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Home My WebLink About20031103Objections of Citizens to Clear Talk Requests.pdfMorgan W. Richards, ISB No. 1913 MOFFATT, THOMAS, BARRETT, ROCK & FIELDS, CHARTERED 101 S. Capitol Boulevard, 10th Floor Post Office Box 829 Boise, Idaho 83701 Telephone: (208) 345-2000 Facsimile: (208) 385-5384 mwr(0moffattcom 15-881.19 ~ECEIVED .~-- 0ILED zaB3 ~mv -3 Prl 4: 29 ; , i ; U UTrLlTiES cor'H"i/SSION Attorneys for Citizens Telecommunications Company of Idaho BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE PETITION OF IAT COMMUNICATIONS , INe., d. NTCH-IDAHO, INe. OR CLEAR TALK FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER Case No. GNR-03- IN THE MATTER OF THE APPLICATION OF NPCR, INe. d.a. NEXTEL PARTNERS SEEKING DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER Case No. GNR-03- OBJECTIONS OF CITIZENS TELECO MMUNI CA TI 0 NS CO MP ANY OF IDAHO TO CLEAR TALK' DISCOVERY REQUESTS COMES NOW Citizens Telecommunications of Idaho ("Citizens ), by and through its attorneys, and objects to Clear Talk's First Set of Discovery Requests as follows: DATA REQUESTS Please identify all services provided to your customers, including whether such service is available throughout your service area. CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS -1 BOI MT2:526896. RESPONSE NO.: Citizens objects to this request as vague and ambiguous, and as being burdensome. Citizens objects that the information sought is equally available to the requesting party by looking at Citizen tariffs on file with the Idaho Public Utilities Commission. Does Citizens, including its employees, officers, agents or outside consultants, subscribe to Clear Talk's wireless service in Idaho? RESPONSE NO.: Citizens 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. Citizens further objects on the grounds that this request is burdensome. If Citizens, including its respective employees, officers, agents or outside consultants, subscribe to Clear Talk's wireless service in Idaho, please identify such subscribers object by name and specify how long they have subscribed to Clear Talk's wireless service in Idaho. Refer to information on file with the Idaho Public Utilities Commission. RESPONSE NO.: Citizens 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. Citizens further objects on the grounds that this request is burdensome. Please identify the wirecenter(s) through which you, including any affiliate( s), provide service. Please provide a detailed map of the boundaries for the wirecenter(s) identified in response to foregoing question. RESPONSE NO. 7(a): Citizens objects that the information sought is equally available to the requesting party by looking at Citizens tariffs on file with the Idaho Public Utilities Commission. Please specify when the foregoing wirecenter(s) was/were established. CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 2 BOI MT2:526896. RESPONSE NO. 7(b): Citizens objects to this request on the grounds that it requires speculation. Citizens did not acquire these exchanges until 1994. 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. RESPONSE NO. 7(c): Citizens objects to this request on the grounds that it requires speculation. Citizens did not acquire these exchanges until 1994. Please provide a map of your network in the foregoing wirecenter(s). RESPONSE NO. 7(d): Citizens 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. Citizens objects to this request as vague and ambiguous, and as being burdensome and on the grounds that the information is privileged and confidential. Please provide a map showing your service coverage in the foregoing wirecenter(s). RESPONSE NO. 7(e): Citizens objects that the information sought is equally available to the requesting party by looking at Citizens tariffs on file with the Idaho Public Utilities Commission. Please identify any plans you have to increase service in the foregoing wirecenter(s) and the schedule for any planned improvements. RESPONSE NO. 7(h):Citizens 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. Citizens further objects on the grounds that this request is burdensome. Citizens objects to this request as vague and ambiguous. CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 3 BOI MT2:526896. Please identify the "local calling area(s)" provided to your customers in the foregoing wirecenter(s). RESPONSE NO. 7(m): Citizens objects that the information sought is equally available to the requesting party by looking at Citizens tariffs on file with the Idaho Public Utilities Commission. What is your average monthly revenue per customer for the foregoing wirecenter( s )? RESPONSE NO. 7(n): Citizens 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. Citizens objects to this request on the grounds that it requires speculation. Citizens objects to this request as burdensome to the extent it would require Citizens to conduct analyses of Idaho customer data that do not otherwise exist. What is the average monthly revenue per customer for the foregoing wirecenter(s) without USF support? RESPONSE NO. 7(0)Citizens 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. Citizens objects to this request on the grounds that it requires speculation. Citizens objects to this request as burdensome to the extent it would require Citizens to conduct analyses of Idaho customer data that do not otherwise exist. Have you lost any access lines or customers since Clear Talk began offering service in the foregoing wirecenter(s)? CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 4 BOI MT2:526896. RESPONSE NO. 7(p): Citizens objects to this request on the grounds that it requires speculation. Citizens objects to this request as burdensome to the extent it would require Citizens to conduct analyses of Idaho customer data that do not otherwise exist. 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 of lines or customers lost for each such wirecenter and when such lines and/or customers were reportedly lost. RESPONSE NO. 7(q): Citizens objects to this request on the grounds that it requires speculation. Citizens objects to this request as burdensome to the extent it would require Citizens to conduct analyses of Idaho customer data that do not otherwise exist. 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 of lines and/or customers to the presence of Clear Talk's wireless service. RESPONSE NO. 7(r):Citizens objects to this request on the grounds that it requires speculation. Citizens objects to this request as burdensome to the extent it would require Citizens to conduct analyses of Idaho customer data that do not otherwise exist. 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. RESPONSE NO. 7(s): Citizens objects to this request on the grounds that it requires speculation. Citizens objects to this request as burdensome to the extent it would require Citizens to conduct analyses of Idaho customer data that do not otherwise exist CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 5 BOI MT2:526896. Itemize your capital expenditures in the foregoing wirecenter(s) in 2002 and 2003. RESPONSE NO. 7(1): Citizens 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. Citizens objects to this request as vague and ambiguous, and as being burdensome. 9. (sic J 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. RESPONSE NO.: Citizens 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. Citizens objects to this request as vague and ambiguous, and as being burdensome. Citizens objects to this request on the grounds that it requires speculation. 10.Please describe or provide copies of your policies or analyses for evaluating service requests for a location where service is not provided. RESPONSE NO. 10: Citizens objects that the information sought is equally available to the requesting party by looking at Citizen tariffs on file with the Idaho Public Utilities Commission. 11.Please itemize the level ofUSF support that you receive for each month in 2003. RESPONSE NO. : Citizens objects that the information sought is equally available to the requesting party. The requested can be found at USAC's web address http://www.universalservice.org/overview/filings/.2003/Q4/. CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 6 BOI MT2:526896. 15.Please provide details regarding the long distance products and services that you offer to your customers. RESPONSE NO. 15 : Citizens objects that the information sought is equally available to the requesting party by looking at Citizens tariffs on file with the Idaho Public Utilities Commission. 20.What Internet access products and services do you plan to offer within the next 12 months to your customers? RESPONSE NO. 20: Citizens 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. Citizens further objects on the grounds that this request is burdensome. Citizens objects to this request on the grounds that it requires speculation. To the extent this request seeks information not previously disclosed in public documents, such information is confidential, privileged and a Trade Secret. 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. RESPONSE NO. 27 : Citizens 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. Citizens objects to this request as vague and ambiguous, and as being burdensome. Citizens objects to this request on the grounds that it requires speculation. To the extent this request seeks information not previously disclosed in public documents, such information is confidential, privileged and a Trade Secret. CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 7 BOI MT2:526896. 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. RESPONSE NO. 28 : Citizens 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. Citizens objects to this request as vague and ambiguous, and as being burdensome. Citizens objects to this request on the grounds that it requires speculation. To the extent this request seeks information not previously disclosed in public documents, such information is confidential, privileged and a Trade Secret. 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. RESPONSE NO. 29 : Citizens 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. Citizens objects to the extent such request seeks attorney notes, work product or other attorney papers are privileged and confidential and protected by the work product exception. Notwithstanding the objection, communication with the PUC staff has been limited to procedural questions. 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. RESPONSE NO. 30 : Citizens 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 CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 8 BOI MT2:526896. admissible evidence. Citizens objects to the extent such request seeks attorney notes, work product or other attorney papers are privileged and confidential and protected by the work product exception. Notwithstanding this objection, communication with the PUC staff has been limited to procedural questions. 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. RESPONSE NO. 32: Citizens 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. Citizens objects to the extent such request seeks attorney notes, work product or other attorney papers are privileged and confidential and protected by the work product exception. 33.Please provide copies of the documents relating to your 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. RESPONSE NO. 33 : Citizens 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. Citizens objects to the extent such request seeks attorney notes, work product or other attorney papers are privileged and confidential and protected by the work product exception. CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 9 BOI MT2:526896. 34.Please provide copies of your financial statements for the six months ended June 30, 2003 and audited financial statements for the fiscal years 2002, 2001 , and 2000. RESPONSE NO. 34:Citizens further objects that the information sought is equally available to the requesting party. Subject to those objections, Citizens is a publicly traded company that regularly files detailed financial information with the Securities and Exchange Commission ("SEC" 35.Please provide copies your state of Idaho income tax reports for the fiscal year 2002. RESPONSE NO. 35: Citizens 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. Citizens further objects on the grounds that this request is burdensome. Subject to those objections, Citizens is a publicly traded company that regularly files detailed financial information with the Securities and Exchange Commission ("SEC" Respectfully submitted this 3rd day of November, 2003. MOFFATT, THOMAS, BARRETT, ROCK & FIELDS, CHARTERED By c.J.. /G.JD, Morgan . Richards - Of th Firm Attorneys for Citizens Telecommunications Company of Idaho CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 10 BOI MT2:526896. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 3rd day of November, 2003 , I caused a true and correct copy of the foregoing CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS to be served by the method indicated below, and addressed to the following: John Hammond, Deputy AG 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. IA T COMMUNICA noNs, 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 J. 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. BRIGGS AND MORGAN, P. 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 CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 11 BOI MT2:526896. Lance A. Tade, Manager State Government Affairs CITIZENS TELECOMMUNICA nONS COMPANY OF IDAHO 4 Triad Center, Suite 200 Salt Lake City, UT 84180 Robert M. Nielsen 548 E Street Post Office Box 706 Rupert, Idaho 83350 Charles H. Creason, Jr. President and General Manager PROJECT MUTUAL TELEPHONE COOPERATIVE ASSOCIATION, INc. 507 G Street Post Office Box 366 Rupert, Idaho 83350 Mary S. Hobson STOEL, RIVES, LLP. 101 South Capitol Boulevard, Suite 1900 Boise, Idaho 83702 (X) U.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile (X) U.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile (X) US. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile (X) US. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile IJ rwr u. /L.J2...1, , . Morgan W, Richards CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO'S RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 12 BOI MT2:526896.