200411221st Production Requests of ATT to Qwest.pdf

Mary 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: [phone]
Facsimile: [phone]
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: [phone]
Meredith R. Harris, Esq.
AT&T Corp.
One AT&T Way
Bedminster, New Jersey 07921
[phone]
Robert M. Pomeroy, Esq. (CSB No. 7640)
HOLLAND & HART, LLP
8390 E. Crescent Parkway
Suite 400
Greenwood Village, CO 80111-2800
Telephone: [phone]
Facsimile: [phone]
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Attorneys for AT&T Corp. and AT&T
Communications of the Mountain States, Inc.
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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 DATA AND
PRODUCTION OF DOCUMENTS
AT&T Corp. and AT&T Communications of the Mountain States, Inc., by and through
their attorneys hereby submit these Requests for Data and Production of Documents (the
Requests ) in the above-captioned matter to Qwest Corporation ("Qwest"), as follows:
DEFINITIONS
The following definitions shall apply to these Requests for Data and Production of
Documents:
Action" refers to the above-captioned matter.
And" and "" as used herein are inclusive, and shall be construed either
disjunctively or conjunctively as necessary to bring within the scope of the Requests matters that
might otherwise be construed to be outside its scope.
Claimants" means AT&T Corp. and AT&T Communications of the Mountain
States, Inc.
Complaint" means the Request for Agency Action filed with the Idaho Public
Utilities Commission (the "Commission ) by the Claimants in this Action, and any amendments
thereto that may subsequently be filed.
The terms "communicated" or "communication" include every manner or means
of disclosure, transfer or exchange of information, and every disclosure, transfer or exchange
whether face-to-face, by telephone, in writing, whether in hard copy or electronically, by
electronic mail, mail, personal delivery or otherwise.
Conduit" means a structure that may be underground or above ground
containing one or more ducts that enclose and carry communications or electrical cables or wires
and associated equipment, to provide physical protection for such cables or wires. For purposes
of these Requests, the term includes "inner-duct " which consists of one or more duct-like
CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND PRODUCTION OF DOCUMENTS
Page 2
raceways smaller in diameter than a duct, and which may be inserted into a duct to enable the
duct to carry multiple cables or wires.
Conduit system" means any combination of conduits, ducts and inner-ducts
together with their supporting infrastructure, including but not limited to manholes, handholes
and vaults.
Describe, discuss or analyze" when used with reference to a request for
documents, means any document that, in whole or in part, characterizes, evaluates, appraises
assesses, or provides a general explanation of the subject matter.
Document" means written, recorded or graphic material of any kind, whether
prepared by Qwest or by any other person that is in the possession, custody or control of Qwest.
The term includes agreements, contracts, letters, invoices, bills, electronic mails, telegrams
inter-office communications, memoranda, reports, records, instructions, specifications, notes
notebooks, scrapbooks, diaries, diagrams, photographs, photocopies, charts , graphs, descriptions
drafts, minutes of meetings, published or unpublished speeches or articles, publications
transcripts of telephone conversations, ledgers, financial statements, microfilm, microfiche, tape
disk or diskette recordings and computer printouts.The term "document" also includes
electronically stored data from which information can be obtained either directly or
translation through detection devices or readers; any such document is to be produced in a
reasonably legible and usable form. The term "document" includes the original document (or a
copy thereof if the original is not available) and all copies that differ in any respect from the
original, including but not limited to additions of notations, underlining, marking or other change
not reflected in the original.
CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND PRODUCTION OF DOCUMENTS
Page 3
10.Facility" means any object located within a Qwest conduit system or support
structure.
11.Identify" or "identity" means to state or a statement of:
in the case of a person other than a natural person, its legal name, the
address of its principal place of business, its telephone number, and the name of its chief
executive officer;
in the case of a natural person, his or her name, business telephone
number, home and business addresses, employer, and title or position;
in the case of a service, the identity of its producer or distributor and its
trade name;
in the case of a document, either
(1)the title of the document, the author, the title or position of the
author, the addressee, the title or position of the addressee, the type of document
the date it was prepared, and the number of pages it comprises; or
(2)a reference to the document, if it has been produced;
in the case of geographic boundaries, location or coverage, a narrative
description identifying the states and the areas of such states and all political subdivisions
thereof included, in whole or in part, within the geographic boundaries, location or
coverage; and
in the case of a verbal communication, discussion or meeting:
(1)the type of communication, discussion or meeting;
(2)its date or approximate date;
(3)the identity of the participants or attendees;
CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND PRODUCTION OF DOCUMENTS
Page 4
(4)its general subject matter; and
(5)a description of any documents or tangible objects used or referred
to in the course of the discussion.
12.Including" means including but not limited to.
13.Make-ready work" means all work associated with facilities occupying Qwest'
conduit system, including but not limited to placement, rearrangement or transfer of facilities or
other changes necessary to accommodate Claimants ' facilities or other attachers ' facilities in a
conduit system.
14.Occupancy" or "occupy" means the placement of any facilities in a conduit
system.
15.Person" means any natural person, corporation, partnership, company, sole
proprietorship, unincorporated association or society, incorporated association, institute, joint
venture, firm, governmental body or other legal entity, whether privately or publicly owned or
controlled, for profit or not-for-profit or partially or fully government owned or controlled.
16.Qwest" means Qwest Corporation and all subsidiaries and affiliates, respondents
in this Action, including Qwest Corporation s predecessors and all subsidiaries and affiliates
thereof.
17.Relate to" and "relating to" mean, without limitation, to make a statement about
refer to, discuss, describe, reflect, contain, identify or in any way pertain to, in whole or in part
or being logically, legally or factually related.
18.Respondent" means Qwest Corporation and all subsidiaries and affiliates and
Qwest Corporation s predecessors and all subsidiaries and affiliates thereof.
CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND PRODUCTION OF DOCUMENTS
Page 5
19.Support structures" means any conduit system and/or pole used for the
attachment of communications or electrical facilities.
20.You" means (a) the person on which the Requests are served, its predecessors
successors, subsidiaries, parents, divisions and affiliates and (b) present and former partners
officers, directors, employees, agents, and other persons acting on behalf of it or one or more of
its predecessors, successors, subsidiaries, parents, divisions or affiliates, including but not limited
to employees, independent contractors, consultants, attorneys, or other agents having possession
custody or control of documents or information called for by the Requests.
21.The singular form of a noun or pronoun shall be considered to include within its
meaning the plural form of the noun or pronoun, and vice versa. The masculine form of a noun
or pronoun shall be considered to include the feminine form of the noun or pronoun, and vice
versa.
22.Regardless of the tense employed, all verbs shall be read as applying to the past
present and future as is necessary to make any paragraph more, rather than less, inclusive.
II.INSTRUCTIONS
In accordance with the Idaho Rules of Civil Procedure and the Idaho Public
Utilities Commission Rules of Procedure answer each data request separately and fully in
writing, unless it is objected to, in which event, state reasons for objection in lieu of an answer
and answer each other portion of the data request to which no objection is asserted. The answers
are to be signed by the person making them, and the objections signed by the attorney making
them. However, if you produce business records in lieu of an answer to a data request, specify
the records from which the answer may be derived or ascertained in sufficient detail to permit the
CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND PRODUCTION OF DOCUMENTS
Page 6
interrogating party to locate and to identify, as readily as can the responding party, the records
from which the answer may be ascertained.
If you are unable to answer a data request fully, submit as much information as is
available and explain why your answer is incomplete. If precise information cannot be supplied
submit (a) your best estimate or judgment, so identified, and set out the source or basis of the
estimate or judgment, and (b) provide such information available to you as best approximates the
information requested. Where incomplete answers, estimates or judgments are submitted, and
you know of or have reason to believe there are other sources of more complete or accurate
information, identify or describe those other sources of information.
In responding to data requests, preface each answer by restating the request to
which the answer is addressed. Where a request for information includes subparagraphs (e.
g.,
(a), (b), (c)), or subdivisions (e.
g.,
(i), (ii), (iii)), answer each subparagraph or subdivision
separately.
These Requests are continuing in nature and include all documents and
information prepared or received by you between the date of receipt of the Requests and the date
of the Commission hearing on this matter, if any. Unless otherwise expressly provided, each
data request covers any document or information prepared, received, distributed, or in effect
during the period from January 1 , 1982 to the date of the Commission hearing on this matter, if
required, unless otherwise stated. Your responses to the Requests should be supplemented not
later than thirty (30) days prior to any hearing addressing the merits of any party s claim or
defenses.
True and correct copies of all documents responsive and related to each of the
data requests are to be produced, identified and served on Claimants with your responses to the
CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND PRODUCTION OF DOCUMENTS
Page 7
appropriate data requests and submitted to Claimants within the time periods specified under
applicable law.
For any objection that is based on an asserted claim of privilege, state:
brief description of the subject matter of the asserted privileged
information;
the nature of the privileged claimed;
the paragraph( s) of the data request to which the information is otherwise
responSIve;
the nature and basis of the privilege claimed;
the source( s) of the information; and
the identity of all persons to whom such information has been
communicated or with whom it has been shared, in whole or in part.
III.DATA REQUESTS
Identify each and every person who provided assistance or information used in
answering these Requests and each and every person that Qwest or any agent or employee of
Qwest has contacted concerning the subject matter of this Action, and state the substance of any
conversation or writing that relates to any such contact.
Identify each individual whom you may call as a witness at any hearing in this
Action, or who may provide written testimony, and state the subject matter on which each witness
is expected to testify. If the witness is an expert witness, state the substance of the findings and
the opinions to which the witness is expected to testify, and the grounds and basis for each
finding and opinion.
CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND PRODUCTION OF DOCUMENTS
Page 8
If you contend that Claimants, or any officer, director, agent, employee acting on
behalf of Claimants, have made any admission, or taken or failed to take any action, that would
preclude or tend to preclude Claimants from recovering under the claims they have submitted in
this Action, identify and describe the substance of each such admission, action or omission, the
person who made that admission or took or failed to take such action, and the person to whom
such admission was made.
Identify and describe any inquiry into or analysis of Qwest's conduit records that
has occurred between January 2000 and April 2003 relating to Claimants' facilities in Idaho.
Identify all persons, whether or not employed by Qwest, who participated in any
way in any inquiry into or analysis of Qwest's conduit records that has occurred between January
2000 and April 2003 relating to Claimants ' facilities in Idaho.
Identify and describe any inquiry into or analysis of Qwest's conduit records that
has occurred during the period from May 1 , 2003 to the present relating to Claimants ' facilities
in Idaho.
Identify all persons, whether or not employed by Qwest, who participated in any
way in any inquiry into or analysis of Qwest's conduit records that has occurred during the
period from May 1 , 2003 to the present relating to Claimants' facilities in Idaho.
Identify and describe the terms, conditions, procedures and rates governing the
rental and occupancy of Qwest conduit or support structures by Claimants in Idaho. To the
extent that such terms, conditions, procedures and rates may vary within Qwest's Idaho service
territory, identify and describe any such differences. To the extent that such terms, conditions
procedures and rates may differ currently from past terms, conditions, procedures and rates
please identify and describe these differences.
CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND PRODUCTION OF DOCUMENTS
Page 9
Identify and describe the terms, conditions, procedures and rates governing the
rental and occupancy of Qwest conduit or support structures by all persons in Idaho other than
Claimants. To the extent that such terms, conditions, procedures and rates may vary within
Qwest's Idaho service territory, identify and describe any such differences. To the extent that
such terms, condition, procedures and rates may differ currently from past terms, conditions
procedures and rates, please identify and describe these differences.
10.Identify and describe the terms, conditions, procedures and rates relating to the
maintenance of Claimants' facilities occupying Qwest conduit or support structures in Idaho.
the extent that such terms, conditions, procedures and rates may differ within Qwest's Idaho
service territory, identify and describe any such differences. To the extent that such terms
conditions, procedures and rates may differ currently from past terms, conditions, procedures and
rates, please identify and describe these differences.
11.Identify and explain the methodology, formulae, cost accounts, data and/or other
bases, if any, used by Qwest in calculating or formulating the conduit rental rates assessed under
the individual conduit licenses issued pursuant to the General License Agreement for Conduit
Occupancy Between The Mountain States Telephone & Telegraph Company and The American
Telephone and Telegraph Company, dated May 28, 1988 (the "General Conduit License
Agreement"), in Idaho.
12.In the event Qwest used any methodology, formulae, cost accounts, data and/or
other bases to calculate or formulate the conduit rental rates referenced in Data Request No.
above, identify all persons, whether or not employed by Qwest, involved in any way in the
determination of such methodology, formulae, cost accounts, data and/or other bases.
CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND PRODUCTION OF DOCUMENTS
Page 1 0
IV.REQUEST FOR THE PRODUCTION OF DOCUMENTS
Produce all documents and other materials that relate to or were referenced in
your answers to Data Request Nos. 1 through 12 above and Qwest's answers thereto.
Produce all documents referring to, relating to, or regarding occupation of or
access to Qwest owned or controlled conduit or support structures by The American Telephone
& Telegraph Company, AT&T Corp., AT&T Communications of the Mountain States, Inc., or
any subsidiary or affiliate thereof, since January 1 , 1982 in Idaho. Such documents should
include, but not be limited to, documents relating to:
the General Conduit License Agreement and individual conduit licenses
executed thereunder (attached to the Complaint as Exhibits 2 and 3);
work orders, service orders or maintenance requests;
make-ready work requests from entities OccupYIng the same Qwest
conduit or support structures, or seeking to occupy same;
notifications of surrender of conduit licenses and removal of facilities; and
changes of Qwest's or Claimants' contact information.
Produce all documents referring to, relating to, or regarding occupation of or
access to Qwest-owned conduit or support structures by AT&T Communications of the
Mountain States, Inc. since January 1 , 1982 in Idaho.
Produce all documents referring to, relating to, or regarding occupation of or
access to Qwest-owned conduit or support structures by The American Telephone and Telegraph
Company since January 1 , 1982 in Idaho.
Produce all documents referring to, relating to, or reflecting Qwest's billing of
The American Telephone and Telegraph Company, AT&T Corp., or AT&T Communications of
CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND PRODUCTION OF DOCUMENTS
Page 11
12.Produce all documents referring to, relating to, or regarding occupation of Qwest-
owned conduit by AT&T Communications of the Mountain States or AT&T Corp. or the rates
charged to AT&T Communications of the Mountain States or AT&T Corp. for occupation of
Qwest conduit, including but not limited to all internal notes, memoranda, and e-mails.
13.Produce any and all documents Qwest contends supports any of its claims
allegations, or defenses in this case.
DATED 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, RA YWID & BRAVERMAN, LLP
1919 Pennsylvania Ave., N.
Second Floor
Washington, D.C. 20006
CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND PRODUCTION OF DOCUMENTS
Page 13
CERTIFICATE OF SERVICE
I hereby certify that on the 22nd day of November, 2004, an original, three (3) true and
correct copies of CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND
PRODUCTION OF DOCUMENTS were delivered to:
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
jj ewell~puc.state.id. us
D U.S. Mail
Electronic Mail
18: Hand Delivered
Overnight Mail
Telecopy (Fax)
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)
D U.S. Mail
lectronic Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Weldon Stutzman
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
wstutzm~puc.state.id. us
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 ih Avenue Room 3206
Seattle, W A 98191
adam.sherr~qwest.com
s. Mail
'0 Electronic Mail
CJ Hand Delivered
Overnight Mail
Telecopy (Fax)
330630I 1.00e
CLAIMANTS' FIRST SET OF REQUESTS FOR DATA AND PRODUCTION OF DOCUMENTS
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