest and is therefore imposed solely for the purpose of
harassment.Subject to and without waiving the foregoing objections,Claimants direct Qwest to
their Responses to Qwest Interrogatory Nos.1(a),2 -2(d)and 5.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 19
INTERROGATORY NO.6(b):Where is [AT&T Corp.'s]corporate headquarters?To the
extent the headquarters location has changed since its incorporation,state the address of each
headquarters location and the time period that location served as headquarters.
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and is not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that the
request is undulyburdensome in seeking information concerning changes in headquarters
locations and time periods corresponding thereto,without limitation.Claimants further object
that this request seeks information that is already fully within the possession of Qwest and is
therefore imposed solely for the purpose of harassment.Subject to and without waiving the
foregoing objections,AT&T Corp.'s corporate headquarters are located at One AT&T Way,
Bedminster,New Jersey 07921.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THEMOUNTAINSTATES,INC.Page 20
INTERROGATORY NO.6(c):In which states does [AT&T Corp.]provide
telecommunications services directly to customers?
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevantto the claims or defenses in the proceeding and is not reasonably
calculated to lead to the discovery of admissible evidence.In addition,the request is ultimately
ambiguous,as it is unclear what is meant by "directly provide telecommunications services...."
(i.e.,is the question whether AT&T Corp.serves end user subscribers?or is it whether it
provides telecommunications services through an affiliate?).Claimants further object to this
interrogatory to the extent that it seeks information concerning the provision of
telecommunications services outside of the State of Idaho.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 21
INTERROGATORY NO.6(d):Provide a list of [AT&TCorp.'s]officers and board of
directors,includingtheir positions and addresses.
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevantto the claims or defenses in the proceedingand not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that this
request seeks information that is already fully within the possession of Qwest and is therefore
imposed solely for the purpose of harassment.Subject to and not withstanding its objections,the
bulk of the requested information is publicly available at www.att.com.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 22
INTERROGATORY NO.6(e):Is [AT&T Corp.]a publicly held company or is it owned by
an affiliated company?If neither,describe the manner in which it is owned.
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that this
request seeks information that is already fully within the possession of Qwest and is therefore
imposed solely for the purpose of harassment.Subject to and without waiving the foregoing
objections,Claimants state that AT&T Corp.is a publicly held company.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 23
INTERROGATORY NO.6(f):If [AT&T Corp.]is owned by an affiliated company,identify
the company that owns it currently and identify the companies that have owned it since its formation
(including an identification of the time periods during which it was owned by each affiliated
company).
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that this
request seeks information that is already fully within the possession of Qwest and is therefore
imposed solely for the purpose of harassment.Subject to and without waiving the foregoing
objections,Claimants direct Qwest to their Response to InterrogatoryNo.6(e),supra.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 24
INTERROGATORY NO.6(g):Does [AT&T Corp.]currently maintain any employees in
New York,New Jersey,or Georgia?If so,identify how many employees and describe their job
functions.
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to substantial issues in the proceeding and is not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that the
request is vague,ambiguous,overlybroad and undulyburdensome in seeking information
concerning thousands of employees and descriptions of their individual job functions and in
states outside of Idaho.Subject to and without waiving the foregoing objections,Claimants state
that AT&T Corp.currentlymaintains employees in New York,New Jersey,and Georgia,among
numerous other states.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 25
INTERROGATORY NO.6(h):Has [AT&T Corp.]maintained employees in New York,New
Jersey,or Georgia in the past?If so,what types ofjob functions has it maintained for employees in
those states?
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to substantial issues in the proceeding and is not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that the
request is vague,ambiguous,overlybroad and undulyburdensome in seeking information
concerning thousands of employees and descriptions of their individual job functions and in
states outside of Idaho.Subject to and without waiving the foregoing objections,Claimants state
that AT&T Corp.has maintained employees in New York,New Jersey,and Georgia,and
numerous other states in the past.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 26
INTE RRO GA TORY NO.6(i):Does [AT&T Corp.]maintain employees at 55 Corporate DR
RM 21C70,Bridgewater,NJ 08807?If so,what functions do those employees fulfill at that
location?Ifnot,which AT&T entitymaintains employees at that location?
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to substantial issues in the proceeding and is not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that the
request is and vague,ambiguous,overlybroad and undulyburdensome in seeking information
concerning numerous employees and descriptions of their individual job functions and in states
outside of Idaho.Subject to and without waiving the foregoing objections,Claimants maintain
offices for the Global Real Estate Lease Administration department at 55 Corporate DR RM
21C70,Bridgewater,NJ 08807.As explained infra in Claimants'response to Qwest
InterrogatoryNo.11,the Global Real Estate Lease Administration is a department of AT&T
Corp.that handles leases and payments for leases entered into by AT&T Corp.and its
subsidiaries.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 27
REQUESTFOR PRODUCTION NO.5:Referring to your responseto InterrogatoryNo.6(a)
provide the documentation that reflects the formation of "AT&T Corp."
Claimants'Response:Subject to and without waiving Claimants'objections stated in
response to InterrogatoryNo.6(a),a copy of the amendment to the American Telephone and
Telegraph Company's Certificate of Incorporation is attached hereto as Exhibit 1.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 28
INTERROGATORY NO.7(a):With regard to the Complainant "AT&T Communications of
the Mountain States,Inc.":When was it incorporated and in which state?
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to substantial issues in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that this
request seeks information that is already fully within the possession of Qwest and is therefore
imposed solely for the purpose of harassment.Subject to and without waiving the foregoing
objections,AT&T Communications of the Mountain States,Inc.was incorporated on September
21,1983 in the State of Colorado.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 29
INTERROGATORY NO.7(b):Where is [AT&T Communications of the Mountain States,
Inc.'s]corporate headquarters?To the extent the headquarters location has changed since its
incorporation,state the address of each headquarters location and the time period that location
served as headquarters.
Claimants'Response:Claimants object to this interrogatory on the grounds that it is
overly broad to the extent that it seeks information that is not relevant to substantial issues in the
proceeding and undulyburdensome in seeking information concerning changes in headquarters
locations and time periods corresponding thereto,without limitation.Claimants further object
that this information is not reasonably calculated to lead to the discovery of admissible evidence.
Subject to and without waiving the foregoing objections,Claimants state that AT&T
Communications ofthe Mountain States,Inc.'s corporate headquarters is located at One AT&T
Way,Bedminster,New Jersey 07921.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 30
INTERROGATORY NO.7(c):In which states does [AT&T Communications of the Mountain
States,Inc.]provide telecommunications services directlyto customers?
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to substantial issues in the proceeding and is not reasonably
calculated to lead to the discovery of admissible evidence.In addition,Claimants object that the
request is undulyburdensome in seeking information concerning telecommunications services
provided outside the State of Idaho.Subject to and without waiving the foregoing objections,
AT&T Communications of the Mountain States,Inc.provides telecommunications services
directlyto customers in Arizona,Colorado,Idaho,Montana,New Mexico,Utah and Wyoming.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 31
INTERROGATORY NO.7(d):Provide a list of [AT&T Communications of the Mountain
States,Inc.'s]officers and board of directors,including.theirpositions and addresses.
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 32
INTERROGATORY NO.7(e):Is [AT&T Communications of the Mountain States,Inc.]a
publicly held company or is it owned by an affiliated company?If neither,describe the manner
in which it is owned.
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.Subject to and without waiving the
foregoing objections,AT&T Communications of the Mountain States,Inc.is a wholly-owned
subsidiary of AT&T Corp.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 33
INTERROGATORY NO.7(f):If [AT&T Communications of the Mountain States,Inc.]is
owned by an affiliated company,identify the company that owns it currentlyand identify the
companies that have owned it since its formation (includingan identification of the time periods
during which it was owned by each affiliated company).
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to substantial issues in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.Subject to and without waiving the
foregoing objections,AT&T Communications of the Mountain States,Inc.is a wholly-owned
subsidiary of AT&T Corp.,as explained in Interrogatories 10 and 24,supra.AT&T
Communications of the Mountain States,Inc.was formed prior to the Bell System divestiture by
Qwest's predecessor,US WEST,which transferred to AT&T Communications of the Mountain
States,Inc.assets of US WEST's local exchange carrier affiliate that predominantly provided
interexchangefunctions.See Plan of Reorganization dated December 16,1982 in U.S.v.
Western Electric Co.,Civil Action No.82-0192 (D.D.C.)at 442.On the divestiture date,
January 1,1984,ownership of AT&T Communications of the Mountain States,Inc.was
transferred from US WEST to The American Telephone and Telegraph Co.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 34
INTERROGATORY NO.7(g):Does [AT&T Communications of the Mountain States,Inc.]
currentlymaintain any employees in New York,New Jersey,or Georgia?If so,identify how
many employees and describe their job functions.
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to substantial issues in the proceeding and is not reasonably
calculated to lead to the discovery of admissible evidence.Claimants further object that the
request is overlybroad and undulyburdensome in seeking information concerning thousands of
employees and descriptions of their individual job functions and in states outside of Idaho.
Subject to and without waiving the foregoing objections,AT&T Corp.maintains employees
in New Jersey and Georgia that deal with conduit issues on behalf AT&T Communications of the
Mountain States,Inc.as well as other affiliates and subsidiaries.Although AT&T Communications
of the Mountain States,Inc.does not technicallymaintain any employees at this location,employees
of its corporate parent,AT&T Corp.,fulfill functions related to AT&T Communications of the
Mountain States,Inc.'s administrationof conduit leases at these locations.AT&T Communications
of the Mountain States,Inc.does not have its own employees to fulfill these functions.It would
entail an overwhelming burden -to the point of essential impossibility -to state with precision
exactly how many AT&T Corp.employees fulfill these functions on AT&T Communications of the
Mountain States,Inc.'s behalf at any given time.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 35
INTERROGATORY NO.7(h):Has [AT&T Communications of the Mountain States,Inc.]
maintained employees in New York,New Jersey,or Georgia in the past?If so,what types of job
functions has it maintained for employees in those states?
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to substantial issues in the proceeding and is not reasonably
calculated to lead to the discovery of admissible evidence.Claimants further object that the
request is overlybroad and undulyburdensome in seeking information concerning thousands of
employees and descriptions of their individual job functions and in states outside of Idaho.
Subject to and without waiving the foregoingobjections,AT&T Corp.maintained
employees in New Jersey and Georgia that deal with conduit issues on behalf AT&T
Communications of the Mountain States,Inc.as well as other affiliates and subsidiaries.Although
AT&T Communications of the Mountain States,Inc.has not technically maintained its own
employees at this location,employees ofits corporate parent,AT&T Corp.,have fulfilled functions
related to AT&T Communications of the Mountain States,Inc.'s administrationof conduit leases at
these locations.Claimants direct Qwest to their response to Qwest Interrogatory7(g).
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 36
INTERROGATORY NO.7(i):Does [AT&T Communications of the Mountain States,Inc.]
maintain employees at 55 Corporate DR RM 21C70,Bridgewater,NJ 08807?If so,what
functions do those employees fulfill at that location?If not,which AT&T entity maintains
employees at that location?
Claimants'Response:Claimants object to this interrogatory on the grounds that it
seeks information that is not relevant to substantial issues in the proceeding and is not
reasonably calculated to lead to the discovery of admissible evidence.In addition,
Claimants object that the request is and vague,ambiguous,overlybroad and unduly
burdensome in seeking information concerning numerous employees and descriptions of
their individual job functions and in states outside of Idaho.Subject to and without waiving
the foregoing objections,Claimants maintain offices for the Global Real Estate Lease
Administration department at 55 Corporate DR RM 21C70,Bridgewater,NJ 08807.As
explained infra in Claimants'response to Qwest Interrogatory No.11,the Global Real
Estate Lease Administration is a department of AT&T Corp.that handles leases and
payments for leases entered into by AT&T Corp.and its subsidiaries,includingAT&T
Communications of the Mountain States,Inc.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 37
REQUESTFOR PRODUCTION NO.6:Referring to your response to Interrogatory No.7(a),
provide the documentation that reflects the formation of "AT&T Communications of the Mountain
States,Inc."
Claimants'Response:A copy of the Certificate of Incorporation of AT&T
Communications of the Mountain States,Inc.is attached hereto as Exhibit 2.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 38
INTERROGATORY NO.8:Is the entity referred to as "AT&T Communications
of the Mountain States,Inc."in the interconnection agreement attached as Exhibit 4 to the
Complaint the same legal entity as the Complainant by the same name?If not,please explain
how the corporate entities identified in the interconnection agreement differ from the entity
by that same name that is a complainant in this case.
Claimants'Response:Claimants object to this interrogatory on the grounds that it
seeks information that is not relevant to the claims or defenses in the proceeding and not
reasonably calculated to lead to the discovery of admissible evidence.It is unclear what
purpose Qwest seeks to achieve by these requests for confirmation of the obvious.In
addition,the corporate details of the AT&T entity that is a party to the interconnection
agreement are irrelevant.Subject to the foregoing objections,Claimants state that the
Complainant AT&T Communications of the Mountain States,Inc.is the same corporate
entity as the company by the same name that is referred to in Exhibit 4 of the Complaint.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 39
INTERROGATORY NO.9:Is the reference to "AT&T Corp."in the interconnection
agreement attached as Exhibit 5 to the Complaint intended to refer to AT&T Communications of
the Mountain States,Inc.?If not,please explainhow the Idaho operations of AT&T Corp.differ
from those of AT&T Communications of the Mountain States,Inc.and explainwhether there are
two AT&T affiliates conducting business under the two agreements.
Claimants'Response:Claimants object to this interrogatory on the grounds that it
seeks information that is not relevant to the claims or defenses in the proceeding and not
reasonably calculated to lead to the discovery of admissible evidence.In addition,Claimants
object to this interrogatory on the grounds that it is vague and ambiguous in requesting
information concerning "whetherthere are two AT&T affiliates conducting business under the two
agreements,"but only identifyingone agreement in the Interrogatory.Subject to the foregoing
objections,Claimants state that the interconnection agreement attached as Exhibit 5 speaks for
itself.Claimants note,however,that the first paragraph of the interconnection agreement refers to
AT&T Communications of the Mountain States,Inc.and that the "Definitions"section of the
agreement defines "AT&T"to include "any Affiliates,subsidiary companies or other entities
performing any of the obligations of AT&T set forth in this Agreement."See Agreement for
Local and Wireline Network Interconnection and Service Resale at 4 (adopted September 15,
1998).
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 40
INTERROGATORY NO.10:Does AT&T Corp.maintain offices at 55 Corporate
DR RM 21C70,Bridgewater,NJ 08807?If so,what functions do its employees at that location
perform?Ifnot,identify the AT&T entity that maintains employees at that address and describe the
functions they perform?
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and is not reasonably
calculated to lead to the discovery of admissible evidence.Subject to and without waiving the
foregoing objections,Claimants maintain offices for the Global Real Estate Lease Administration
department at 55 Corporate DR RM 21C70,Bridgewater,NJ 08807.As explained infra in
Claimants'response to Qwest Interrogatory No.11,the Global Real Estate Lease Administration
is a department of AT&T Corp.that handles leases and payments for leases entered into by
AT&T Corp.and its subsidiaries.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATÏONSOF THE
MOUNTAIN STATES,INC.Page 41
INTERROGATORY NO.11:Explain complainants understandingof the reference to
"GRE Lease Admin"as used in the documents attached to Exhibit 6 of the Complaint?
Claimants'Response:Claimants object to this interrogatory on the grounds that it seeks
information that is not relevant to the claims or defenses in the proceeding and not reasonably
calculated to lead to the discovery of admissible evidence.Subject to and without waiving its
objections,Claimants state that "GRE Lease Admin,"as used on an invoice from Qwest to
AT&T in Exhibit 6 of the Complaint,refers to "Global Real Estate"Lease Administration,which
is a department of AT&T Corp.that handles leases and payments for leases entered into by
AT&T Corp.and its subsidiaries.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 42
INTERROGATORY NO.12:With regard to paragraph 1 of the Complaint,does AT&T
Corp.consider itself a "public utility"as that term is defined in Idaho Code §61-129?If so,please
describe the extent to which AT&T Corp.'s operations in Idaho are "subject to the jurisdiction,
control and regulation of the Idaho Public Utilities Commission."If AT&T Corp.does not consider
itself a "public utility"as defined by Idaho law,in what sense does it use the term in paragraph 1 of
the Complaint?
Claimants'Response:Claimants state that AT&T Communications of the Mountain
States,Inc.is a public utilityas defined under Idaho law.AT&T Corp.provides administrative,
legal,technical and other functions that enable AT&T Communications of the Mountain States,
Inc.to operate its facilities to provide telecommunications services.AT&T Corp.,therefore,
participates in the provision of telecommunications services by fulfilling the aforementioned
functions,as well as providing the personnel to operate the facilities and to perform marketing
and customer service functions for AT&T Communications ofthe Mountain States,Inc.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.Page 43
INTERROGATORY NO.13:Does AT&T Corp.(as opposed to any of its affiliates)
directlyprovide any telecommunications services in the state of Idaho?Has it ever done
so in the past?
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Subject to and
without waiving the foregoing objection and as the term "telecommunications services"
was clarified by Qwest counsel Mary Hobson on November 23,2004,Claimants state
that AT&T Corp.does not "directly"provide telecommunications services to customers
in the State of Idaho.AT&T Corp.'s wholly-ownedsubsidiary,AT&T Communications
of the Mountain States,Inc.,as the AT&T entity holding IPUC authorization to provide
telecommunications services,is the entitythat provides telecommunications services to
customers in Idaho.AT&T Corp.provides administrative,legal,technical and other
functions that enables AT&T Communications of the Mountain States,Inc.to operate its
facilities to provide telecommunications services.AT&T Corp.,therefore,participates in
the provision of telecommunications services by fulfilling the aforementionedfunctions
for its wholly-ownedsubsidiary,as well as providing the personnel to operate the
facilities and to perform marketing and customer service functions for AT&T
Communications of the Mountain States,Inc.
INTERROGATORY NO.13(a):If so,what services does it currentlyprovide?
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.The specific
kinds of telecommunications services provided in the State of Idaho and whether
provided "directly"are not relevant to the fact that Idaho Code §§61-301,61-315,
61-514 and 61-641 apply.Subject to and without waiving the foregoing objections,
Claimants provide the followingresponse:AT&T Communications of the Mountain
States,Inc.provides local exchange,interLATA long distance services and intraLATA
long distance services in the state of Idaho.Claimants fully incorporatetheir response to
Qwest Interrogatory No.13.More detailed information on the precise services provided
by AT&T Corp.'s wholly-ownedsubsidiary AT&T Communications of the Mountain
States,Inc.is publicly available in orders and tariffs on file with the Idaho Public Utilities
Commission.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 45
INTERROGATORY NO.13(b):What services did it formerly provide in Idaho
that it no longer provides?
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.The specific
kinds of telecommunications services formerlyprovided in the State of Idaho are not
relevant to the fact that Idaho Code §§61-301,61-315,61-514 and 61-641 apply.
Moreover,an historic listing,without limit to time or scope,of discontinued services is
irrelevant,undulyburdensome and overbroad.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 46
INTERROGATORY NO.13(c):Is AT&T Corp.certificated to provide services in
Idaho?
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Idaho Code §§
61-301,61-315,61-514 and 61-641 apply requires Qwest to charge just,fair,reasonable
and uniform rates for occupancy of its conduit,regardless of whether the
telecommunications service provider is "certificated"in the State of Idaho.Claimants
further object on the grounds that information regarding any telecommunications service
provider's authority to provide services in Idaho is information that is publicly available
from the Public Utilities Commission and is therefore imposed solely for the purpose of
harassment.
Subject to and without waiving the foregoing objections,AT&T Corp.is not
separately or independently certificated to provide services in Idaho.
Claimants also note that under Idaho law not all providers of telecommunications
services are required to be "certificated"by the Commission,and thus the Interrogatory is
irrelevant and based on a mistaken premise of law.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 47
INTERROGATORY NO.13(d):Is AT&T Corp.a certified CLEC in Idaho?
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Idaho Code §§
61-301,61-315,61-514 and 61-641 apply requires Qwest to charge just,fair,reasonable
and uniform rates for occupancy of its conduit,regardless of whether the
telecommunications service provider is "certified CLEC"in the State of Idaho.
Claimants further object on the grounds that information regarding any
telecommunications service provider's authority to provide services in Idaho is
information that is publicly available from the Idaho Public Utilities Commission and is
therefore imposed solely for the purpose of harassment.
Subject to and without waiving the foregoing objections,Claimants state that
AT&T Corp.'s wholly-ownedsubsidiary,AT&T Communications of the Mountain
States,Inc.,is a competitive local exchange carrier ("CLEC")certificated by the Idaho
Public Utilities Commission.AT&T Corp.is not separately or independently certificated
as a CLEC in Idaho.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 48
INTERROGATORY NO.13(e):Does AT&T Corp.operate as a CLEC in Idaho
without a certificate?
Claimants'Response:Claimants direct Qwest to their response to Qwest
InterrogatoryNo.13(d),supra.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 49
REQUESTFOR PRODUCTION NO.7:Referring to your response to Interrogatory
Nos.13(c)and 13(d),please provide a copy of any order of the Idaho Public Utilities
Commission granting such certification,including any CLEC certification.
Claimants'Response:Subject to and without waiving Claimants'objections stated
in response to InterrogatoryNos.13(c)and 13(d),Claimants direct Qwest to their responses
to Qwest Interrogatory Nos.13(c)and 13(d),supra.Accordingly,Claimants'do not have
any applicable orders within their records.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 50
REQUESTFOR PRODUCTION NO.8:Provide a full and complete copy of all
interconnection agreementsbetween AT&T Corp.and Qwest in Idaho.
Claimants'Response:Claimants object to this request for production on the
grounds that it seeks information that is not relevant to the claims or defenses in the
proceeding and not reasonably calculated to lead to the discovery of admissible evidence.
Claimants'Complaint does not raise issues concerning the application of the
interconnection agreements.Claimants'claims do not invoke the interconnection
agreements,but only refer to the SGAT rates attached thereto for purposes of a
convenient proxy for lawful conduit rates under Idaho Code §§61-502,61-503 and
61-514.Claimants further object that this request seeks information that is already fully
within the possession of Qwest and is therefore undulyburdensome and imposed for the
purpose of harassment.Subject to and without waiving the foregoing objections,copies of
all interconnection agreements between Qwest and Claimants in Idaho are being produced.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 51
REQUEST FOR PRODUCTION NO.9:Provide a full and complete copy of all IPUC
orders approvingany interconnection agreements between AT&T Corp.and Qwest in
Idaho.
Claimants'Response:Claimants object to this request for production on the
grounds that it seeks information that is not relevant to the claims or defenses in the
proceeding and not reasonably calculated to lead to the discovery of admissible evidence.
Claimants'Complaint does not raise issues concerning the application of the
interconnection agreements.Claimants'claims do not invoke the interconnection
agreements,but only refer to the SGAT rates attached thereto for purposes of a
convenient proxy for lawful conduit rates under Idaho Code §§61-502,61-503 and
61-514.Claimants further object that this request seeks information that is either a public
document issued by the Commission and/or already fully within the possession of Qwest
and is therefore undulyburdensome and imposed for the purpose of harassment.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 52
INTERROGATORY NO.14:Does the American Telephone and Telegraph
Company directly provide any telecommunications services in the state of Idaho?Has it
ever done so in the past?
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Claimants
further object to this interrogatory on the grounds that it fails to define what it means by
"telecommunications services."
Subject to and without waiving the foregoing objections,Claimants state that,as
set forth in Claimants'responses to Qwest Interrogatory Nos.2 -2(d),the American
Telephoneand Telegraph Company formally amended its Certificate of Incorporation
changing its name to "AT&T Corp."on April 20,1994.As such,the American
Telephone and Telegraph Company no longer exists under that name and Claimants
incorporate by reference the response to Qwest Interrogatory No.13.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 53
INTERROGATORY NO.14(a):If so,what services does it currentlyprovide?
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Subject to and
without waiving the foregoing objections,Claimants direct Qwest to their responses to
Qwest Interrogatory Nos.2 -2(d),13(b)and 14,supra.The American Telephone and
Telegraph Company does not currentlyexist under that name.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 54
INTERROGATORY NO.14(b):What services did it formerlyprovide in Idaho that
it no longer provides?
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Further,the
request is vague,ambiguous,and undulyburdensome in seeking information concerning
past telecommunications service offerings,without limit to time or scope.Subject to and
without waiving the foregoing objections,Claimants direct Qwest to their responses to
Qwest Interrogatory Nos.2 -2(d),14,and 13(b)supra.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 55
INTERROGATORY NO.14(c):Is the American Telephone and Telegraph Company
certificated to provide services in Idaho?
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Further,the
request is vague,ambiguous,and undulyburdensome in seeking information concerning
past telecommunications service offerings,without limit to time or scope.Subject to and
without waiving the foregoing objections,Claimants direct Qwest to their responses to
Qwest Interrogatory Nos.2 -2(d),14,and 13(c)supra.Because the American
Telephone and Telegraph Company does not currentlyexist under that name,it is not
certificated to provide services in Idaho.
COMPLAINANTS'RESPONSE TO QWEST'SFIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 56
INTERROGATORY NO.14(d):Is the American Telephone and Telegraph Company
a certified CLEC in Idaho?
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Further,the
request is vague,ambiguous,and undulyburdensome in seeking information concerning
past telecommunications service offerings,without limit to time or scope.Subject to and
without waiving the foregoing objections,Claimants direct Qwest to their responses to
Qwest Interrogatory Nos.2 -2(d),14,and 13(d)supra.Because the American
Telephoneand Telegraph Company does not currentlyexist under that name,it is not a
certified CLEC in Idaho.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 57
INTERROGATORY NO.14(e):Does the American Telephone and Telegraph
Company operate as a CLEC in Idaho without a certificate?
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Further,the
request is vague,ambiguous,and undulyburdensome in seeking information concerning
past telecommunications service offerings,without limit to time or scope.Subject to and
without waiving the foregoing objections,Claimants direct Qwest to their responses to
Qwest Interrogatory Nos.2 -2(d),14,and 13(e)supra.Because the American
Telephone and Telegraph Company does not currentlyexist under that name,it does not
operate as a CLEC in Idaho.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 58
REQUEST FOR PRODUCTION NO.10:Referring to your responsesto Interrogatory
Nos.14(c)and (d),please provide a copy of any order of the Idaho Public Utilities
Commission granting such certification,including any CLEC certification.
Claimants'Response:Claimants direct Qwest to their responses to Qwest
InterrogatoryNos.14(c)and 14(d),supra.Accordingly,Claimants'do not have any
applicable orders within their records.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 59
REQUEST FOR PRODUCTION NO.11:Provide a copy of all interconnection
agreements between the American Telephone and Telegraph Company and Qwest in Idaho.
Claimants'Response:Claimants object to this request for production on the
grounds that it seeks information that is not relevant to the claims or defenses in the
proceeding and not reasonably calculated to lead to the discovery of admissible evidence.
Claimants'Complaint does not raise issues concerning the application of the
interconnection agreements.Claimants'claims do not invoke interconnection
agreements,but onlyrefer to the SGAT rates attached thereto for purposes of a
convenient proxy for lawful conduit rates under Idaho Code §§61-502,61-503 and
61-514.Claimants further object that this request seeks information that is already fully
within the possession of Qwest and is therefore undulyburdensome and imposed for the
purpose of harassment.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 60
REQUEST FOR PRODUCTION NO.12:Provide a copy of all IPUC orders
approving any interconnectionagreement between the American Telephone and
Telegraph Company and Qwest in Idaho.
Claimants'Response:Claimants object to this request for production on the
grounds that it seeks information that is not relevant to the claims or defenses in the
proceeding and not reasonably calculated to lead to the discovery of admissible evidence.
Claimants'Complaint does not raise issues concerning the application of the
interconnection agreements.Claimants'claims do not invoke the interconnection
agreements,but only refer to the SGAT rates attached thereto for purposes of a
convenient proxy for lawful conduit rates under Idaho Code §§61-502,61-503 and
61-514.Claimants further object that this request seeks information that is either a public
document released by the IPUC or already fully within the possession of Qwest and is
therefore undulyburdensome and imposed for the purpose of harassment.Subject to and
without waiving the foregoing objections,Claimants state that they do not have a record
of any IPUC orders approving an interconnectionagreement between the American
Telephone and TelegraphCompany and Qwest in Idaho.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 61
INTERROGATORY NO.15:With regard to paragraph 1 of the Complaint,
identify the specific services that AT&T Communications ofthe Mountain States,Inc.
provides in the state of Idaho.
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to substantial issues in the proceeding and not
reasonably calculated to lead to the discovery of admissible evidence.In addition,the
specific services that AT&T Communications of the Mountain States,Inc.provides in
Idaho are not relevant to the fact that Idaho Code §§61-301,61-315,61-514 and 61-641
apply.Claimants further object on the grounds that the specific services that AT&T
Communications of the Mountain States,Inc.provides in the State of Idaho are on file
with the Public Utilities Commission and are a matter of public record.
Subject to and without waiving the foregoing objections,Claimants state that
AT&T Communications of the Mountain States,Inc.provides local exchange and
intraLATA and interLATA long distance services in the State of Idaho.More detailed
information on the precise services AT&T Communications of the Mountain States,Inc.
provides is publicly available in orders and tariffs on file with the Public Utilities
Commission.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 62
REQUESTFOR PRODUCTION NO.13:Provide a copy of all interconnection
agreementsbetween the AT&T Communications of the Mountain States,Inc.and Qwest in
Idaho.
Claimants'Response:Claimants object to this request for production on the
grounds that it seeks information that is not relevant to the claims or defenses in the
proceeding and not reasonably calculated to lead to the discovery of admissible evidence.
Claimants'Complaint does not raise issues concerning the application of the
interconnection agreements.Claimants'claims do not invoke the interconnection
agreements,but only refer to the SGAT rates attached thereto for purposes of a
convenient proxy for lawful conduit rates under Idaho Code §§61-502,61-503 and
61-514.Claimants further object that this request seeks information that is already fully
within the possession of Qwest and is therefore undulyburdensome and imposed for the
purpose of harassment.Subject to and without waiving the foregoing objections,copies
of the interconnection agreements are attached here to as Exhibit 3 (via compact disc).
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 63
REQUESTFOR PRODUCTION NO.14:Provide a copy of all IPUC orders approving
any interconnection agreementbetween the AT&T Communications ofthe Mountain States,
Inc.and Qwest in Idaho.
Claimants'Response:Claimants object to this request for production on the
grounds that it seeks information that is not relevant to the claims or defenses in the
proceeding and not reasonably calculated to lead to the discovery of admissible evidence.
Claimants'Complaint does not raise issues concerning the application of the
interconnection agreements.Claimants'claims do not invoke the interconnection
agreements,but only refer to the SGAT rates attached thereto for purposes of a
convenient proxy for lawful conduit rates under Idaho Code §§61-502,61-503 and
61-514.Claimants further object that this request seeks information that is publicly
available from the Idaho Public Utilities Commission and therefore is imposed solely for
the purpose of harassment.In addition,Claimants provided citations to the relevant
IPUC orders in existence in their Complaint.See Complaint at ¶9.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 64
INTERROGATORY NO.16:With regard to paragraph 5 of the Complaint,do any
other affiliates of the Complainants occupy the conduit at issue in this case?If so,identify
each affiliated company and identify the portions of conduit in Idaho that each affiliate uses.
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Subject to and
without waiving the foregoing objections,to the best of Claimants'knowledge,no
affiliates of the Complainants occupy the conduit at issue in this case.
€OMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 65
INTERROGATORY NO.17:Based on the documentation in Exhibit 3 to the
Complaint,there are four major conduits that are occupied by Complainants in Idaho:(1)
from Birch Street to Filmore Street in Jerome,Idaho;(2)from 619 Bannock (Boise Main)to
Federal Way and Amity in Boise,Idaho;(3)from Boise Main to Linder Road and Pine in
Meridian,Idaho;and (4)from Pocatello Junction to Darby Road.With regard to each section
of conduit occupied by any AT&T entity in Idaho,identify which AT&T entity or entities
currently occupy the conduit.For each such entity identified describe whether it occupies the
conduit with (1)its own facilities for its own use,or (2)whether it provides its own facilities
for the use of another AT&T entity.
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Moreover,this
is information that is within Qwest's knowledge and control.Qwest's own records will
reveal where any AT&T entity is leasing conduit (and as discussed above,Qwest knows
well the corporate relationship of various AT&T entities and subsidiaries).Subject to
and without waiving the foregoing objections,Claimants state that,to the best of their
current knowledge,AT&T Communications of the Mountain States,Inc.occupies the
conduit at issue in this proceeding for its own use.Claimants also refer Qwest to their
response to responses to Qwest Interrogatory No.13,supra.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 66
INTERROGATORY NO.18:In addition to the conduits specifically
identified in InterrogatoryNo.17,are there any other conduits that are occupied by
Complainants or any other AT&T-related entities in Idaho?If so,identify the conduits
(including the beginning and terminating point of each conduit),the footage occupied,and
identify which AT&T entity or entities occupy them.
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is outside the scope of the Complaint,not relevantto the claims
or defenses in the proceeding and not reasonably calculated to lead to the discovery of
admissible evidence.In addition,Claimants object that the interrogatory is overlybroad
and irrelevant to the extent that it is not limited to conduit owned by Qwest.Claimants
submit that there is no issue in this case about the amount of conduit being used,nor is
the specific location of the conduit of any import to whether Qwest's rates are lawful.In
addition,Claimants object that this interrogatory is vague and ambiguous.Moreover,this
is information that is within Qwest's knowledge and control.Qwest's own records will
reveal where any AT&T entity is leasing Qwest-owned conduit (and as discussed above,
Qwest knows very well the corporate relationship of various AT&T entities and
subsidiaries).
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 67
INTERROGATORY NO.19(a):As to each section of conduit identified in
Interrogatories 17 and 18,providethe followinghistorical and current information:Which
AT&T entity originally occupied the conduit after execution of the
applicable license.
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.In addition,
Claimants object to this interrogatory because Claimants'Complaint does not go back to
the original occupation of conduit,and thus,Qwest's questions seeking a historical
timeline of occupation are irrelevant.Moreover,Claimants maintain their objection
raised in response to Qwest Interrogatory No.18 to the extent is seeks information
concerning conduit that is not at issue in the Complaint.Subject to and without waiving
the foregoing objections,Claimants state that,to the best of their current knowledge,
AT&T Communications of the Mountain States,Inc.originally occupied the conduit at
issue in this proceeding after execution of each applicable license.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 68
INTERROGATORY NO.19(b):As to each section of conduit identified in
Interrogatories 17 and 18,provide the followinghistorical and current information:
Identifyall AT&T entities that subsequently occupied any of the Idaho
conduit,and provide the date on which another AT&T entity began to occupy
some or all of the conduit.
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.In addition,
Claimants object to this interrogatory because Claimants'Complaint does not go back to
the original occupation of conduit,and thus,Qwest's questions seeking a historical
timeline of occupation are irrelevant.Moreover,Claimants maintain their objection
raised in response to Qwest Interrogatory No.18 to the extent is seeks information
concerning conduit that is not at issue in the Complaint.Subject to and without waiving
the foregoing objections,to the best of Claimants'current knowledge,no AT&T-related
entity other than AT&T Communications of the Mountain States,Inc.has occupied the
conduit at issue in this proceeding since executionof each applicable license.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 69
INTERROGATORY NO.19(c):As to each section of conduit identified in
Interrogatories 17 and 18,provide the followinghistorical and current information:In
those cases when another AT&T entity occupied the conduit in addition to The American
Telephone&Telegraph Company,did that other entity place new facilities or take over
(either by lease,purchase or otherwise)the facilities originally placed in the conduit.
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevantto the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.In addition,
Claimants object to this interrogatory because Claimants'Complaint does not go back to
the original occupation of conduit,and thus,Qwest's questions seeking a historical
timeline of occupation are irrelevant.Claimants further object to this interrogatory on the
grounds that it presumes the American Telephone &Telegraph Company originally
occupied the conduit at issue in the Complaint.Moreover,Claimants maintain their
objection raised in response to Qwest Interrogatory No.18 to the extent is seeks
information concerning conduit that is not at issue in the Complaint.Subject to and
without waiving the foregoing objections,Claimants direct Qwest to their'response to
Qwest Interrogatory No.19(b).
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 70
INTERROGATORY NO.19(d):As to each section of conduit identified in
Interrogatories 17 and 18,provide the followinghistorical and current information:
Which AT&T entities (including AT&T entities who are not complainants in this case)
currentlyoccupy the conduit and in what amounts.
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Further,
Claimants maintain their objection raised in response to Qwest Interrogatory No.18 to
the extent is seeks information concerning conduit that is not at issue in the Complaint.
Subject to and without waiving the foregoing objections,Claimants direct Qwest to their
response to Qwest Interrogatory No.19(b).
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 71
INTERROGATORY NO.19(e):As to each section of conduit identified in
Interrogatories 17 and 18,provide the followinghistorical and current information:For
each section of conduit occupied by any AT&T entity in Idaho,identify which AT&T
entity books the expense related to conduit the rental [sic].
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Claimants
further object to this interrogatory on the grounds that it is vague and ambiguous
regarding what it means by "identify which AT&T entity books the expense related to
conduit the rental."Moreover,Claimants maintain their objection raised in response to
Qwest Interrogatory No.18 to the extent is seeks information concerning conduit that is
not at issue in the Complaint.Subject to and without waiving the foregoing objections,
Claimants state that,to the best of their current knowledge,the facilities occupying the
conduit are reflected as assets owned by AT&T Communications of the Mountain States,
Inc.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 72
INTERROGATORY NO.19(f):As to each section of conduit identified in
Interrogatories 17 and 18,provide the followinghistorical and current information:To
the extent an AT&T entity other than The American Telephone and Telegraph Company
occupies any of those conduits,state the date upon which notice was providedto Qwest or its
predecessorsnotifying Qwest of the intention that another AT&T entity occupy the conduit.
Describe any oral conversations (including date and participants)that Complainants assert
occurred between them and Qwest with regard to the use of the conduit by any entity other
than The American Telephone and Telegraph Company.
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.In addition,
Claimants object that the request is premised on assumptions and legal conclusions.
Moreover,Claimants maintain their objection raised in response to Qwest Interrogatory
No.18 to the extent is seeks information concerning conduit that is not at issue in the
Complaint.
Subject to and without waiving the foregoing objections,Claimants state that
AT&T Communications of the Mountain States,Inc.has owned and operated the
facilities occupying the conduit at issue in this proceeding since the date on which each
applicable license was executed -a fact that Claimants believe was known to Qwest or
its predecessors-in-interest from the inception of the General License Agreement for
Conduit Occupancy.Because to the best of Claimants'current knowledge no entity other
than AT&T Communications of the Mountain States,Inc.has occupied the conduit,
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 73
Claimants state that,to the best of their knowledge,no such notices exist and none was
required.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 74
REQUEST FOR PRODUCTION NO.15:Referring to your response to Interrogatory No.
19(f),provide copies of all documents that reflect embody or relate to any such notices and
any written replies by Qwest or its predecessors.
Claimants'Response:Claimants object to this document production request on
the grounds that it seeks information that is not relevant to the claims or defenses in the
proceeding and not reasonably calculated to lead to the discovery of admissible evidence.
In addition,Claimants object that the request is premised on assumptions and legal
conclusions.Subject to and without waiving the foregoing objections,Claimants direct
Qwest to their response to Qwest Interrogatory No.19(f).
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 75
INTERROGATORY NO.20:Referring to paragraphs 8 and 9 of the
Complaint,for each section of conduit identified in your responsesto Interrogatories
17 and 18,identify whether the AT&T entity that occupies the section does so pursuant
to the "General License Agreement for Conduit Occupancy"(Exhibit 2)or pursuant to
the interconnection agreements identified as Exhibits 4 and 5.If you answer "both,"
for each conduit Section please identify the date on which the occupation was
commenced under Exhibit 2 and the date on which occupation was commenced upon
either Exhibit 4 or Exhibit 5.If you ceased to occupy any section of conduit under
Exhibit 2,please state the date upon which that occurred and describe the exact events
that caused the license for occupancy to move from Exhibit 2 to some other form of
license.
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevantto the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Moreover,
Claimants maintain their objection raised in response to Qwest Interrogatory No.18 to
the extent is seeks information concerning conduit that is not at issue in the Complaint.
Subject to and without waiving the foregoing objections,Claimants state that AT&T
Communications of the Mountain States,Inc.occupies the conduit at issue in the
Complaint pursuant to the General License Agreement for Conduit Occupancy.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 76
INTERROGATORY NO.21:Has AT&T Communications of the MountainStates,Inc.
ever ordered conduit from Qwest pursuant to an mterconnection agreement between it and
Qwest (or a Qwest predecessor)in Idaho?If so,state the date of each order and provide a
specific description of the conduit ordered.
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Claimants'
Complaint does not raise issues concerning the application of interconnection agreement
and Qwest's duties thereunder.Claimants'claims do not invoke the interconnection
agreement,but onlyrefer to the SGAT rates attached thereto for purposes of a convenient
proxy for lawful conduit rates under Idaho Code §§61-502,61-503 and 61-514.
Claimants further object that this request seeks information that is already fully within the
possession of Qwest and is therefore undulyburdensome and imposed for the purpose of
harassment.Subject to and without waiving the foregoing objections,Claimants state
that AT&T Communications of the Mountain States,Inc.has not ordered conduit from
Qwest in Idahopursuant to an interconnection agreement.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 77
REQUEST FOR PRODUCTION NO.16:Referring to your responseto InterrogatoryNo.
21,provide copies of all documents that refer or relate to any such order,including but not
limited to any written submission to Qwest ordering such conduit.
Claimants'Response:Claimants object to this document production request on
the grounds that it seeks information that is not relevant to the claims or defenses in the
proceeding and not reasonably calculated to lead to the discovery of admissible evidence.
Subject to and without waiving the foregoing objections,Claimants direct Qwest to their
response to Qwest Interrogatory No.21.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 78
INTERROGATORY NO.22:Has AT&T Corp.ever ordered conduit from Qwest pursuant
to an interconnection agreementbetween it and Qwest (or a Qwest predecessor)in Idaho?If
so,state the date of each order and provide a specific description of the conduit ordered.
Claimants'Response:Claimants object to this interrogatory on the grounds that
it seeks information that is not relevant to the claims or defenses in the proceeding and
not reasonably calculated to lead to the discovery of admissible evidence.Claimants'
Complaint does not raise issues concerning the application of interconnection agreement
and Qwest's duties thereunder.Claimants'claims do not invoke the interconnection
agreement,but only refer to the SGAT rates attached thereto for purposes of a convenient
proxy for lawful conduit rates under Idaho Code §§61-502,61-503 and 61-514.
Claimants further object that this request seeks information that is already fully within the
possession of Qwest and is therefore undulyburdensome and imposed for the purpose of
harassment.Subject to and without waiving the foregoing objections,Claimants state
that AT&T Corp.has not ordered conduit from Qwest in Idaho pursuant to an
interconnection agreement.
COMPLAINANTS'RESPONSE TO QWEST'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.Page 79