20031103Objections of ITA to Clear Talks Requests.pdf

Conley E. Ward (ISB No. 1683)
GIVENS PURSLEY LLP
601 W. Bannock Street
O. Box 2720
Boise, ID 83701-2720
Telephone No. [phone]
Fax No. [phone]
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Attorneys for Idaho Telephone Association
S:\CLIENTS\1 233\1 70\ITA's Obj to Clear Talk's First Set of Disc Req.DOC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
IAT COMMUNICATIONS, INC., d/b/a
NTCHIDAHO, INc. OR CLEAR TALK, FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER.
Case Nos. GNR-03-
GNR-03-
IN THE MATTER OF THE APPLICATION
OFNPCR, INC., d/b/aNEXTELPARTNERS,
SEEKING DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS
CARRIER.
IT A'S OBJECTIONS TO CLEAR
TALK'S FIRST SET OF
DISCOVERY REQUESTS
COMES NOW Idaho Telephone Association, by and through its attorneys of record
Givens Pursley LLP, and hereby objects to Clear Talk's First Set of Discovery Requests to ITA
as follows:
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?
ANSWER: The IT A objects to this request on the grounds that the information
requested is irrelevant and not calculated to lead to the discovery of relevant or admissible
evidence. Further, furnishing the requested information would require an unduly intrusive
and burdensome survey of ITA member company employees.
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.
ITA'S OBJECTIONS TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 1
OR\G\NAl
ANSWER: The IT A objects to this request on the grounds that the information
requested is irrelevant and not calculated to lead to the discovery of relevant or admissible
evidence. Further, furnishing the requested information would require an unduly intrusive
and burdensome survey of ITA member company employees.
8. For each IT A member and each affiliate of an ITA member, please identify the
wirecenter(s) through which it provides service.
Please provide a map of each ofITA's members ' networks in the
foregoing wirecenters.
RESPONSE: The ITA objects to this request on the grounds that the information
requested is irrelevant and not calculated to lead to the discovery of relevant or admissible
evidence. Further, the requested information is proprietary and confidential to the ITA
member companies and their customers.
Please identify any ITA member s plans to increase service in the
foregoing wirecenters and the schedule for any planned improvements.
ANSWER: The ITA objects to this request on the grounds that the information
requested is irrelevant and not calculated to lead to the discovery of relevant or admissible
evidence. Further, the requested information is confidential and its compilation would
unduly burdensome.
What is the average monthly revenue per customer for each ofITA'
members in the foregoing wirecenters?
ANSWER: The ITA objects to this request on the grounds that the information
requested is irrelevant and not calculated to lead to the discovery of relevant or admissible
evidence. Further, most ITA members do not keep records of the requested information in
the manner requested.
What is the average monthly revenue per customer for each ofITA'
members in the foregoing wirecenters without USF support?
ANSWER: The ITA objects to this request on the grounds that the information
requested is irrelevant and not calculated to lead to the discovery of relevant or admissible
evidence. Further, most IT A members do not keep records of the requested information in
the manner requested.
Itemize each IT A member s capital expenditures in the foregoing
wirecenters in 2002 and 2003.
ANSWER: The ITA objects to this request on the grounds that the information
requested is irrelevant and not calculated to lead to the discovery of relevant or admissible
ITA'S OBJECTIONS TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 2
evidence. Further, most ITA members do not keep records ofthe requested information in
the manner requested.
10. Please itemize the level ofUSF support that ITA's members receive for each
month in 2003.
ANSWER: The ITA objects to this request on the grounds that the information
requested is equally available to Clear Talk through publicly available reports.
20. What Internet access products and services do ITA's members plan to offer within
the next 12 months to their respective Idaho customers?
ANSWER: The ITA objects to this request on the grounds that the information
requested is irrelevant and not calculated to lead to the discovery of relevant or admissible
evidence. Further, the requested information is confidential and its compilation would
unduly burdensome.
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.
ANSWER: The ITA objects to this request on the grounds that the information
requested is irrelevant and not calculated to lead to the discovery of relevant or admissible
evidence. Further, the requested information is confidential and its compilation would be
unduly burdensome.
27. Please provide copies of any memoranda, meeting notes, emails or other
communications regarding each ITA 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.
RESPONSE: The IT A objects to this request on the grounds that the information
requested is irrelevant and not calculated to lead to the discovery of relevant or admissible
evidence. Further, the requested information is confidential and its compilation would be
unduly burdensome.
32. Please provide copies of the documents relating to each ITA member s 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.
RESPONSE: The ITA objects to this request on the grounds that the requested
information is irrelevant and not calculated to lead to the discovery of relevant or
admissible evidence. Further, the requested information is confidential and its compilation
would be unduly burdensome.
ITA'S OBJECTIONS TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 3
33. Please provide copies of each IT A member s financial statements for the six
months ended June 30, 2003 and audited financial statements for the fiscal years 2002, 2001 , and
2000.
RESPONSE: The ITA objects to this request on the grounds that the requested
information is irrelevant and not calculated to lead to the discovery of relevant or
admissible evidence. Further, the requested information is confidential and its compilation
would be unduly burdensome.
34. Please provide copies of the state ofIdaho income tax reports for ITA and its
individual members for the fiscal year 2002.
RESPONSE: The ITA objects to this request on the grounds that the requested
information is irrelevant and not calculated to lead to the discovery of relevant or
admissible evidence. Further, the requested information is confidential and its compilation
would be unduly burdensome.
DATED this 3rd day of November 2003.
GIVENS PURSLEY LLP
By kbJ1J-Con yE. War
Attorneys for Idaho Telephone Association
ITA'S OBJECTIONS TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 3rd day of November 2003, I caused to be
served a true and correct copy of the foregoing document by the method indicated below
and addressed to the following:
Jean Jewell
Idaho Public Utilities Commission
472 W. Washington Street
O. Box 83720
Boise, ID 83720-0074
( )
u.S. Mail
(X) Hand Delivered
( ) Overnight Mail
) Facsimile
( ) E-Mail
Molly O'Leary
RICHARDSON & O'LEARY
99 E. State Street, Ste. 200
Eagle, ID 83616
(X) U.S. Mail
) Hand Delivered
( ) Overnight Mail
) Facsimile
(X) E-Mail
Sean P. Farrell
IA T Communications, Inc.
NTCH-Idaho Inc., d/b/a Clear Talk
703 Pier Avenue, Suite B
PMB 813
Hermosa Beach, CA 90254
(X) U.S. Mail
) Hand Delivered
( ) Overnight Mail
( ) Facsimile
(X) E-Mail
Dean J. Miller
MCDEVITT & MILLER
420 W. Bannock Street
O. Box 2564
Boise, ID 83701-2564
(X) u.S. Mail
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Hand Delivered
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Facsimile
(X) E-Mail
Philip R. Schenkenberg
2200 First National Bank Building
332 Minnesota Street
Saint Paul, MN 55101
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(X) E-Mail
Morgan W. Richards
Moffatt, Thomas, Barrett, Rock & Fields
101 S. Capitol Blvd., 10th Floor
O. Box 829
Boise, ID 83701-0829
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ITA'S OBJECTIONS TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 5
Lance A. Tade, Manager
State Government Affairs
Citizens Telecommunications Company of Idaho
4 Triad Center, Ste. 200
Salt Lake City, UT 84180
Robert M. Nielsen
548 E Street
O. Box 706
Rupert, ID 83350
Charles H. Creason, Jr.
President and General Manager
Project Mutual Telephone Cooperative Association
507 G Street
O. Box 366
Rupert, ID 83350
(XJ u.S. Mail
J Hand Delivered
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(XJ E-Mail
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ITA'S OBJECTIONS TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 6