200310211st Discovery Requests to Citizens from Clear Talk.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
IA T Communications, Inc.
NTCH-Idaho Inc., dba Clear Talk
703 Pier Avenue, Suite B, PMB 813
Hermosa Beach, CA 90254
[phone]
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FILED
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2003 OCT 20 PM 4: 51
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UTILITIES CO~n1ISS10N
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Petition of IA T
Communications, Inc., d.a. NTCH-Idaho, Inc. )
or Clear Talk, for Designation as an Eligible
Telecommunications Carrier.
In the Matter of the Application ofNPCR, INC.
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 FIRST SET OF
DISCOVERY REQUESTS TO
CITIZENS
TELECOMMUNICATIONS
COMPANY OF IDAHO
NTCH-Idaho, Inc. dba Clear Talk ("Clear Talk"), hereby submits the following
First Set of Data Requests to the Citizens Telecommunications Company ofIdaho
Citizens ) as follows:
INSTRUCTIONS AND DEFINITIONS
The interrogatories and document requests are governed by the following
definitions and instructions:
In your response, please repeat the Data Request in advance of your answer.
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO CITIZENS
Please provide your responses in an electronic format that can be both read and
edited.
Definitions
You" or "your" - means or pertains to the Citizens Telecommunications
Company of Idaho ("Citizens ), including without limitation officers
directors, employees, agents, attorneys, corporate subsidiaries and
affiliates of Citizens.
Citizens Telecommunications Company of Idaho" or "Citizens" refers to
the organization, including without limitation its 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.
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
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO CITIZENS
contracts, agreements, journals, statistical records, desk or pocket
calendars, appointment books, diaries, lists, tabulations, advertisements
sketches, drawings, blue prints, catalogs, audio or video records
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 ofthe
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 Citizens 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 Citizens in this matter.
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO CITIZENS
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:
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, ifknown, 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.
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO CITIZENS
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
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 ofthose 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 Citizens, 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
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO CITIZENS
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 Clear Talk's counsel promptly
for clarification.
These Data Requests are continuing in nature and require supplemental
responses upon the discovery or receipt of new or additional information.
DATA REQUESTS
1. Please identify any upstream or downstream affiliates of Citizens, and explain the
relationship to each such affiliate, including any parent, holding company or
cross-affiliate.
2. Please identify all services provided to your customers, including whether such
service is available throughout your service area.
3. Please identify by name, title, address and telephone number each person(s) who
participated in preparing responses to these Data Requests.
4. Please identify by name, title, address and telephone number each person(s) who
can testify regarding each response to these Data Requests.
5. Does Citizens, including its employees, officers, agents or outside consultants
subscribe to Clear Talk's wireless service in Idaho?
6. If Citizens, including its respective employees, officers, agents or outside
consultants, subscribe to Clear Talk's wireless service in Idaho, please identify
such subscribers by name and specify how long they have subscribed to Clear
Talk's wireless service in Idaho.
7. Please identify the wirecenter(s) through which you, including any affiliate(s),
provide service.
a. Please provide a detailed map of the boundaries for the wirecenter(s)
identified in response to foregoing question.
b. Please specify when the foregoing wirecenter(s) was/were established.
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO CITIZENS
c. If the boundaries for the foregoing wirecenter(s) have been changed in any
way since the wirecenter(s) was/were originally established, please
identify any changes made, and when and why those changes were made.
d. Please provide a map of your network in the foregoing wirecenter(s).
e. Please provide a map showing your service coverage in the foregoing
wirecenter(s).
f. Please identify, in terms of percentage of wirecenter area, the extent of
your service coverage in the foregoing wirecenter(s).
g. Please identify any areas within the foregoing wirecenter(s) where service
is not currently provided by you.
h. Please identify any plans you have to increase service in the foregoing
wirecenter(s) and the schedule for any planned improvements.
1. Upon receipt of a service request for a wirecenter served by you, in a
location where you do not currently provide service, how long does it take
for you to provide service to that location?
J. Do you have any outstanding (i., unfulfilled) requests for service in the
foregoing wirecenter(s)?
k. If the answer to the above question is affirmative, please identify each
request by location and date of request.
I. If you have any outstanding (i., unfulfilled) requests for service in the
foregoing wirecenter( s), please estimate when each request will be
fulfilled.
m. Please identify the "local calling area(s)" provided to your customers in
the foregoing wirecenter(s).
n. What is your average monthly revenue per customer for the foregoing
wirecenter(s)?
o. What is the average monthly revenue per customer for the foregoing
wirecenter(s) without USF support?
p. Have you lost any access lines or customers since Clear Talk began
offering service in the foregoing wirecenter(s)?
q. If you have lost any access lines and/or customers since Clear Talk began
offering service in the foregoing wirecenter(s), please identify the number
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO CITIZENS
of lines or customers lost for each such wirecenter and when such lines
and/or customers were reportedly lost.
r. If you have lost any access lines and/or customers since Clear Talk began
offering service in the foregoing wirecenter(s), for each such wirecenter
please provide copies of any documents or materials or analyses which
reportedly attribute the loss oflines and/or customers to the presence of
Clear Talk's wireless service.
s. If you have lost any access lines and/or customers since Clear Talk began
offering service in the foregoing wirecenter(s), for each such wirecenter
please provide copies of any documents or materials or analyses which
reportedly attribute the loss oflines and/or customers to any factor(s) other
than the presence of Clear Talk's wireless service.
t. Itemize your capital expenditures in the foregoing wirecenter(s) in 2002
and 2003.
9. Upon receipt of a service request for a wirecenter in a location where you do not
currently provide service, please estimate the costs associated with providing service to
such a location.
10. Please describe or provide copies of your policies or analyses for evaluating
service requests for a location where service is not provided.
11.Please itemize the level ofUSF support that you receive for each month in 2003.
12. Please identify the percentage of your subscribers for which you receive USF
support.
13. Do you have any Idaho interconnection agreements that are not publicly available
through the Idaho Public Utilities Commission?
14. If you have any Idaho interconnection agreements that are not publicly available
through the Idaho Public Utilities Commission, please provide copies of such
interconnection agreement(s).
15. Please provide details regarding the long distance products and services that you
offer to your customers.
16. Have you ever been approached by Clear Talk or any other carrier to
cooperatively offer wireless service in Idaho?
17. If your answer to the foregoing question is affirmative, did you decide to offer
wireless service?
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO CITIZENS
18. If your answer to the foregoing question is negative, please explain why you
decided against trying to offer wireless service.
19.What Internet access products and services do you offer to your customers?
20. What Internet access products and services do you plan to offer within the next 12
months to your customers?
21. Are you affiliated in any way with any company(ies) that have applied for
designation as a competitive, wireless Eligible Telecommunications Carrier in any
jurisdiction within the United States?
22. If your are affiliated in any way with any company(ies) that have applied for
designation as a competitive, wireless Eligible Telecommunications Carrier in any
jurisdiction within the United States, please identify the company(ies) and describe your
relationship with the company (ies).
23. If you are affiliated in any way with any company(ies) that have applied for
designation as a competitive, wireless Eligible Telecommunications Carrier in any
jurisdiction within the United States, please identify the applying entity, the authority to
which the application(s) was made, the date(s) of each application, any identifying docket
number(s), the status of the application proceeding, and whether or not ETC designation
has been granted.
24. If you or any company(ies) affiliated with you have applied for designation as a
competitive, wireless Eligible Telecommunications Carrier in any jurisdiction within the
United States, please identify the technology being used, or proposed to be used, to
provide the supported services required of ETCs.
25. If you or any company(ies) affiliated with you have applied for designation as a
competitive, wireless Eligible Telecommunications Carrier in any jurisdiction within the
United States, please identify the charges, or proposed charges, to be levied against
customers for the wireless universal service offering(s).
26. Please identify all vendor(s) that provide switching services and/or infrastructure
to you.
27. Please identify your efforts, if any, in 2002 and 2003 to reduce costs, improve
service, expand its network and/or offer new products and services to your customers.
28. Please provide copies of any memoranda, meeting notes, emails or other
communications regarding your efforts to reduce costs, improve service, expand your
network and/or offer new products and services to its customers in 2002 and 2003.
29. Please provide copies and documentation of all communication(s), including
notes of any telephone conversations, between you and the Idaho PUC regarding Clear
Talk's ETC Application.
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO CITIZENS
30. Please provide copies and documentation of all communication(s), including
notes of any telephone conversations, between you and the Idaho PUC regarding the
designation of competitive Eligible Telecommunications Carriers.
31. To the extent that you objected to any prior applications and/or stipulations
regarding ETC designation between the Idaho PUC and any wireless carrieres), please
state all objections raised by you with respect to the stipulation(s).
32. Please provide copies of the documents relating to your decision to challenge
Clear Talk's Application for ETC designation in the state ofIdaho, including but not
limited to memorandums, board of director minutes, management presentations
correspondence and financial analysis and forecasts.
33. Please provide copies of the documents relating to your decision to request and/or
accept designation as an ETC in the state of Idaho, including but not limited to
memorandums, board of director minutes, management presentations, correspondence
and financial analysis and forecasts.
34. Please provide copies of your financial statements for the six months ended June
2003 and audited financial statements for the fiscal years 2002, 2001 , and 2000.
35. Please provide copies your state of Idaho income tax reports for the fiscal year
2002.
RESPECTFULLY SUBMITTED, this 20th day of October, 2003.
SON & O'LEARY, PLLC
or NTCH-Idaho, Inc. dba Clear Talk
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO CITIZENS
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on tlri y of October, 2003, I caused a true and
correct copy ofthe foregoing CLEAR TALK'RST SET OF DISCOVERY REQUESTS
TO CITIZENS TELECOMMUNICATIONS 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) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
( ) Electronic Mail
Dean J. Miller, Esq.
420 West Bannock
Post Office Box 2564-83701
Boise, Idaho 83702
[phone] (Fax)
loe~mcdevitt -miller .com
( ) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
(X ) Electronic Mail
Philip R. Schenkenberg, Esq.
2200 First National Bank Building
332 Minnesota Street
St. Paul, Minnesota 55101
pschenkenberg~bri ggs. com
( ) U.S. Mail, Postage Prepaid
( )
Hand Delivered
( ) Overnight Mail
( ) Facsimile
(X ) Electronic Mail
Conley Ward
Givens Pursley LLP
277 North 6th Street, Suite 200
Post Office Box 2720
Boise, Idaho 83701
[phone] (Fax)
mail to: cew~gi venspursl ey. com
( ) U.S. Mail, Postage Prepaid
( )
Hand Delivered
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( ) Facsimile
(X ) Electronic Mail
Lance A. Tade, Manager
State Government Affairs
Citizens Telecommunications Company of
Idaho
4 Triad Center, Suite 200
Salt Lake City, UT 84180
tade~czn. com
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( ) Hand Delivered
( )
Overnight Mail
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(X ) Electronic Mail
CLEAR TALK
CERTIFICATE OF SERVICE - 1
Charles H. Creason, Jr.
President and General Manager
Project Mutual Telephone Cooperative
Association, Inc.
507 G Street
Post Office Box 366
Rupert, Idaho 83350
John Hammond, Deputy
Idaho Public Utilities Commission
472 West 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
clays~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
(X) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
( )
Facsimile
( ) Electronic Mail
( ) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
( ) Facsimile
( X ) Electronic Mail
( ) U.S. Mail, Postage Prepaid
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( )
Facsimile
(X ) Electronic Mail
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(X) Electronic Mail
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Robert M. Nielsen
548 E Street
Post Office Box 706
Rupert, Idaho 83350
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( ) Hand Delivered
( )
Overnight Mail
( )
Facsimile
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CLEAR TALK
CERTIFICATE OF SERVICE - 3