200309031st Response of IAT to Citizens.pdf

08/25/2003 MON 15: 29 FAX [phone]i904 RICHARDSON OLEARY 141 002/011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MA TIER OF THE PETITION OF
lA T COMMUNICATIONS, INC., d.
NTCH-IDAHO, INC. OR CLEAR TALK
FOR DESIGNATION AS AN ELIGffiLE
TELECOMMUNICA nONS CARRIER
IN THE MA ITER OF THE APPLICATION
OF NPCR, INC. d.a. NEXTELPARTNERS
SEEKING DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS
CARRIER
Case No. GNR-O3-
Case No. GNR-O3-
OBJECTIONS OF IAT
COMMUNICATIONS, INC. ("CLEAR
TALK") TO DISCOVERY REQUESTS
OF CITIZENS
TELECOMMOUNCATIONS
COMPANY OF IDAHO
IA T Communications, Inc. ("Clear Talk") hereby objects to Citizens Telecommunications
Company of Idaho s First Set of Discovery Requests as follows:
uest No.Objection(s)
1. Please provide a copy of the responses of Clear Talk to any discovery requests of all
other parties in this proceeding. This request is ongoing.
Clear Talk will attempt to provide infonnaUon responsive to this request.
2. Identify the number of current Clear Talk customers that have a billing address in
each respective wire center served by Citizens in the area in which Clear Talk is seeking
ETC status.
Clear Talk will attempt to provide information responsive to this request.
3. Identify the number, including zero as appropriate, of ~urrcnt Clear Talk customers
that have a billing address in each respedivc wire center served by Citizens in the area in
which Clear Talk is not seeking ETC status.
Clear Talk objects to this request on the grounds that it seeks infonnation which is not
relevant and/or is not reasonably calculated to lead to the discovery of admissible evidence, and
CLEAR TALK'S OBJECTIONS TO
CITIZENS' FIRST SET OF DISCOVERY -
08/25/2003 MON 15: 29 FAX [phone]i904 RIC~~RDSON OLEARY 141 003/011
is intended to vex, annoy or harass the responding party. Insofar as Clear Talk's Application is
limited to the Designated Areas, Clear Talk is not required to produce infonnation regarding
subscribers in other areas.
4. Identify the NPA-NXXs currently assigned to Clear Talk that will be used to serve
customers in the area in which Clear Talk is seeking ETC status.
Clear Talk will attempt to provide infonnation responsive to this request.
S. Identify which NP A-NXXs are currently assigned to customers in each respective
wire center served by Citizens in the area in which Clear Talk is seeking ETC status.
Clear Talk will attempt to provide infonnation responsive to this request.
6. Identify the location by street address of all towers/ antenna used to serve Clear
Talk customers in each respective wire center served by Citizens in the area in which Clear
Talk is seeking ETC status.
Clear Talk will attempt to provide infonnation responsive to this request.
7. Identify the number and address of all new cell site tower/antenna placed in service
in Idaho by Clear Talk, respectively, in 2002 and 2003.
Clear Talk objects to this request as vague and ambiguous, and as being
burdensome to the extent it requires a compilation. Notwithstanding the foregoing objections
Clear Talk will attempt to produce materials responsive to this request, insofar as such materials
currently exist, to parties who have executed a confidentiality/non-disclosure agreement
acceptable in fonn to Clear Talk.
8. For each cell site tower/antenna identified in response to Request No.7, identify the
time frame in weeks, from the identification of a need for a cell site tower/antenna to the
completion and turn up of the tower/antenna.
Clear Talk objects to this request on the grounds that it seeks information which is not
relevant and/or is not reasonably calculated to lead to the discovery of admissible evidence, and
is intended to vex, annoy or harass the responding party. Clear Talk further objects on the
grounds that this request is burdensome and requires a compilation. Notwithstanding the
foregoing objections, Clear Talk will attempt to provide infonnation responsive to this request.
9. For each cell site tower/antenna identified in response to Request No.7, identify any
government consent, permit or approval that was required to construct or place facilities
on or to the tower from federal, state or local government or regulatory authorities.
Identify the time frame in weeks, from the identifkation of a need for a cell site
CLEAR TALK'S OBJECTIONS TO
CITIZENS' FIRST SET OF DISCOVERY - 2
08/25/2003 MON 15: 30 FAX [phone]i904 RICHARDSON OLEARY 141 004/011
tower/antenna to the receipt of the government consent, permit or approval for each cell
site tower/antenna.
Clear Talk objects to this request on the grounds that it seeks infonnation which is not
relevant and/or is not reasonably calculated to lead to the discovery of admissible evidence, and
is intended to vex, annoy or harass the responding party. Clear Talk further objects on the
grounds that this request is burdensome, duplicative and requires a compilation. Clear Talk
fwther objects that the information sought is equally available to the requesting party.
10. Identify the number and addresses in Idaho where Clear Talk plans to build cell site
tower/antenna in 2003, 2004, and 1005. Differentiate the towers that would be constructed
without universal service funding and with universal service funding assuming ETC
designation was obtained.
Clear Talk objects to this request on the grounds that it requires speculation and seeks
confidential and proprietary information regarding Clear Talk's business plans. Notwithstanding
the foregoing objections, Clear Talk intends to provide information regarding its existing
buildout plans to parties who have executed a confidentiality/non-disclosure agreement
acceptable in form to Clear Talk.
11. For each cell site tower/antenna identified in response to Request No. 10, identify
the estimated time frame in weeks to complete construction and turn up of the
tower/antenna for each cell site tower/antenna.
Clear Talk objects to this request on the grounds that it requires speculation.
Notwithstanding the foregoing objection, Clear Talk intends to provide information regarding its
existing buildout plans to parties who have executed a confidentiality/non-disclosure agreement
acceptable in form to Clear Talk.
11. For each cell site tower/antenna identified in response to Request No. 10, identify
any government consent, permit or approval that will be required to construct or place
facilities on the tower from federal, state or local government or regulatory authorities.
Estimate the time frame in weeks to obtain the government consent, permit or approval for
each cell site tower/antenna.
Clear Talk objects to this request on the grounds that it seeks information equally
available to the requesting party, is burdensome and requires a compilation, and requires
speculation.
CLEAR TALK'S OBJECTIONS TO
CITIZENS' FIRST SET OF DISCOVERY -
08/25/2003 MON 15: 30 FAX [phone]i904 RICHARDSON OLEARY 141 005/011
13. For each cell site tower/antenna identified in response to Request Nos. 7 and 10,
provide the capa~ity limits and the number of lines each is able to serve.
Clear Talk objects to this request on the grounds that it is burdensome and requires a
compilation, and requires speculation. Notwithstanding the foregoing objections, Clear Talk
will attempt to provide infonnation responsive to this request.
14. Identify any resale agreements Clear Talk currently has in place in Idaho with
ILECs in the area in which Clear Talk is seeking ETC status.
Clear Talk objects to this request as vague and ambiguous. Notwithstanding the
foregoing objection, Clear Talk will attempt to provide infonnation responsive to this request.
15. Describe any supplemental equipment (e.g. yagi antennas) Clear Talk plans to
deploy to increase its coverage area and/or enhance sernce to customers in the area
which Clear Talk is seeking ETC status:
What is the cost to deploy;
How long does it take to deploy;
Will the supplemental equipment be made available to every Clear
Talk customer requesting one; and
What will customers be charged for the equipment?
Clear Talk objects to this request insofar as it requires speculation. Notwithstanding the
foregoing objections, Clear Talk will attempt to provide infonnation responsive to this request.
16. WilI3-watt phones be made available to all Clear Talk customers requesting a 3-
watt phone? What will customers be charged for the 3-watt phone?
Clear Talk objects to this request on the grounds that it seeks information which is not
relevant and/or is not reasonably calculated to lead to the discovery of admissible evidence,
Clear Talk further objects to this request as vague and ambiguous. Notwithstanding the
foregoing objections, Clear Talk will attempt to provide infonnation responsive to this request.
CLEAR TALK'S OBJECTIONS TO
CITIZENS' FIRST SET OF DISCOVERY - 4
08/25/2003 MON 15: 31 FAX [phone]i904 RICHARDSON OLEARY 141 006/011
17. Will Clear Talk provide service to all requesting customers in each respective wire
center served by Citizens in the area in which Clear Talk is seeking ETC status?
Clear Talk objects to this request as vague and ambiguous. Notwithstanding the
foregoing objections, Clear Talk will attempt to provide infonnation responsive to this request.
18. Are there any blind spots in Clear Talk's service area in Idaho that would prevent
Clear Talk from providing those services it must provide to be designated an ETC?
Clear Talk objects to this request on the grounds that it seeks information which is not
relevant and/or is not reasonably calculated to lead to the discovery of admissible evidence
insofar as the Federal Communications Commission has already ruled that alleged "dead spots
are not relevant for purposes of evaluating applications for E.C. designation.
19. Docs Clear Talk need additional interconnection agreements to provide universal
services throughout the areas in which Clear Talk is seeking ETC status? Please describe
in detail.
Clear Talk objects to this request as vague and ambiguous and requiring speculation.
Notwithstanding the foregoing objections, Clear Talk will attempt to provide infonnation
responsive to this request.
20. Please describe in detail how Clear Talk terminates calls to Citizens where no
interconnection agreement is in place? How is Citizens compensated for terminating this
traffic?
Clear Talk objects to this request on the grounds that it seeks information which is not
relevant and/or is not reasonably calculated to lead to the discovery of admissible evidence.
Clear Talk further objects to this request on the grounds that it requires speculation and may seek
infonnation that is equally or exclusively available to the requesting party. Notwithstanding the
foregoing objections, Clear Talk will attempt to provide information responsive to this request.
21. Please provide a map or a chart of the areas of Idaho currently served or covered by
Clear Talk's service, depicting maximum range boundaries and terrain limitations.
Clear Talk will attempt to provide infonnation responsive to this request.
22.What percentage of Clear Talk's service offerings will be provided through:
resale of wireline services; and
CLEAR TALK'S OBJECTIONS TO
CITIZENS' FIRST SET OF DISCOVERY. 5
08/25/2003 MON 15: 31 FAX [phone]i904 RICHARDSON OLEARY 141 OOi /011
b. purchase of unbundled network elements form wireline telecommunications
providers?
Clear Talk objects to this request as being vague and ambiguous and requiring
speculation. Notwithstanding the foregoing objections, Clear Talk will attempt to provide
information responsive to this request.
23. What services will Clear Talk provided to its customers as an ETC that it does not
currently provide in the areas it is seeking ETC status?
Clear Talk will attempt to provide information responsive to this request.
24. Is Clear Talk requesting that the Commission redesignate service areas in Idaho?
yes, please explain the details of the request.
Clear Talk objects to this request as being vague and ambiguous and requiring
speculation. Notwithstanding the foregoing objections, Clear Talk wjlJ attempt to provide
information responsive to this request.
25.Please describe the fax service Clear Talk provides to customers.
Clear Talk objects to this request as being vague and ambiguous and as seeking
infonnation that is not relevant insofar as Clear Talk is not statutorily required to provide fax
service as a condition of being designated as an E.C. Notwithstanding the foregoing
objections, Clear Talk will attempt to provide information responsive to this request.
26. At what transmission speed does Clear Talk's network allow for the transmission of
fax and data services?
Clear Talk objects to this request as being vague and ambiguous and as seeking
information that is not relevant insofar as Clear Talk is not statutorily required to provide fax and
data services as a condition of being designated as an E.C. Notwithstanding the foregoing
objections, Clear Talk will attempt to provide information responsive to this request.
27.Can broadcast fax transmissions be sent over Clear Talk's network in Idaho?
Clear Talk objects to this request as being vague and ambiguous and as seeking
infonnation that is not relevant insofar as Clear Talk is not statutorily required to provide
broadcast fax transmission services as a condition of being designated as an E.
Notwithstanding the foregoing objections, Clear Talk will attempt to provide infonnation
responsive to this request.
CLEAR TALK'S OBJECTIONS TO
CITIZENS' FffiST SET OF DISCOVERY - 6
08/25/2003 MON 15: 32 FAX [phone]i904 RICHARDSON OLEARY 141 008/011
28. Do Clear Talk customers require additional equipment to send/receive a fax over
Clear Talk's network?
Clear Talk objects to this request as being vague and ambiguous and as seeking
infonnation that is not relevant insofar as Clear Talk is not statutorily required to provide fax
service as a condition of being designated as an E.C. Notwithstanding the foregoing
objections, Clear Talk will attempt to provide infonnation responsive to this request.
29. Can Clear Talk customers access the Internet via the Clear Talk Network? If so,
what are thc average connect speeds for Internet calls?
Clear Talk objects to this request as being vague and ambiguous and as seeking
information that is not relevant insofar as Clear Talk is not statutorily required to provide
Internet access as a condition of being designated as an E.C. Notwithstanding the foregoing
objections, Clear Talk will attempt to provide infonnation responsive to this request.
30. Will Clear Talk follow the Idaho Public Utilities Commission s service quality
rules?
Clear Talk objects to this request as being rhetorical and intended to vex, annoy or harass
Clear Talk, insofar as it presumes that Clear Talk will fail or refuse to comply with applicable
service quality rules.
31. Does Clear Talk plan to open customer service centers in communities throughout
its designated service area?
Clear Talk further objects to this question as intending to vex, annoy or harass Clear Talk
insofar as the question presumes that Clear Talk would violate and/or fail to comply with
applicable ETC rules and regulations. Clear Talk further objects to this request on the grounds
that it requires speculation and presumes that the Commission might seek to impose additional
non-statutory conditions upon any approval of Clear Talk's Application.
32. Does Clear Talk plan to comply with the Commission s Customer Relations Rules.
including the Commission s resolution process for complaints escalated to the
Commission?
Clear Talk objects to this question as intending to vex, annoy or harass Clear Talk insofar
as the question presumes that Clear Talk would violate and/or fail to comply with applicable
ETC rules and regulations. Clear Talk further objects to this request on the grounds that it
requires speculation and presumes that the Commission might seek to impose additional, non-
statutory conditions upon any approval of Clear Talk's Application.
CLEAR TALK'S OBJECTIONS TO
CITIZENS' FIRST SET OF DISCOVERY - 7
08/25/2003 MON 15: 32 FAX [phone]i904 RICHARDSON OLEARY 141 009/011
33. If Citizens or another ILEC werc to relinquish its designation as an ETC in any
exchange in which Clear Talk seeks ETC status, could, and how would, Clear Talk
substitute for the ILEC in the provision of service to all customers?
Clear Talk objects to this request on the grounds that it requires speculation. Insofar as
Clear Talk is not aware of any showing of a relinquishment - aetual or threatened - by any
ILEC(s) in any exchange in which Clear Talk seeks ETC status, any response to this request
would be purely speculative.
RESPECTFULLY SUBMmED, this 25th day of August, 2003.
RiChardson~ O'Leary P.LLC.
CLEAR TALK'S OBJECTIONS TO
CITIZENS' FIRST SET OF DISCOVERY - 8
08/25/2003 MON 15: 33 FAX [phone]i904 RICHARDSON OLEARY 141 010/011
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 25th day of August, 2003 , I caused a true and
correct copy of the foregoing CLEAR TALK'S OBJECTIONS TO DISCOVERY
REQUESTS OF CITIZENS TELECOMMOUNCA TIONS COMPANY OF IDAHO to be
served by the method indicated below, and addressed to the following:
Jean Jewell
Idaho Public Utilities Conunission
472 West Washington Street
Post Office Box 83720
Boise, Idaho 83720-0074
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Facsimile
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Dean J. Miller, Esq.
420 West Bannock
Post Office Box 2564-83701
Boise, Idaho 83702
[phone] (Fax)
i oelWmcdevitt-miller .eom
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Philip R. Schenkenberg, Esq.
2200 First National Bank Building
332 Minnesota Street
St. Paul, Minnesota 55101
pschenkenberJ'!;~bri ggs. com
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Conley Ward
Givens Pursley LLP
277 North 6th Street, Suite 200
Post Office Box 2720
Boise, Idaho 83701
[phone] (Fax)
mailto: eew~givenspursl ev.com
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Lance A. Tade, Manager
State Government Affairs
Citizens Telecommunications Company of
Idaho
4 Triad Center, Suite 200
Salt Lake City, UT 84180
l!AQe~czn. com
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CLEAR TALK
CERTIFICATE OF SERVICE -
08/25/2003 MON 15: 33 FAX [phone]i904 RICHARDSON OLEARY
Charles H. Creason Jr.
President and General Manager
Project Mutual Telephone Cooperative
Association, Inc.
507 G Strect
Post Office Box 366
Rupert, Idaho 83350
John Hammond, Deputy AG
Idaho Public Utilities Conunission
Washington Street
Boise, Idaho 83720-0074
[phone] (Fax)
ihammon~puc. state.id~
Clay Sturgis, Senior Manager
MOSS ADAMS LLP
601 Riverside, Suite 1800
Spokane, WA 99201-0063
cIays~mossadams.com
Morgan W. Richards, Esq.
Moffatt, Thomas, Barrett, Rock & Fields
101 S. Capitol Blvd, 10th Floor
P. O. Box 829
Boise, Idaho 83701-0829
[phone] (Fax)
mwr~moffatt.com
Mary S. Hobson
Stoel Rives LLP
101 S. Capitol Blvd, Suite 1900
Boise, Idaho 83702-5958
[phone] (Fax)
mshobson~stoel.com
CLEAR TALK
CERTIFICATE OF SERVICE - 2
Signed:
141 011/011
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Leary
08/25/2003 MON 15: 28 FAX [phone]i904 RICHARDSON OLEARY I4J 001/011
~Ji.\~r
&.
0i~1fATTORNEYS AT LA"
Molly O' Leary
T." 208.9:18-7902 Fu: 208-9:18-7904
mollyli'rich a rdoo n~l\d uIc~ry.com
O. BO1 1 HG9 99 con 5rH. SLrccr. Rlgl.. Idaho 113(;16
FAX
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AND CONFIDENTIAL INFORMATION INTENDED FOR THE USE OF THE INDIVIDUAL OR
ENTITY NAMED BELOW. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,
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To:Wcn:Jy Richards From: Molly O'Leary
Fax:[phone] Pages: 10
Phone: [phone] Date:August 25, 2003
He:GNR-T.Q3~8 CC:Joe Miller (208.336.6912)
Conley Ward (208.388.1300)CLEAR TALK'S OBJECTIONS TO
CITIZENS' 1 ST SET OF DISCOVERY John Hammond (208.334.3762)
Mary S. Hobson (208.389.9040)
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