Loading...
HomeMy WebLinkAbout20030808Discovery Requests to Clear Talk by ITA.pdf=c~~;VEO r" , Conley Ward, ISB #1683 GIVENS PURSLEY, LLP 277 North 6th Street, Suite 200 O. Box 2720 Boise, ID 83701 (208) 388-1200 "'" ""'0 0 D" I. ! \;: OJ i n q. ,- . - ': , ( (: I nN;'Tll i '~ l,J,IIJ-J'viU;,~ Attorneys for Idaho Telephone Association BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE PETITION OF CASE NOS. GNR-03- rAT COMMUNICATIONS , INC. DBA : GNR-03- NTCH-IDAHO, INe. OR CLEAR TALK FOR I DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER. IN THE MATTER OF THE APPLICATION OF NPCR, INC. DBA NEXTEL PARTNERS I SEEKING DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER. COMPLAINANT'S DISCOVERY REQUESTS TO CLEAR TALK. YOU WILL PLEASE TAKE NOTICE that The Idaho Telephone Association ITA"), requests that IAT Communications, Inc. DBA NTCH-Idaho, Inc. or Clear Talk Clear Talk") answer, the following Discovery Requests in accordance with the Idaho Public Utilities Commission s Rules of Procedure. Definitions and Instructions The interrogatories and document requests are governed by the following definitions and instructions: Definitions You , " your" or "Clear Talk" - Means or pertains to the named respondent in this matter and includes, without limitation, Clear Talk, its IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK- officers, directors , employees, agents, attorneys, corporate subsidiaries and affiliates Persons" - Means any and all natural persons, corporations, businesses firms, companies, partnerships, unincorporated associations, governmental or public agencies, joint ventures and all other entities, including, without limitation, all employees, representatives, consultants and agents of any of the foregoing. Designated Areas" - Means the areas served by Albion Telephone Company, Citizens Telecommunications Company of Idaho, Filer Mutual Telephone Company, Fremont Telecom, and Project Mutual Telephone Cooperative Association, Inc., and the Fort Hall Indian Reservation. Documents" - Means any and all written, electronic or graphic matter, of any kind or description, however created, produced, reproduced or stored whether sent or received, or whether originals, copies or drafts, including, but not limited to, every side of every page of all letters, papers, books correspondence, bulletins, circulars, instructions, telegrams, cables, telex messages, facsimiles, memoranda, notes, notations, work papers transcripts, minutes, reports, recordings of notes or meetings, conferences interviews or telephone or other conversations, affidavits, statements summaries, opinions, studies, analyses, evaluations, work sheets contracts, agreements, journals, statistical records , desk or pocket calendars, appointment books, diaries, lists, tabulations, advertisements sketches, drawings, blue prints, catalogs, audio or video records IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK- photographs, computer printouts, e-mail transmissions, data processing input and output, deeds, microfilm, all other records kept by electronic photographic or electrical means, and things similar to any of the foregoing however denominated. Relating to" or "Relate( s) to" - Means directly or indirectly mentioning, consisting of, evidencing, describing, referring to, pertaining to, being connected with, or reflecting upon the stated subject matter. The words "any" and "all" shall be considered to include each and every. The singular of any word shall include the plural and the plural of any word shall include the singular. The word "expert" as used herein includes any person who will be offering expert testimony on behalf of Clear Talk or who has been consulted or relied upon by any person who assisted in the preparation of the responses to these interrogatories and document production requests or who will be offering testimony on behalf of Clear Talk in this matter. Instructions In answering these interrogatories and document requests, you are required to furnish all information that is available to you, or subject to your reasonable inquiry, including the information in the possession of you, your attorneys or other persons directly, or indirectly employed by, or connected with, you or your attorneys, and anyone else other wise subject to your control. In answering each interrogatory and document request: IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK- Identify by title, heading or caption, date, sender, recipient, location and custodian, each Document relied upon, reviewed or which forms a basis for the response given or which corroborates or Relates to the response given or the subject of what is given in response to these discovery requests; State whether the information furnished is within the personal knowledge of the person responding and, if not, the name, if known, of each person to whom the information is a matter of personal knowledge; Identify each person who assisted or participated in preparing and/or supplying any of the information given in response to or relied upon in preparing responses to these discovery requests; Where a discovery request calls for a response in multiple parts, each part should be separated in the response so that the response is clearly understandable and complete; Where the name or identity of a person is requested, state the full name business address, and any telephone numbers of each person; If any of your responses require the production of documents, label the documents to indicate the discovery request to which you are responding. If you object to the production of any Document called for in these document requests, for each such Document state the following: (1) the reasons for the objection and any facts supporting the objection; (2) give a description of each Document including, without limitation, the date, sender, recipient(s), persons to whom copies have been furnished, job titles of each of the persons, subject matter of the Document, number of pages of the Document, the number(s) of the request to which such Document is IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR T ALK- responsive and the identity of the person in whose custody the Document is presently located. If any Document is withheld under claim of privilege or work product furnish a list identifying each Document for which the privilege or work product is claimed, together with the following information for each such Document: date, sender recipient(s), persons to whom copies were furnished, job titles of each of those persons subject matter of the Document, number of pages of the Document, the bases on which the privileges or work product is claimed, the paragraph(s) of these requests to which the Document responds, the person in whose custody the Document is presently located, and whether any matter that is not privileged or is not work product is discussed or mentioned in each Document. If any Document requested was, but is no longer in the possession or subject to the control of Clear Talk, or is no longer in existence, state whether it: (1) is missing or lost; (2) has been destroyed; (3) has been transferred voluntarily or involuntarily to others and state the identity of the persons to whom it has been transferred; (4) has otherwise been disposed of, or in each instance explain the circumstances surrounding such disposition, state the date or approximate date thereof and the identity of the persons with knowledge of such circumstances; (5) identify the Documents that are missing, lost, destroyed, transferred or otherwise disposed of, by author, date, subject matter, addressee(s), and the number of pages. If you do not clearly understand, or have any questions about, these definitions, instructions interrogatories or requests, contact counsel for Idaho Telephone Association promptly for clarification. IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK- These Discovery Requests are continuing in nature and require supplemental responses upon the discovery or receipt of new or additional information. INTERROGATORIES AND PRODUCTION REQUESTS REQUEST : Please state the total number of Clear Talk subscribers in each of the requested Designated Areas, identifying these customers as either business or residence users. REQUEST 2 : Please state the number of Idaho subscribers Clear Talk currently serves to in all areas outside the requested Designated Areas, identifying these customers as either business or residence users. REQUEST 3 : Please describe the various rate plans and services Clear Talk provides to its customers, including all rate plans, measured usage services, roaming charges, product lines, service bundles, and features. REQUEST 4: Please provide copies of the documents relating to Clear Talk' decision to file for ETC status in the state of Idaho , including but not limited to memorandums, board of director minutes, management presentations, correspondence and financial analysis and forecasts. REQUEST 5 : What is Clear Talk's monthly average revenue per Idaho subscriber for the six month period ending June 30, 2003 and for fiscal years 2002 IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK- including in the calculation all revenues from all classes of plans, features, equipment fees and sales, roaming charges, and any other subscriber fees. REQUEST 6: Please state Clear Talk's total debt-to-equity ratio at June 30, 2003 and state the dollar amounts supporting such ratio. REQUEST 7 : Please describe each and every loan facility, funding instrument promissory note, or other form of short-term or long-term indebtedness incurred by Clear Talk, including in such description, where applicable, the type of instrument, the dollar amount, interest rate and due dates, amount of origination fees, terms governing repayment, collateral subject to security agreements, the value of the secured collateral record of missed payments, penalties for missed payments, notice of default, and any restrictive covenants that either cap the company s indebtedness or require the lender approval prior to assuming more debt. REQUEST 8 : Please state Clear Talk's debt-service ratio, meaning the ratio of EBITDA (Earnings Before Interest, Taxes, Depreciation, and Amortization) to all principal payments on long-term debt, plus pro forma cash interest expense for the next succeeding four fiscal quarters. REQUEST 9 : Please describe all debt securities issued by Clear Talk, including amounts, maturities and interest rate or original purchase discount. IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK- REQUEST 10: Please state whether the loan covenants or stock restrictions of any affiliates in any way restrict or limit Clear Talk's ability to raise capital, whether through debt or equity, explaining the nature of such restriction or limitation. REQUEST 11 : Please provide copies of all reports or analysis issued by rating agencies on Clear Talk', including, but not limited to, Standard & Poors Ratings Services for the prior three years. REQUEST 12: Please describe Clear Talk's affiliate status, i., explain Clear Talk's relationship to any up-stream or down-stream affiliates, including any parent holding company, or cross-affiliate. REQUEST 13 : Please describe any pending litigation, arbitration or other disputes that could potentially affect Clear Talk's ability to provide the supported services in the requested Designated Areas of the state ofIdaho. REQUEST 14 : Please provide copies of Clear Talk's financial statements for the six months ended June 30, 2003 and audited financial statements for the fiscal years 2002 2001 , and 2000. REQUEST 15 : Please provide copies of all financial reports on Clear Talk' operations in Idaho for the six months ended June 30, 2003 and for the fiscal years 2002. IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR T ALK- REQUEST 16 : Please provide copies of internal management reports analyzing Clear Talk's financial and operational performance on a monthly, quarterly, or annual basis for the six months ended June 30, 2003 and for the fiscal years 2002. REQUEST 17 : Please provide details identifying by type of equipment and location Clear Talk's budgeted capital expenditures for the state ofIdaho for fiscal year 2003 and 2004. REQUEST 18 : Please provide copies of Clear Talk's state of Idaho income tax returns for the fiscal years 2002. REQUEST 19: Please provide copies of internal reports analyzing customer service and billing complaints for the past twenty-four months ending June 30, 2003. REQUEST 20 : Please provide copies of internal reports analyzing customer churn for the past twenty-four months ending June 30, 2003. REQUEST 21 : Please provide copies of internal reports or studies analyzing propagation and wireless coverage in the requested Designated Areas disclosing signal strength, areas not covered, and dead spots. IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK- REQUEST 22: Please provide copies of financial budgets or forecasts detailing or describing the use of proceeds from the USAC in the event Clear Talk's ETC application is approved for the requested Designated Areas in Idaho. REQUEST 23 : Please describe the financial and other controls that will be put in place to ensure that USF funds collected from the USAC are used for their intended purposes and will not be diverted to other corporate purposes. REQUEST 24: Please provide details of Clear Talk's specific plans to extend its network in each of the requested Designated Areas. REQUEST 25 : Please provide details as to the amount of local usage that will be included in Clear Talk's proposed universal service offering in the requested Designated Areas. REQUEST 26 : Please identify each of Clear Talk's competitors in the requested Designated Areas. REQUEST 27: Please provide copies of documents showing Clear Talk' estimated market share for the entire company, state of Idaho, and in the requested Designated Areas. IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK-l 0 REQUEST 28: Please describe the analysis that will be undertaken when a customer requests service in an area not currently served by Clear Talk', but within the requested Designated Area. REQUEST 29 : Please identify the specific media that would be utilized to advertise the nine supported services and the amount of advertising funds that would be expended during the first twelve months following the Commission s approval of the application. REQUEST 30 : Please describe specifically how approval of Clear Talk' application will increase competition and customer choice. REQUEST 31 : Please identify and explain any and all public interests, other than interest in increased competition, that would be furthered by granting Clear Talk's ETC requests. REQUEST 32 : If Clear Talk is granted ETC status by the Idaho Public Utilities Commission, would the company comply with quality of service, pricing and other guidelines and requirements required by the Commission as a condition of approval of the application. IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK- REQUEST 33 : Please provide details on any known instances in the requested Designated Areas where end users are currently not receiving the nine supported services contained in the FCC's definition of universal service. REQUEST 34 : Does Clear Talk have interconnection agreements with the incumbent LECs serving the Designated Areas? Please furnish copies of any such agreements. REQUEST 35 : Does Clear Talk have reciprocal compensation agreements with the incumbent LECs serving the Designated Areas? Please furnish copies of any such agreements. State the amounts paid and received by Clear Talk pursuant to such agreements, by month, for 2002 and the first half of2003. REQUEST 36 : If Clear Talk does not have interconnection agreements or reciprocal compensation agreements with the incumbent LECs in the Designated Areas please explain how the incumbent LECs are compensated for the termination of calls originated by Clear Talk customers to the incumbent LECs' customers. REQUEST 37 : Please explain why requiring equal access to interexchange carriers (IXCs) for Clear Talk customers as a condition ofETC status would not (1) promote competition and (2) serve the public interest. IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK- REQUEST 38 : Does Clear Talk permit its customers to use dial around calling (10-xxx) to reach IXCs? Ifso, what charges do Clear Talk customers incur for dial around? REQUEST 39 : Does Clear Talk intend to meet its ETC obligations, in whole or in part, by reselling or leasing incumbent LEC loops or unbundled network elements? , please describe Clear Talk's plans. REQUEST 40 : If Clear Talk is granted ETC status in the Designated Areas should subsequent applicants also be granted ETC status upon substantially the same showing and on similar terms and conditions? Please explain your answer in detail. REQUEST 41:Is there any limit to the number of additional ETC designations that should be granted in the Designated Areas? Please explain your answer in detail. REQUEST 42: If Clear Talk's Application is granted and the ILECs in one or more of the Designated Areas thereafter decide to relinquish their ETC designations in the highest cost portions of their service areas, is Clear Talk prepared to, and willing to provide carrier of last resort service to all customers in any such relinquished area without exceptions or preconditions. If your answer is anything other than "yes " please explain. DATED this tl1L--day of August, 2003. IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK~13 GIVENS PURSLEY LLP Attorneys for IDAHO TELEPHONE ASSOCIATION By: IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK- CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 'Ut--d ay of August, 2003, I caused a true and correct copy of the foregoing COMPLAINANT'S DISCOVERY REQUESTS TO NEXTEL to be served by the method indicated below, and addressed to the following: Jean Jewell Idaho Public Utilities Commission 472 West Washington Street Post Office Box 83720 Boise, Idaho 83720-0074 US. Mail Hand Delivery Overnight Facsimile Molly O'Leary, Esq. Richardson & O'Leary, PLLC 99 East State Street, Suite 200 Eagle, Idaho 83616 US. Mail Hand Delivery Overnight Facsimile Sean P. Farrell, Esq. IA T Communications, Inc. NTCH-Idaho Inc., dba Clear Talk 703 Pier Avenue, Suite B, PMB 813 Hermosa Beach, California 90254 US. Mail Hand Delivery Overnight Facsimile Dean J. Miller, Esq. 420 West Bannock Post Office Box 2564-83701 Boise, Idaho 83702 US. Mail Hand Delivery Overnight Facsimile Philip R. Schenkenberg, Esq. 2200 First National Bank Building 332 Minnesota Street St. Paul, Minnesota 55101 US. Mail Hand Delivery Overnight Facsimile Lance A. Tade, Manager State Government Affairs Citizens Telecommunications Company of Idaho 4 Triad Center, Suite 200 Salt Lake City, Utah 84180 x U.S. Mail Hand Delivery Overnight Facsimile Morgan W. Richards Moffat, Thomas, Barrett, Rock& Fields Chartered 101 S. Capitol Boulevard, 10th Floor Post Office Box 829 Boise, Idaho 83701 x U.S. Mail Hand Delivery Overnight Facsimile IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK- Robert M. Nielsen 548 E. Street Post Office Box 706 Rupert, Idaho 83350 Charles H. Creason, Jr. President and General Manager Project Mutual Telephone Cooperative Association, Inc. 507 G Street Post Office Box 366 Rupert, Idaho 83350 US. Mail Hand Delivery Overnight Facsimile US. Mail Hand Delivery Overnight Facsimile '1i~~ Lauren Paul IDAHO TELEPHONE ASSOCIATION'S DISCOVERY REQUESTS TO CLEAR TALK-