200309081st Response of Clear Talk to Citizens.pdf

Molly O'Leary, Esq. (ISB # 4996)
Richardson & O'Leary, PLLC
99 E. State Street, Suite 200
Eagle, Idaho 83616
[phone]
Sean P. Farrell, Esq.
General Counsel
IAT Communications, Inc.
NTCH-Idaho Inc., dba Clear Talk
703 Pier Avenue, Suite B, PMB 813
Hermosa Beach, CA 90254
[phone]
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BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Petition ofIAT
Communications, Inc., d.a. NTCH-Idaho, Inc. )
or Clear Talk, for Designation as an Eligible
Telecommunications Carrier.
In the Matter of the Application ofNPCR, me.
d/b/a NEXTEL PARTNERS
Seeking Designation as an Eligible
Telecommunications Carrier that may receive
Federal Universal Service Support.
CASE NO. Docket No. GNR-O3-
CASE NO. Docket No. GNR-O3-
CLEAR TALK'S RESPONSES TO
FIRST SET OF DISCOVERY
REQUESTS FROM CITIZENS
TELECOMMOUNCA TIONS
COMPANY OF IDAHO
IAT Communications, Inc. ("Clear Talk") hereby responds to Citizens Telecommunications
Company ofIdaho s First Set of Discovery Requests as follows:
Request No.Res onse
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'S RESPONSES TO
CITIZENS' 1ST SET OF DISCOVERY REQUESTS
Clear Talk has previously mail served copies of its responses, and will continue to do so.
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.
Without waiving any of its obj ections, Clear Talk will provide responsive information to
those parties who have executed a confidentiality agreement acceptable in form to Clear Talk.
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 is providing responsive information on the attached document identified as
CIT 1-
5. Identify which NPA-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 is providing responsive information on the attached document identified as
CIT 1-
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.
Without waiving any of its objections, Clear Talk will provide responsive information to
those parties who have executed a confidentiality agreement acceptable in form to Clear Talk.
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.
. Without waiving any of its objections, Clear Talk will provide responsive information to
those parties who have executed a confidentiality agreement acceptable in form to Clear Talk.
8. For each cell site tower/antenna identified in response to Request No.
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.
Without waiving any of its objections, Clear Talk responds as follows: Each site and the
resulting timeframe are unique. Typically development of sites located on government land
CLEAR TALK'S RESPONSES TO
CITIZENS' 1ST SET OF DISCOVERY REQUESTS
moves more slowly than on private lands, and can therefore take up to six months before
building occurs. Although Clear Talk prefers to avoid governmental locations for that reason
Clear Talk has nonetheless built sites on government-owned sites.
The process in each municipality is also unique. Typically, Clear Talk meets with the
local zoning department and/or the local County Commissioners to notify them that Clear Talk is
seeking to locate a site in a specific area and to solicit their feedback. Clear Talk then endeavors
to locate the site in an appropriate location to expedite the approval process. Typically, a
Conditional Use Permit is then acquired with a public hearing and a subsequent City Councilor
County Commissioner meeting. The CUP process may take six to eight weeks...
9. For each cell site tower/antenna identified in response to Request No.
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 identification of a need for a cell
site tower/antenna to the receipt of the government consent, permit or approval for each
cell site tower/antenna.
Without waiving any of its objections, Clear Talk responds as follows: the average time
frame to obtain necessary permits and/or governmental approvals is three to five months, but can
be longer depending upon a variety of factors.
10. Identify the number and addresses in Idaho where Clear Talk plans to build
cell site tower/antenna in 2003, 2004, and 2005. Differentiate the towers that would be
constructed without universal service funding and with universal service funding assuming
ETC designation was obtained.
Without waiving any of its objections, Clear Talk will provide responsive information to
those parties who have executed a confidentiality 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.
Without waiving any of its objections, Clear Talk responds as follows: the average time
frame typically ranges between four to six months, but can take longer depending upon a variety
of factors.
12. 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'S RESPONSES TO
CITIZENS' 1ST SET OF DISCOVERY REQUESTS
Without waiving any of its objections, Clear Talk responds as follows: the average time
frame typically ranges between three to five months, but can take longer depending upon a
variety of factors.
13. For each cell site tower/antenna identified in response to Request Nos. 7 and
, provide the capacity limits and the number of lines each is able to serve.
Without waiving any of its objections, Clear Talk responds as follows: general capacity
limits are micro-cells 20, mini-cells 40, mod-cells 80; general line capacities are microcells 5
mini-cells 22, mod-cells 15.
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.
Without waiving any of its objections, Clear Talk responds as follows: Clear Talkdoes
not currently have resale agreements with Idaho ILECs. Clear Talk currently has one
interconnection agreement (with Qwest Communications) in Idaho, which interconnection
agreement is available on the Idaho P.Ue. website.
15. Describe any supplemental equipment (e.g. yagi antennas) Clear Talk plans
to deploy to increase its coverage area and/or enhance service to customers in the area in
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?
Without waiving any of its objections, Clear Talk will provide responsive information to
those parties who have executed a confidentiality agreement acceptable in form to Clear Talk.
16. Will 3-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'S RESPONSES TO
CITIZENS' 1ST SET OF DISCOVERY REQUESTS
Without waiving any of its objections, Clear Talk responds as follows: Clear Talk does
not currently offer 3-watt phones. Clear Talk is informed that 3-watt "boosters" to enhance the
performance of mobile handsets are available via Internet retailers.
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?
Without waiving any of its objections, Clear Talk responds as follows: If Clear Talk
receives a service request in an area with weak or no signal coverage, Clear Talk will of course
need to evaluate the best possible way to extend signal coverage to that area, and then the time
necessary to implement the chosen solution will depend on a variety of factors which Clear Talk
cannot predict at this time; e., site acquisition (negotiation and execution of ground lease
acquisition of building permits, environmental and site evaluations, etc.), and then appropriate
modification or construction of facilities (which may be affected by site conditions, weather
number of other sites under construction, etc.
19. Does 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.
Without waiving any of its objections, Clear Talk currently has one interconnection
agreement (with Qwest Communications) in Idaho, which interconnection agreement is available
on the Idaho P.UC. website. Clear Talk cannot evaluate the potential need, if any, for additional
interconnection agreements until such time as Clear Talk obtains ETC designation and receives a
service request within a Designated Area but beyond Clear Talk's then-current signal coverage
area.
20. Please describe in detail how Clear Talk terminates calls to Citizens where
interconnection ag."eement is in place? How is Citizens compensated for terminating this
traffic?
Without waiving any of its objections, Clear Talk responds as follows: Clear Talk
currently has one interconnection agreement (with Qwest Communications) in Idaho, which
interconnection agreement is available on the Idaho P.Ue. website. Clear Talk traffic is
typically transited through the ILEC (Qwest) tandem and Clear Talk pays Qwest a transit traffic
toll and local fee, presumably in much the same manner that Citizens Telecommunications
Company does with Qwest.
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'S RESPONSES TO
CITIZENS' 1ST SET OF DISCOVERY REQUESTS
Clear Talk is providing responsive information on the attached document identified as
CIT 1-21."
22.What percentage of Clear Talk's service offerings will be provided through:
resale of wireline services; and
purchase of unbundled network elements from wireline
tdecommunications providers?
Without waiving any of its objections, Clear Talk responds as follows: Not applicable
insofar as Clear Talk is not a wireline provider and Clear Talk does not currently purchase UNEs
as part of operating the Clear Talk network.
23. What services will Clear Talk provided to its customers as an ETCthat it
does not currently provide in the areas it is seeking ETC status?
Clear Talk will provide a basic universal service offering that is equivalent to or more
favorable than the basic universal offering of the existing ETC in each Designated Area.
24. Is Clear Talk requesting that the Commission redesignate service areas in
Idaho? If yes, please explain the details of the request.
Without waiving any of its objections, Clear Talk responds as follows: Insofar as the
applicable LECs' study area boundaries do not mirror the boundaries of Clear Talk's F.e.e.-
licensed Basic Trading Areas, Clear Talk will ask the Commission to establish more
competitively and technologically neutral "service area(s)" for purposes ofETC designation.
25.Please describe the fax service Clear Talk provides to customers.
Without waiving any of its objections, Clear Talk responds as follows: not applicable
because Clear Talk does not offer fax service at this time and Clear Talk is not aware of a
requirement that fax service be included as part of a basic universal service offering for purposes
of obtaining ETC designation.
26. At what transmission speed does Clear Talk's network allow for the
transmission of fax and data services?
Without waiving any of its objections, Clear Talk responds as follows: not applicable
because Clear Talk does not offer fax and data services at this time and Clear Talk is not aware
CLEAR TALK'S RESPONSES TO
CITIZENS' 1ST SET OF DISCOVERYREQUESTS
of a requirement that fax and data services be included as part of a basic universal service
offering for purposes of obtaining ETC designation.
27.
Idaho?
Can broadcast fax transmissions be sent over Clear Talk's network in
Without waiving any of its objections, Clear Talk responds as follows: not applicable
because Clear Talk does not offer "broadcast fax transmission" services, however defined, at this
time and Clear Talk is not aware of a requirement that "broadcast fax transmission" services
however defined, be included as part of a basic universal service offering for purposes of
obtaining ETC designation.
28. Do Clear Talk customers require additional equipment to send/receive a fax
over Clear Talk's network?
Without waiving any of its objections, Clear Talk responds as follows: not applicable
because Clear Talk does not offer fax service at this time and Clear Talk is not aware of a
requirement that fax service be included as part of a basic universal service offering for purposes
of obtaining ETC designation.
29. Can Clear Talk customers access the Internet via the Clear Talk Network? If
so, what are the average connect speeds for Internet calls?
Without waiving any of its objections, Clear Talk responds as follows: not applicable
because Clear Talk does not offer Internet access at this time and Clear Talk is not aware of a
requirement that Internet access be included as part of a basic universal service offering for
purposes of obtaining ETC designation.
30. Will Clear Talk follow the Idaho Public Utilities Commission s service
quality rules?
Without waiving any of its objections, Clear Talk's Application is not based upon
exemption(s) from applicable rules and regulations.
31. Does Clear Talk plan to open customer service centers in communities
throughout its designated service area?
Without waiving any of its objections, Clear Talk is providing responsive information on
the attached document identified as "CIT 1-31."
CLEAR TALK'S RESPONSES TO
CITIZENS' 1ST SET OF DISCOVERY REQUESTS
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?
Without waiving any of its objections, Clear Talk's Application is not based upon
exemption(s) from applicable rules and regulations.
RESPECTFULLY SUBMITTED, this 5th day of September, 2003.
IAT COMMUNICATIONS, me.
CLEAR TALK'S RESPONSES TO
CITIZENS' 1ST SET OF DISCOVERY REQUESTS
CLEAR TALK RESPONSE TO
CIT REQUEST NO.
RE MAIN IN G AGE S
ARE IN THE FILE
UNABLE TO SCAN
BECAUSE OF POOR QUALITY
CLEAR TALK RESPONSE TO
crT REQUEST NO. 1-
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CERTIFICA TE OF SERVICE
I HEREBY CERTIFY that on this 5th day of September, 2003, I caused a true and
correct copy ofthe foregoing CLEAR TALK'S RESPONSES TO FIRST SET OF
DISCOVERY REQUESTS FROM CITIZENS TELECOMMOUNCA TIONS. COMPANY
OF IDAHO 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
(X) US. Mail, Postage Prepaid
( )
Hand Delivered
( )
Overnight Mail
( ) Facsimile
Molly O'Leary, Esq.
Richardson & O'Leary, PLLC
99 East State Street, Suite 200
Eagle, Idaho 83616
(X) US. Mail, Postage Prepaid
( )
Hand Delivered
( )
Overnight Mail
( )
Facsimile
Sean P. Farrell, Esq.
IAT Communications, Inc.
NTCH-Idaho Inc., dba Clear Talk
703 Pier Avenue, Suite B, PMB 813
Hermosa Beach, California 90254
(X) US. Mail, Postage Prepaid
( )
Hand Delivered
( )
Overnight Mail
( )
Facsimile
Dean 1. Miller, Esq.
420 West Bannock
Post Office Box 2564-83701
Boise, Idaho 83702
(X) US. Mail, Postage Prepaid
( )
Hand Delivered
( )
Overnight Mail
( )
Facsimile
Philip R. Schenkenberg, Esq.
2200 First National Bank Building
332 Minnesota Street
St. Paul, Minnesota 55101
(X) US. Mail, Postage Prepaid
( )
Hand Delivered
( )
Overnight Mail
( )
Facsimile
Conley Ward
Givens Pursley LLP
277 North 6th Street, Suite 200
Post Office Box 2720
Boise, Idaho 83701
(X) US. Mail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
( )
Facsimile
Lance A. Tade, Manager
State Government Affairs
Citizens Telecommunications Company of
Idaho
4 Triad Center, Suite 200
(X) US. Mail, Postage Prepaid
( )
Hand Delivered
( )
Overnight Mail
( )
Facsimile
CLEAR TALK'S RESPONSES TO
CITIZENS' 1ST SET OF DISCOVERY REQUESTS
Salt Lake City, UT 84180
Robert M. Nielsen
548 E Street
Post Office Box 706
Rupert, Idaho 83350
Charles H. Creason, Ir.
President and General Manager
Project Mutual Telephone Cooperative
Association, Inc.
507 G Street
Post Office Box 366
Rupert, Idaho 83350
CLEAR TALK'S RESPONSES TO
CITIZENS' 1ST SET OF DISCOVERY REQUESTS
(X) US. Mail, Postage Prepaid
( )
Hand Delivered
( )
Overnight Mail
( )
Facsimile
(X) US. Mail, Postage Prepaid
( )
Hand Delivered
( )
Overnight Mail
( )
Facsimile
Sean P. Farrell