200309081st Response of Clear Talk to ITA.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 onAT
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/bl 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
IDAHO TELEPHONE
ASSOCIATION'S FIRST SET OF
DISCOVERY REQUESTS
IAT Communications, Inc. ("Clear Talk") hereby responds to Idaho Telephone
Association s First Set of Discovery Requests as follows:
Request No.Res onse
1. 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.
Without waiving any of its objections, Clear Talk is providing responsive
information on the attached document identified as "ITA 1-1."
Clear Talk's Responses to IT A's 1st Set of Discovery Requests 090403.doc
3. Please describe the various rate plans and service Clear Talk provides to its
customers, including all rate plans, measured usage services, roaming charges,
product lines, service bundles, and features.
Without waiving any of its objections, Clear Talk is providing responsive
information on the attached documents identified collectively as "ITA 1-
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 including in the
calculation all revenues from all classes of plans, features, equipment fees and sales,
roaming charges, and any other subscriber fees.
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.
12. Please describe Clear Talk's affiliate status, i.e., explain Clear Talk'
relationship to any up-stream or down-stream affiliates, including any parent
holding company, or cross-affiliate.
Without waiving any of its objections, Clear Talk responds as follows: NTCH
Inc. owns 70 percent of IA T Communications, Inc. Leap Wireless International , Inc.
owns 30 percent oflAT Communications, Inc. IAT Communications, Inc. owns 100
percent ofNTCH-Idaho, Inc.
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 of Idaho.
Clear Talk is not aware of any pending litigation, arbitration or other disputes that
will adversely affect Clear Talk's ability to provide the supported services in Idaho.
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.
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.
Clear Talk's Responses to IT A's 1st Set of Discovery Requests 090403.doc
17. Please provide details identifying by type of equipment and location of Clear
talk's budgeted capital expenditures for the state of Idaho for fiscal year 2003 and
2004.
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.
18. Please provide copies of Clear Talk's state of Idaho income tax returns for
the fiscal years 2002.
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.
19. Please provide copies of internal reports analyzing customer service and
billing complaints for the past twenty-four months ending June 30, 2003.
Without waiving any of its objections, Clear Talk is providing responsive
information on the attached documents identified as "ITA 1-19.
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.
Without waiving any of its objections, Clear Talk is providing responsive
information on the attached document identified as "ITA 1-21."
24. Please provide details of Clear Talk's specific plans to extend its network in
each of the requested Designated Areas.
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.
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.
Clear Talk's Responses to IT A's 1st Set of Discovery Requests 090403.doc
Clear Talk intends to offer an amount of local usage that is comparable to or
perhaps greater than the local usage offered by the existing ETC in any Designated
Areas.
26. Please identify each of Clear Talk's competitors in the requested Designated
Areas.
Without waiving any of its objections, Clear Talk believes that its "competitors
include, but are not limited to, ILECs in the Designated Areas, wireless carriers licensed
to provide service in Idaho and/or portions ondaho, and interconnection carriers.
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 Areas.
Weak coverage areas can be addressed through network optimization, among
other things. This procedure includes drive testing to identify problematic areas and
adjusting power settings, azimuth and downtilt adjustment, and antenna replacement with
higher gain models. Signal coverage can also be supplemented by adding additional cell
sites or repeaters or microwave equipment. Clear Talk has continually expanded and
enhanced it signal coverage in this manner.
29. Please identify the specific media that would be utilized to advertise
the nine supported service s and the amount of advertising funds that would be
expended during the first twelve months following the Commissions approval of the
application.
Without waiving any of its objections, Clear Talk plans to advertise the supported
services using media of general distribution, as stated in its Application, including, but
not limited to, radio, newspaper and billboard advertising, specially targeted advertising,
and potentially television as well.
30. Please describe specifically how approval of Clear Talk's application will
increase competition and customer choice.
Clear Talk believes that competition among ETCs does not exist in areas where
there is only one ETC. Clear Talk likewise believes that consumer choice among ETCs
does not exist in areas where there is only one ETe. For example, Clear Talk believes
that wireless services provide an important source of competition and consumer choice in
rural areas insofar as little or no landline competition may exist in many rural areas.
Hence, approval of Clear Talk's Application will create competition and provide
meaningful consumer choice because consumers will then have a choice among at least
two ETCs.
Clear Talk's Responses to IT A's 1st Set of Discovery Requests 090403.doc
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.
Besides creating, expanding or enhancing competition and consumer choice
Clear Talk also believes that other potential advantages of wireless services include
among other things, the ability to provide a larger local calling area, lower prices, lower
environmental impact (e., a wireless tower can cover a significant area without
requiring that any overhead lines be run), coverage on remote parcels without incurring
line extension charges, potential access to emergency services in areas with no landline
phones, and faster response times to requests for service in remote areas.
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.
Without waiving any of its objections, Clear Talk's Application is not based upon
exemption(s) from applicable rules arnd regulations.
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.
Without waiving any of objections, including the objection that this request is
vague and ambiguous, Clear Talk is not aware of instances in the requested Designated
Areas where Clear Talk's "end users " however defined, are currently not receiving the
nine supported services. Clear Talk is not aware of instances in the .requested Designated
Areas where other carriers
' "
end users " however defined, are currently not receiving the
nine supported services.
34. Does Clear Talk have interconnection agreements with the incumbent LECs
serving the Designated Areas? Please furnish copies of any such agreement.
Clear Talk currently has one interconnection agreement (with Qwest
Communications) in Idaho, which interconnection agreement is available on the Idaho
Ue. web site.
35. Does Clear Talk have reciprocal compensation agreements with the
incumbent LECs serving the Designated Areas? Please furnish copies of any such
Clear Talk's Responses to ITA's 1st Set of Discovery Requests 090403.doc
agreements. State the amounts paid and received by Clear talk pursuant to such
agreements, by month, for 2002 and the first half of 2003.
Clear Talk currently has one interconnection agreement (with Qwest
Communications) in Idaho, which interconnection agreement is available on the Idaho
UC. website.
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) service the public interest.
Without waiving its objections, Clear Talk responds as follows: "(t)he FCC do(es)
not include equal access to interexchange service among the services supported by universal
service mechanisms.In the Matter of Federal-State Joint Board on Universal Service
Docket 96-, Report and Order, FCC 97-157 (May 8, 1997), ~ 78.
38. Does Clear Talk permit its customers to use dial around calling (10-xxx) to
reach IXCs? If so, what charges do Clear Talk customers incur for dial around?
Not currently.
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? If so,
please describe Clear Talk's plans.
Pending ETC designation, Clear Talk does not currently have plans to resell or
lease ILEC loops or UNEs to meet its ETC obligations. Pursuant to its commitment to
provide its basic universal service offering in any area in which it obtains ETC
designation, Clear Talk will evaluate and respond to all reasonable requests for service
outside of its existing signal coverage area but within the requested Designated Areas.
RESPECTFULLY SUBMITTED, this 5th day of September, 2003.
IAT COMMUNICATIONS, me.
Clear Talk's Responses to IT A's 1st Set of Discovery Requests 090403.doc
CLEAR TALK RESPONSE TO
ITA REQUEST NO. 1-
CLEAR TALK
8/18/2003
Subscribers Within DesiQnated Area
Active Residential Accounts Active Business Accounts
Albion Telephone Co.
Albion
Alma
Elba
Raft River
Arco
Mackay
Malad
Holbrook
Citizens Telecommunications Co. of Idaho
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Filer Mutual Telephone Co.
Filer
Hollister
Jackpot
Fremont Telecom
St Anthony
Ashton
Project Mutual Telephone Cooperative Assoc.
ETG Sub breakdown.doc.xls 1 of 2
CLEAR TALK
Burley
Minidoka
Norland
Oakley
Paul
Rupert
328
167
Fort Hall Indian Reservation is served by Qwest
Fort Hall
Total 782
Subs as of 8-18-8256 496
Subs inside area 782
Subs outside area 7474 422
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ETC Sub breakdown.doc.xls 2 of2
&17.27C~ (sOp10H
LOCATION: 079 CLEAR TALK MILLWARD
PAGE:
- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---
MSC064
17: 18
NUMBER OF ACTIVE PHONES BY ZIP CODE/STATE DATE 08/18/03 TIME
- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---
Active Phones As Of: 08/18/03
FROM MARKET ( 891) - CLEAR TALK
TO MARKET : (893) - CLEAR TALK
ZIPCD
48656
59711
59870
78140
78201
80010
83000
83111
83201
83202
83203
83204
83205
83206
83209
83210
83211
83213
83214
83218
83221
83234
83236
83241
83245
83246
83250
83252
83256
83262
83271
83274
83276
83277
83301
83302
83303
83311
83314
83316
83318
83321
83323
CITY / STATE
ALL
SERVICES
---- - - -- --- -- ---------------
SAINT HELEN
BUTTE SILVER BOW
STEVENSVILLE
NIXON
BALCONES HEIGHTS
AURORA
** UNKNOWN **
UNINCORPORATED
UNINCORPORATED
POCATELLO
UNINCORPORATED COUNTY AREA
POCATELLO
POCATELLO
POCATELLO
POCATELLO
ABERDEEN
AMERICAN FALLS
ARCO
UNINCORPORATED COUNTY AREA
BASALT
BLACKFOOT
DOWNEY
FIRTH
GRACE
INKOM
LAVA HOT SPRINGS
UNINCORPORATED COUNTY AREA
MALAD CITY
UNINCORPORATED COUNTY AREA
UNINCORPORATED COUNTY AREA
ROCKLAND
SHELLEY
SODA SPRINGS
UNINCORPORATED COUNTY AREA
TWIN FALLS
UNINCORPORATED COUNTY AREA
TWIN FALLS
ALBION
UNINCORPORATED COUNTY AREA
BUHL
UNINCORPORATED COUNTY AREA
CASTLE FORD
DECLO
COUNTY AREA
COUNTY AREA
ACCOUNT S
--------
882
445
619
410
131
1366
141
336
SERVICE TYPE
758
430
571
389
125
1270
132
316
: ALL
&17. 27C~ (sOpl0H
LOCATION: 079 CLEAR TALK MILLWARD
PAGE:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - -
MSC064
17: 18
NUMBER OF ACTIVE PHONES BY ZIP CODE/STATE DATE 08/18/03 TIME
- -- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Active Phones As Of: 08/18/03
FROM MARKET ( 891) - CLEAR TALK
TO MARKET : (893) - CLEAR TALK
ZIPCD
83325
83328
83330
83332
83333
83334
83335
83336
83338
83341
83342
83344
83346
83347
83350
83352
83355
83401
83402
83403
83404
83405
83406
83420
83421
83422
83423
83427
83431
83434
83436
83438
83440
83442
83443
83444
83445
83447
83448
83450
83451
83452
83454
CITY / STATE
--- ------------ -- ----
EDEN
UNINCORPORATED
UNINCORPORATED
HAGERMAN
HAILEY
HANSEN
HAZELTON
UNINCORPORATED
JEROME
UNINCORPORATED
MALTA
UNINCORPORATED
OAKLEY
PAUL
RUPERT
SHOSHONE
WENDELL
IDAHO FALLS
IDAHO FALLS
IDAHO FALLS
UNINCORPORATED
IDAHO FALLS
UNINCORPORATED
ASHTON
UNINCORPORATED
DRIGGS
UNINCORPORATED
IONA
LEWISVILLE
MENAN
UNINCORPORATED
PARKER
UNINCORPORATED
UNINCORPORATED
UNINCORPORATED
ROBERTS
SAINT ANTHONY
ASHTON
SUGAR CITY
MUD LAKE
UNINCORPORATED
TETONIA
UCON
COUNTY AREA
COUNTY AREA
COUNTY AREA
COUNTY AREA
COUNTY AREA
COUNTY AREA
COUNTY AREA
COUNTY AREA
COUNTY AREA
COUNTY AREA
COUNTY AREA
COUNTY AREA
COUNTY AREA
COUNTY AREA
ALL
SERVICES
--------
ACCOUNT S
--------
271
132
176
868
837
329
157
137
226
SERVICE TYPE
258
131
165
824
802
311
150
126
210
: ALL
&17. 27C" (sOpl0H
LOCATION: 079 CLEAR TALK MI LLWARD
PAGE:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
MSC064
17: 18
NUMBER OF ACTIVE PHONES BY ZIP CODE/STATE DATE 08/18/03 TIME
- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - -- - -- - --
Acti ve Phones As Of:08/18/03
FROM MARKET (891)- CLEAR TALK SERVICE TYPE : ALL
MARKET (893)- CLEAR TALK
ALL
ZIPCD CITY / STATE SERVICES ACCOUNTS
- -- ------ - - - ---- - --- -----------------
83604 UNINCORPORATED COUNTY AREA
83634 KUNA
83642 MERIDIAN
83647 UNINCORPORATED COUNTY AREA
83687 NAMPA
83704 GARDEN CITY
83714 UNINCORPORATED COUNTY AREA
83716 BOISE CITY
83849 OSBURN
83854 POST FALLS
84014 BOUNTIFUL
84054 UNINCORPORATED COUNTY AREA
84084 OQUIRRH
84318 UNINCORPORATED COUNTY AREA
84323 LOGAN
84335 SMITHFIELD
84770 UNINCORPORATED COUNTY AREA
85042 PHOENIX
85051 GLENDALE
85203 MESA
85281 SCOTTSDALE
85335 UNINCORPORATED COUNTY AREA
87010 MADRID
95035 UNINCORPORATED COUNTY AREA
95624 UNINCORPORATED COUNTY AREA
99336 UNINCORPORATED COUNTY AREA
TOTAL
&17. 27C" (sOpl0H
8777 8208
CLEAR TALK RESPONSE TO
ITA REQUEST NO. 1-
SEE CASE FILE FOR
CHARTS AND MAPS