A20041110Qwest's First Production Requests to AT&T.pdf

Mary S.Hobson (ISB #2142)
Curtis D.McKenzie (ISB #5591)
Stoel Rives LLP
101 South Capitol Boulevard -Suite 1900
Boise,ID 83702 10N
Telephone:[phone]
Facsimile:[phone]
[e-mail]
cdmckenzie stoel.com
Adam L.Sherr (WSBA #25291)
Qwest Corporation
1600 7th Avenue -Room 3206
Seattle,WA 98191
Telephone:[phone]
Facsimile:[phone]
adam.sherr qwest.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
AT&T Corp.,a New York corporation,and CASE NO.:ATT-T-04-1AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES,INC.,a Colorado QWEST CORPORATION'S FIRST SETcorporation,OF INTERROGATORIES AND
REQUESTS FOR PRODUCTION OFComplainants,DOCUMENTS TO AT&T CORP.,AND
AT&T COMMUNICATIONS OF THE
vs.MOUNTAIN STATES,INC.
QWEST CORPORATION,a Colorado
corporation,
Respondent.
Qwest Corporation ("Qwest")requests that AT&T Corp.and AT&T Communications of
the Mountain States,Inc.(sometimes referred to collectivelyherein as the "AT&T Claimants"or
as "Complainants")submit answers to the followingdata requests by serving the same on its
undersigned counsel within 14 days,as agreed by the parties in their scheduling stipulation.
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.--Page 1
Boise-177708.1 0029164-00106
INSTRUCTIONS
1.Pursuant to the Idaho Rules of Civil Procedure and the IPUC Rules of Procedure.,
these Interrogatories and Requests for Production shall be deemed continuing in nature,and any
Interrogatoryanswer or response to a Request for Production must be supplemented when
additional responsive information comes to your attention or the attention of your attorneys or
other representatives while this docket is pending.
2.Each Interrogatoryand Request for Production should be answered fully and
independently.If it is not possible to provide a complete answer to an Interrogatoryor Request
for Production,or portion thereof,the remaining part of the Interrogatoryor Request for
Production should be answered and a reason should be stated why only part of the interrogatory
or request has been answered.
3.All words used in their singular form shall include the words in their plural form,
and all words in their plural form shall include the words in their singular form.
4.The use of the past tense shall include the present tense,and the use of the present
tense shall include the past tense.
5.If you contend that you are entitled to withhold any information requested herein
on a claim of privilege,then for each such item of information:
a.Identify the character of the information that is claimed to be privileged;
b.State the date and place of any communication which contained the
information;
c.Identify each person who sent,participated in,overheard,or received the
communication or who now has possession,custody,or control of any documents relating
thereto;
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 2
Boise-177708.1 0029164-00106
d.Describe the subject matter of the privileged information;
e.State the number of pages of any privileged document;
f.State the basis upon which you contend that you are entitled to withhold
the information.
6.Any objection that you raise should be confined to that portion of the
Interrogatoryor Request for Production for which you claim a privilege or objection and shall
not excuse you from answering the remaining part of the interrogatory or request.
7.If any document requested has been lost or destroyed,state the circumstances of
such loss or destruction and identify each person having knowledge of such loss or destruction.
8.For each Interrogatoryand Request for Production answered,identifythe person
or persons answermg.
DEFINITIONS
1.As used in these data requests,the term "AT&T Corp."shall refer to the New
York Corporation of that name that is listed as one the Complainants in this matter,its principals
and predecessors in interest,and any person acting on behalf of any of them,including but not
limited to their past or present officers,directors,shareholders,agents,representatives,
employees,attorneys,accountants,and investigators.
2.As used in these interrogatories and Request for Production,the term "AT&T
Communications of the Mountain States,Inc."shall refer to the Colorado Corporation of that
name that is listed as one the Complainants in this matter,its principals and predecessors in
interest,and any person acting on behalf of any of them,including but not limited to their past or
present officers,directors,shareholders,agents,representatives,employees,attorneys,
accountants,and investigators.
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 3
Boise-177708.10029164-00106
3.As used in these interrogatories and Request for Production,the term "The
American Telephone and Telegraph Company"shall refer to the New York Corporation of that
name that is listed as one of the parties to the "General License Agreement"attached as Exhibit 2
to the Complaint and in several of the "Conduit System Occupancy License[s]"attached as part
of Exhibit 3 to the Complaint,its principals and predecessors in interest,and any person acting
on behalf of any of them,includingbut not limited to their past or present officers,directors,
shareholders,agents,representatives,employees,attorneys,accountants,and investigators.
4.As used in these interrogatories and Request for Production,the term "Qwest"
shall refer to Qwest Corporation,its principals and predecessors in interest,includingUS WEST
Communications,Inc.,and the Mountain States Telephone and Telegraph Company,and any
person acting on behalf of any of them,includingbut not limited to their past or present officers,
directors,shareholders,agents,representatives,employees,attorneys,accountants,and
mvestigators.
5.The term "document"has the same meaning as in Rule 34(a)(1)of the Idaho
Rules of Civil Procedure.It includes the original and all non-identical copies (whether different
from the original because of notes made on or attachments to such copies or otherwise)of all
"writings"and "recordings"as defined in Rule 1001 of the Idaho Rules of Evidence.The term
"document"as used herein also includes,without limitation,papers,books,letters,journals,
photographs,correspondence,telegrams,cables,telex messages,facsimile copies,brochures,
memoranda,notes,notebooks,work papers,data sheets,bulletins,instructions,tape recordings,
video tapes,transcripts,minutes or other records of meetings or conferences,reports,agendas,
affidavits,studies,financial statements,press releases,contracts,pamphlets,catalogues,
calendars,desk calendars,appointment books,diaries,time records,telephone logs,expense
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 4
Boise-177708.1 0029164-00106
reports,and drafts of all of the above.The term "document"further includes tapes,disks,and all
other computer,electronic,photographic,magnetic,laser,or mechanical means of storing and
recording information,together with program and program documentationnecessary to use or
retrieve such information,and printouts of such information.
6.The words "and"and "or"shall be construed conjunctivelyor disjunctivelyas
necessary to make the requests inclusive rather than exclusive.
7.The word "including"shall be construed to mean without limitation.
8.The term "communication"means any oral or written statements,conversations,
meetings,speeches,discussions,remarks,questions,answers,telephonecalls,letters,
memoranda,correspondence,electronic transmissions,or other transmittal of information by
writing or by other means.
9.The terms "relatingto"or "regarding"means constituting,comprising,
containing,consisting of,evidencing,setting forth,proposing,showing,disclosing,describing,
discussing,explaining,summarizing,concerning,reflecting,authorizing,referring to,or in any
way pertinent to that subject matter,either directlyor indirectly.
10.The term "identify,"or words of similar import:
a.When used in reference to a document,shall mean to describe the
document with sufficient specificity to enable it to be requested in a subpoena
duces tecum,including,but not limited to,the type of document,its author (and,
if different,its signer or signers),its date,its present or last known location,and
its present or last known custodian.
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 5
Boise-177708.1 0029164-00106
b.When used in reference to a natural person shall require the person's full
name,present or last known residence address,present or last known place of
employment,and present or last known occupation or job title.
11.The term "person"means any individual,firm,corporation,association,
partnership,joint venture,governmental agency,or any other form of entity,together with any
officers,directors,partners,trustees,employees,representatives,or agents.
12.To "state the factual basis"for a claim,denial or defense means to provide a
reasonably detailed statement of the facts,information and matters which you presently believe
support or tend to support that claim,denial or defense.Your summaries should include,where
applicable,references to dates,times,persons and documents.
13.The term "Complaint"shall refer to the Complaint filed by AT&T Corp.and
AT&T Communications of the Mountain States,Inc.in this docket.
14.The terms "Complainant"and "Complainants"refers to AT&T Corp.and AT&T
Communications of the Mountain States,Inc.,either singularlyor collectivelyas the context
indicates.
INTERROGATORIES &REQUESTS FOR PRODUCTION OF DOCUMENTS
INTERROGATORY NO.1:The followingdocuments attached to the Complaint make
reference to an entityreferred 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);(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:
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 6
Boise-177708.1 0029164-00106
(a)Are all of the references to "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.
(b)If the references to 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,includingthe date of
incorporation of each corporation,whether each entity still exists and,if so,under
what name or names.
INTERROGATORY NO.2:Does the corporate entity known as "The American
Telephone and Telegraph Company"still exist under that name?
(a)If the corporate entity ceased to exist,state the date upon which it ceased
to exist?
(b)Does the corporate entity known as "The American Telephone and
Telegraph Company"still exist under another name?
(c)If the name of the corporate entitywas changed,state (1)the date upon
which the name change was made effective,and (2)the new name of the
corporate entity followingthe name change.
(d)If the response to (b)is that the name of the corporation changed,has that
corporation (the entitythat 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.
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 7
Boise-177708.1 0029164-00106
REQUESTFOR PRODUCTION NO.1:Referring to your response to Interrogatory
No.2(a),provide any documentation of the action by which the entityceased to exist.
REQUESTFOR PRODUCTION NO.2:Referring to your response to Interrogatory
No.2(c)provide all documentation that reflects any corporate name change.
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.
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 participating in this docket under that name.
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 response to InterrogatoryNo.2,explain in detail the corporate changes by which
"The American Telephone and Telegraph Company"became "AT&T Corp."(if it did).Please
include the date or dates of such changes and the state in which such changes were made
effective.
REQUESTFOR PRODUCTION NO.4:Referring to your response to Interrogatory
No.4,provide all documents that memorialize the transformation from "The American
Telephoneand Telegraph Company"into "AT&T Corp."
INTERROGATORY NO.5:Describe the relationship between "The American
Telephone and Telegraph Company"and the Complainant "AT&T Communications of the
Mountain States,Inc."
INTERROGATORY NO.6:With regard to the Complainant "AT&T Corp.":
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 8
Boise-177708.1 0029164-00106
(a)When was it incorporated and in which state?
(b)Where is its 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.
(c)In which states does it provide telecommunications services directly to
customers?
(d)Provide a list of its officers and board of directors,including their
positions and addresses.
(e)Is it a publicly held company or is it owned by an affiliated company?If
neither,describe the manner in which it is owned.
(f)If it 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).
(g)Does it currentlymaintain any employees in New York,New Jersey,or
Georgia?If so,identify how many employees and describe their job functions.
(h)Has it 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?
(i)Does it 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?
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 9
Boise-177708.1 0029164-00106
REQUESTFOR PRODUCTION NO.5:Referring to your response to Interrogatory
No.6(a)provide the documentation that reflects the formation of "AT&T Corp."
INTERROGATORY NO.7:With regard to the Complainant "AT&T Communications
of the Mountain States,Inc.":
(a)When was it incorporated and in which state?
(b)Where is its 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.
(c)In which states does it provide telecommunications services directlyto
customers?
(d)Provide a list of its officers and board of directors,including their
positions and addresses.
(e)Is it a publicly held company or is it owned by an affiliated company?If
neither,describe the manner in which it is owned.
(f)If it 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).
(g)Does it currentlymaintain any employees in New York,New Jersey,or
Georgia?If so,identify how many employees and describe their job functions.
(h)Has it 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?
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 10
Boise-177708.1 0029164-00106
(i)Does it 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 entitymaintains employees at that location?
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."
INTERROGATORY NO.8:Is the entityreferred 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.
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 explain how the Idaho operations of AT&T Corp.differ
from those of AT&T Communications of the Mountain States,Inc.and explain whether there are
two AT&T affiliates conducting business under the two agreements.
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 entitythat maintains employees at that address and describe
the functions they perform?
INTERROGATORY NO.11:Explain Complainants'understanding of the reference to
"GRE Lease Admin"as used in the documents attached to Exhibit 6 of the Complaint?
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 11
Boise-177708.1 0029164-00106
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?
INTERROGATORY NO.13:Does AT&T Corp.(as opposed to any ofits affiliates)
directlyprovide any telecommunications services in the state of Idaho?Has it ever done so in
the past?
(a)If so,what services does it currentlyprovide?
(b)What services did it formerlyprovide in Idaho that it no longer provides?
(c)Is AT&T Corp.certificated to provide services in Idaho?
(d)Is AT&T Corp.a certified CLEC in Idaho?
(e)Does AT&T Corp.operate as a CLEC in Idaho without a certificate?
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,includingany CLEC certification.
REQUESTFOR PRODUCTION NO.8:Provide a full and complete copy of all
interconnection agreements between AT&T Corp.and Qwest in Idaho.
REQUESTFOR PRODUCTION NO.9:Provide a full and complete copy of all IPUC
orders approving any interconnection agreements between AT&T Corp.and Qwest in Idaho.
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.--Page 12
Boise-177708.1 0029164-00106
INTERROGATORY NO.14:Does the American Telephoneand Telegraph Company
directlyprovide any telecommunications services in the state of Idaho?Has it ever done so in
the past?
(a)If so,what services does it currentlyprovide?
(b)What services did it formerlyprovide in Idaho that it no longer provides?
(c)Is the American Telephone and Telegraph Company certificated to
provide services in Idaho?
(d)Is the American Telephone and Telegraph Company a certified CLEC in
Idaho?
(e)Does the American Telephone and Telegraph Company operate as a
CLEC in Idaho without a certificate?
REQUESTFOR PRODUCTION NO.10:Referring to your responses to 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.
REQUESTFOR PRODUCTION NO.11:Provide a copy of all interconnection
agreements between the American Telephone and Telegraph Company and Qwest in Idaho.
REQUESTFOR PRODUCTION NO.12:Provide a copy of all IPUC orders
approving any interconnection agreement between the American Telephone and Telegraph
Company and Qwest in Idaho.
INTERROGATORY NO.15:With regard to paragraph I of the Complaint,identify
the specific services that AT&T Communications of the Mountain States,Inc.provides in the
state of Idaho.
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 13
Boise-177708.1 0029164-00106
REQUESTFOR PRODUCTION NO.13:Provide a copy of all interconnection
agreements between the AT&T Communications of the Mountain States,Inc.and Qwest in
Idaho.
REQUESTFOR PRODUCTION NO.14:Provide a copy of all IPUC orders
approving any interconnection agreement between the AT&T Communications of the Mountain
States,Inc.and Qwest in Idaho.
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.
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 currentlyoccupy
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.
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,identifythe conduits (includingthe beginning and
terminating point of each conduit),the footage occupied,and identify which AT&T entity or
entities occupy them.
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 14
Boise-177708.1 0029164-00106
INTERROGATORY NO.19:As to each section of conduit identified in
Interrogatories 17 and 18,provide the followinghistorical and current information:
(a)Which AT&T entity originally occupied the conduit after execution of the
applicable license.
(b)Identify all AT&T entities that subsequently occupied any of the Idaho
conduit,and provide the date on which another AT&T entitybegan to occupy
some or all of the conduit.
(c)In those cases when another AT&T entityoccupied the conduit in addition
to The American Telephone &TelegraphCompany,did that other entity place
new facilities or take over (either by lease,purchase or otherwise)the facilities
originally placed in the conduit?
(d)Which AT&T entities (including AT&T entities who are not
complainants in this case)currentlyoccupy the conduit and in what amounts?
(e)For each section of conduit occupied by any AT&T entityin Idaho,
identifywhich AT&T entitybooks the expense related to conduit the rental.
(f)To the extent an AT&T entityother than The American Telephone and
TelegraphCompany occupies any of those conduits,state the date upon which
notice was provided to Qwest or its predecessors notifying 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 TelegraphCompany.
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 15
Boise-177708.1 0029164-00106
REQUESTFOR 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.
INTERROGATORY NO.20:Referring to paragraphs 8 and 9 of the Complaint,for
each section of conduit identified in your responses to Interrogatories 17 and 18,identify
whether the AT&T entitythat 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.
INTERROGATORY NO.21:Has AT&T Communications of the Mountain States,
Inc.ever ordered conduit from Qwest pursuant to an interconnection 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.
REQUESTFOR PRODUCTION NO.16:Referring to your response to Interrogatory
No.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.
INTERROGATORY NO.22:Has AT&T Corp.ever ordered conduit from Qwest
pursuant to an interconnection agreement between it and Qwest (or a Qwest predecessor)in
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES ANDREQUESTSFORPRODUCTIONOFDOCUMENTSTOAT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 16
Boise-177708.1 0029164-00106
Idaho?If so,state the date of each order and provide a specific description of the conduit
ordered.
REQUESTFOR PRODUCTION NO.17:Referring to your response to Interrogatory
No.22,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.
INTERROGATORY NO.23:With regard to Article 18-Assignmentof Rights
(contained in Exhibit 2,page 13 attached to the Complaint),do you contend that The American
Telephone and Telegraph Company or AT&T Corp.complied with this provision in allowing
any of its affiliates to use the conduit?If so,please describe the measures taken by The
American Telephoneand Telegraph Company or AT&T Corp.to comply,including the types of
communications exchanged,the persons involved in the communications and the dates of the
communications you contend constitute compliance.If you do not contend that The American
Telephone and Telegraph Company or AT&T Corp.complied with Article 18,explain why that
was not done.
REQUESTFOR PRODUCTION NO.18:Provide copies of all requests for
assignment made by The American Telephone and Telegraph Company,AT&T Corp.,or any
other AT&T affiliated entity to allow AT&T Communications of the Mountain States,Inc.or
any other AT&T affiliate to use the conduit pursuant to the General License Agreement.
REQUESTFOR PRODUCTION NO.19:Provide copies of all Qwest responses to
requests for assignment made by The American Telephone and Telegraph Company,AT&T
Corp.,or any other AT&T affiliated entity,which either allowed or denied AT&T
Communications of the Mountain States,Inc.or any other AT&T affiliate to access the conduit
pursuant to the General License Agreement.
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 17
Boise-177708.1 0029164-00106
INTERROGATORY NO.24:What portion of the Idaho conduit is occupied by AT&T
Corp,AT&T Communications of the Mountain States,Inc.or any other AT&T entity?
INTERROGATORY NO.25:With regard to paragraph 18 of the Complaint,provide a
specific description of the efforts of Complainants or any other AT&T entity to renegotiate
conduit rental rates with Qwest in Idaho.In that regard,please describe what specifically
happened in February 2000.
INTERROGATORY NO.26:Referring to paragraph 21 of the Complaint,please
identify each AT&T entity that "competes directly"with Qwest "in providing local exchange ...
telecommunications service in the state of Idaho"and describe the form of competition (i.e.,
resale,unbundled elements,CLEC-owned facilities etc.),the geographic areas in which
competition is present,and which sections of the Qwest conduit,if any,are used in the provision
of such local exchange service.
REQUESTFOR PRODUCTION NO.20:Provide copies of all documents in the
possession of Complainants relating to the attempted negotiations described in paragraph 18 of
the Complaint.
INTERROGATORY NO.27:In its Prayer for Relief,subparagraph c.,on page 8 of the
Complaint,the Complainants seek recovery back to September 15,1998,a date that is described
as "when Qwest committed to providing AT&T with non-discriminatory rates."Describe in
detail the act that Qwest allegedly committed on September 15,1998 that allegedly resulted in
Qwest's commitment to provide non-discriminatory rates.
REQUESTFOR PRODUCTION NO.21:Provide all documents in Complainants'
possession that support the claim made in subparagraph c of Complainants'Prayer for Relief.
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 18
Boise-177708.1 0029164-00106
REQUESTFOR PRODUCTION NO.22:Provide all documents in Complainants'
possession that support a claim that Qwest has denied AT&T Communications of the Mountain
States,Inc.access to conduit under interconnection agreement between the two companies,
including any documentation that Qwest has denied orders made by AT&T Communications of
the Mountain States,Inc.,to Qwest for such conduit pursuant to the interconnection agreements
between AT&T Communications of the Mountain States,Inc.and Qwest.
INTERROGATORY NO.28:With regard to complainant's request for attorneys'fees
(Prayer for Relief,subparagraph d),identify (1)all contractual provisions upon which
Complainants rely for such relief;(2)all statutory provisions upon which Complainants rely for
such relief;and (3)all IPUC orders or regulations upon which Complainants rely for such relief.
RESPECTFULLY SUBMITTED this 10th day of November,2004.
Mary S bson
Stoel es LLP
Adam L.Sherr
Qwest Corporation
Attorneysfor Qwest Corporation
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 19
Boise-l77708.1 0029164-00106
CERTIFICATE OF SERVICE
I hereby certifythat on this 10th day of November,2004,I served the foregoing QWEST
CORPORATION'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR
PRODUCTION OF DOCUMENTS TO AT&T CORP.,AND AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES,INC.upon all parties of record in
this matter as follows:
Jean D.Jewell X Hand Delivery
Idaho Public Utilities Commission U.S.Mail
472 West Washington Street Overnight Delivery
P.O.Box 83720 Facsimile
Boise,ID 83702 Email
Telephone[phone]
Facsimile:[phone]
[e-mail]
Weldon Stutzman _X_Hand Delivery
Idaho Public Utilities Commission U.S.Mail
472 West Washington Street Overnight Delivery
P.O.Box 83720 Facsimile
Boise,ID 83720-0074 Email
Telephone [phone]
Facsimile:[phone]
[e-mail]
Meredith R.Harris Hand Delivery
AT&T Corp._X_U.S.Mail
One AT&T Way Overnight Delivery
Bedminster,NJ 07921 Facsimile
Telephone:[phone] Email
Robert M.Pomeroy Hand Delivery
Holland &Hart LLP X U.S.Mail
8390 East Crescent Parkway -Suite 400 Overnight Delivery
Greenwood Village,CO 80111-2800 Facsimile
Telephone:[phone] Email
Facsimile:[phone]
[e-mail]
Attorneyfor AT&T Corp.&AT&T Comm.
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 20
Boise-177708.1 0029164-00106
T.Scott Thompson Hand Delivery
Brian M.Josef X U.S.Mail
Rita Tewari Overnight Delivery
Cole,Raywid &Braverman Facsimile
1919 PennsylvaniaAvenue NW -2nd Floor Email
Washington,DC 20006
Telephone:[phone]
Attorney for AT&T Corp.&AT&T Comm.
Mary V.York _X_Hand Delivery
Holland &Hart LLP U.S.Mail
101 South Capitol Boulevard -Suite 1400 Overnight Delivery
P.O.Box 2527 Facsimile
Boise,ID 83701 Email
Telephone:[phone]
Facsimile:[phone]
[e-mail]
Attorneyfor AT&T Corp.&AT&T Comm.
Mary S.H son
Stoel Rives LLP
QWEST CORPORATION'S FIRST SET OF INTERROGATORIES AND
REQUESTSFOR PRODUCTION OF DOCUMENTS TO AT&T CORP.,
AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES,INC.-Page 21
Boise-177708.1 0029164-00106