200310211st Discovery Requests to ITA from Clear Talk.pdf

Molly O'Leary, Esq. (ISB # 4996)
Richardson & O'Leary, PLLC
99 E. State Street, Suite 200
Eagle, Idaho 83616
[phone]
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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]
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.
CASE NO. Docket No. GNR-O3-
In the Matter of the Application of NPCR, 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-
CLEAR TALK'S FIRST SET OF
DISCOVERY REQUESTS TO ITA
NTCH-Idaho, Inc. dba Clear Talk ("Clear Talk"), hereby submits the following
First Set of Data Requests to the Idaho Telephone Association ("ITA") 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.
Please provide your responses in an electronic format that can be both read and
edited.
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO ITA
Delmitions
You" or "your" - means or pertains to the Idaho Telephone Association
ITA") or any of its members, including without limitation officers
directors, employees, agents, attorneys, corporate subsidiaries and
affiliates of ITA or its members.
Idaho Telephone Association" or "IT A" refers to the organization
including without limitation its officers, directors, employees, agents
attorneys, corporate subsidiaries and affiliates, or, where applicable, its
members or an individual member.
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
contracts, agreements, journals, statistical records, desk or pocket
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO ITA
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 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 IT A 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 ofITA 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:
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO ITA
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 obj ect 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
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO ITA
responsive and the identity ofthe 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) ofthese 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 ofIT A, 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 ofthe 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 Clear Talk's counsel promptly
for clarification.
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO ITA
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 the members of IT A.
2. For each ITA member, please identify any upstream or downstream affiliates, and
explain the relationship to each such affiliate, including any parent, holding
company or cross-affiliate.
3. For each ITA member and each affiliate of an ITA member, please identify all
services provided to the customers of such member or such member s affiliate(s)
and whether such service is available throughout the service area of such member
or its affiliate(s).
4. Please identify by name, title, address and telephone number each person(s) who
participated in preparing responses to these Data Requests.
5. Please identify by name, title, address and telephone number each person(s) who
can testify regarding each response to these Data Requests.
6. Does ITA or any of its members or their employees, officers, agents or outside
consultants subscribe to Clear Talk's wireless service in Idaho?
7. IfITA or any of its members or its members' 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.
8. For each ITA member and each affiliate of an ITA member, please identify the
wirecenter(s) through which it provides service.
a. Please provide detailed maps of the boundaries for the wirecenters
identified in response to the foregoing question.
b. Please specify when each of the foregoing wirecenters was established.
c. If the boundaries for the foregoing wirecenters have been changed in any
way since those wirecenters were originally established, please identify
any changes made, and when and why those changes were made.
d. Please provide a map of each of ITA's members ' networks in the
foregoing wirecenters.
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO ITA
e. Please provide a map showing IT A's members' service coverage in the
foregoing wirecenters
f. Please identify, in terms of percentage of wire center area, the extent of
ITA's members' service coverage in the foregoing wirecenters.
g. Please identify any areas within the foregoing wirecenters where service is
not currently provided by an IT A member.
h. Please identify any ITA member s plans to increase service in the
foregoing wirecenters and the schedule for any planned improvements.
i. Upon receipt of a service request for a wirecenter served by an ITA
member, in a location where the IT A member does not currently provide
service, how long does it take for the member to provide service to that
location?
j. Do any ITA members have any outstanding (i., unfulfilled) requests for
service in the foregoing wirecenters?
k. If an IT A member has any outstanding (i., unfulfilled) requests for
service in the foregoing wirecenters, please identify each request by
location and date of request.
I. If an IT A member has any outstanding (i., unfulfilled) requests for
service in the foregoing wirecenters, please identify when the member
estimates that each request will be fulfilled.
m. Upon receipt of a service request for a wirecenter served by an ITA
member, in a location where the IT A member does not currently provide
service, please estimate the costs associated with providing service to such
a location for each such member.
n. What is the average monthly revenue per customer for each ofITA'
members in the foregoing wirecenters?
o. What is the average monthly revenue per customer for each of ITA'
members in the foregoing wirecenters without USF support?
p. Have any ITA members lost any access lines or customers since Clear
Talk began offering service in the foregoing wirecenters?
q. If any IT A member has lost any access lines and/or customers since Clear
Talk began offering service in the foregoing wirecenters, please identify
the number of lines or customers lost for each such IT A member and when
such lines and/or customers were reportedly lost.
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO ITA
r. If any ITA member has lost any access lines and/or customers since Clear
Talk began offering service in the foregoing wirecenters, for each such
member, 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 any ITA member has lost any access lines and/or customers since Clear
Talk began offering service in the foregoing wirecenters, for each such
member, 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 each ITA member s capital expenditures in the foregoing
wirecenters in 2002 and 2003.
u. For each of the foregoing wirecenters, please identify, for each ITA
member, all vendor(s) that provide switching services and/or infrastructure
to any such ITA member.
9. Please describe or provide copies of ITA's members' policies or analyses for
evaluating service requests for a location where service is not provided.
10. Please itemize the level ofUSF support that ITA's members receive for each
month in 2003.
11. Please identify the percentage of each IT A member s subscribers for which such
member receives USF support.
12. Do ITA members have any Idaho interconnection agreements that are not publicly
available through the Idaho Public Utilities Commission?
13. If ITA members have any Idaho interconnection agreements that are not publicly
available through the Idaho Public Utilities Commission, please provide copies of
such interconnection agreement(s).
14. Please identify the "local calling area(s)" provided to ITA's members ' customers
in the foregoing wirecenters.
15. Please provide details regarding the long distance products and services that
ITA's members offer to their respective customers.
16. Has an ITA member ever been approached by Clear Talk or any other carrier to
cooperatively offer wireless service in Idaho?
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO ITA
17. If an IT A member has ever been approached by Clear Talk or any other carrier to
cooperatively offer wireless service in Idaho, did such member decide to offer
wireless service in such member s Idaho wirecenter(s)?
18. If any IT A member has ever declined an opportunity to offer wireless service in
Idaho, please explain why such member decided against trying to offer wireless
service in its Idaho wirecenters.
19. What Internet access products and services do ITA members offer to their
respective Idaho customers?
20. What Internet access products and services do ITA's members plan to offer within
the next 12 months to their respective Idaho customers?
21. Are any IT A members 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 any IT A member is 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, for each such member, please
identify the company(ies) and describe the member s relationship with the
company (ies).
23. If any ITA member is 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, for each such member, 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 ofthe
application proceeding, and whether or not ETC designation has been granted.
24. If any IT A member or any company(ies) affiliated with an IT A member has
applied for designation as a competitive, wireless Eligible Telecommunications
Carrier in any jurisdiction within the United States, for each such member, please
identify the technology being used, or proposed to be used, to provide the
supported services required of ETCs.
25. If any IT A member or any company(ies) affiliated with an ITA member has
applied for designation as a competitive, wireless Eligible Telecommunications
Carrier in any jurisdiction within the United States, for each such member, please
identify the charges, or proposed charges, to be levied against customers for the
wireless universal service offering(s).
26. Please identify each ITA member s efforts in 2002 and 2003 to reduce costs
improve service, expand its network and/or offer new products and services to its
respective customers.
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO ITA
27. Please provide copies of any memoranda, meeting notes, emails or other
communications regarding each IT A member s efforts to reduce costs, improve
service, expand its network and/or offer new products and services to its
customers in 2002 and 2003.
28. Please provide copies and documentation of all communication(s), including
notes of any telephone conversations, between IT A and or its members and the
Idaho PUC regarding Clear Talk's ETC Application.
29. Please provide copies and documentation of all communication(s), including
notes of any telephone conversations, between IT A and/or its members and the
Idaho PUC regarding the designation of competitive Eligible Telecommunications
Carriers.
30. To the extent that IT A 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 ITA with respect to the stipulation(s).
31. Please provide copies of the documents relating to ITA's and its individual
members' decision to challenge Clear Talk's Application for ETC designation in
the state of Idaho, including but not limited to memorandums, board of director
minutes, management presentations, correspondence and financial analysis and
forecasts.
32. Please provide copies ofthe documents relating to each ITA member s decision to
request and/or accept designation as an ETC 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 each ITA member s financial statements for the six
months ended June 30, 2003 and audited financial statements for the fiscal years
2002 2001 , and 2000.
34. Please provide copies of the state of Idaho income tax reports for ITA and its
individual members for the fiscal year 2002.
RESPECTFULLY SUBMITTED, this 20th day of October, 2003.
CLEAR TALK'S FIRST SET OF DISCOVERY
REQUESTS TO ITA
RDSON & O'LEARY, PLLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this -GJ2-:!Jay of October, 2003, I caused a true and
correct copy ofthe foregoing CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS
TO ITA 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
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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)
o~mcdevitt -miller. com
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Philip R. Schenkenberg, Esq.
2200 First National Bank Building
332 Minnesota Street
St. Paul, Minnesota 55101
psc h enk enberg~ 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)
mail to: cew~givenspursley. 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
Itade~czn.com
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CLEAR TALK
CERTIFICATE OF SERVICE -
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 AG
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
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Robert M. Nielsen
548 E Street
Post Office Box 706
Rupert, Idaho 83350
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CLEAR TALK
CERTIFICATE OF SERVICE - 3