200311141st Response of ITA to Clear Talk.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]
cew(illgi venspurs1ey .com
liECEIVED
FILED
20m ~mv I () PM 4:
ICU\ PUBLIC
UTILITIES COt11'1ISSION
Attorneys for Idaho Telephone Association
S:\CLIENTS\1233\170\IT A's Rsp to Clear Talk's First Set of Disc Reg.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- T -03-
GNR-03-
IN THE MATTER OF THE APPLICATION
OFNPCR, INC., d/b/aNEXTELPARTNERS
SEEKING DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS
CARRIER.
ITA'S ANSWERS AND
RESPONSES TO CLEAR TALK'
FIRST SET OF DISCOVERY
REQUESTS
COMES NOW Idaho Telephone Association, by and through its attorneys of record
Givens Pursley LLP, and hereby answers and responds to Clear Talk's First Set of Discovery
Requests to IT A. In preparing these responses, the IT A has made no attempt to include data
from Inland Telephone Company ('Inland") or Oregon Idaho Utilities ("OIU"). Inland has only
asmall service territory in northern Idaho , and OIU serves only a handful ofIdaho customers in
Silver City. Neither company has taken an active role in this case, nor have they been included
in the data presented in the ITA's testimony.
Please identify the members of IT A.
OR\G\NAL
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 1
ANSWER: Footnote 1 to Dan Trampush's testimony lists all the ITA members except
Columbine Telephone Company. Company specific responses for the following answers
were furnished under the direction and supervision of the following individuals:
Rich Redman
Vice President
Albion Telephone Company
225 West North Street
PO Box 98
Albion, ID 93311
[phone]
Rick Wiggins
President
Cambridge Telephone Company
130 Superior Street
PO Box 88
Cambridge, ID 83610
[phone]
Allen Hoopes
President
Columbine Telephone Company, Inc.
104101 Highway 89
PO Box 226
Freedom, WY 83120
[phone]
Dennis Thornock
Manager
Custer Telephone Cooperative, Inc.
1111 Main St.
PO Box 324
Challis, ID 83226
[phone]
Leonard May
President
Direct Communications Rockland, Inc.
150 S. Main
PO Box 270
Rockland, ID
[phone]
Jay Garrett
Manager
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 2
Farmers Mutual Telephone Company
319 SW 3rd St.
Fruitland, ID 83619
[phone]
John Gunn
Manager
Filer Mutual Telephone Company
405 Main St.
PO Box 89
Filer, ID 83328
[phone]
Mike Dolezal
Manager
Fremont Telcom Co.
110 E. Main St.
St. Anthony, ID 83445
[phone]
Karen Williams
Vice President
Midvale Telephone Exchange, Inc.
2205 Keithly Creek Road
PO Box 7
Midvale, ID 83645
[phone]
Floyd White
Manager
Mud Lake Telephone Cooperative
365 Main St.
PO Box 235
DuBois, ID 83423
[phone]
Charlie Creason
President
Project Mutual Telephone Company
507 G St.
Rupert, ID 83350
[phone]
Mark Martell
Rural Telephone Company
704 W. Madison Ave.
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 3
PO Box 969
Glenns Ferry, ID 83623
[phone]
Allen Hoopes
President
Silver Star Telephone Company, Inc.
104101 Highway 89
PO Box 226
Freedom, WY 83120
[phone]
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.
ANSWER: The following list excludes non-operating holding companies or affiliates:
Albion-ATC Long Distance (Long Distance/sister corp.) and Telsat Systems, Inc.
(Cable TV/subsidiary).
Cambridge-CTC Communications (CLEC/ sister corp.
Columbine-Sister corporation to Silver Star
Custer-None
Farmers-Provides wireless service, in cooperation with other telephone companies, as
Snake River PCS.
Filer-None
Fremont-A subsidiary of Fairpoint Communications, which also owns Fretel, Inc., a
CLEC in the Idaho Falls area. Fretel also offers internet access, DSL, wireless, and resold long
distance.
Midvale-Rural Network Services (CLEC, long distance and internet/sister corp.
Mud Lake-None
Project Mutual-None
Direct Communications-Rockland-Direct Communications Long Distance (Long
Distance/sister corp.) and Direct Communications Internet (Internet access/sister corp.
Rural Telephone-None
Silver Star-Sister corporation to Columbine
3. For each IT A 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).
ANSWER: For services offered by affiliates, please see the response to Request No.
above. All IT A members offer the full panoply of local exchange telephone services including,
but not limited to, intrastate basic local exchange service for end users and access services to
interexchange carriers. Non-core service offerings by the telephone companies themselves are
listed below. CLEC activities are conducted only outside each member company s home
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 4
exchanges or service territories. Cable TV and DSL are not generally available through the
entirety of company s service area.
Albion-Dial up internet access, DSL.
Cambridge- Dial up internet access, DSL, wireless internet, cable TV, long distance
and PCS (through Snake River PCS).
Columbine-Internet access, DSL.
Custer-Internet access, DSL, wireless and long distance/
Farmers- Dial up internet access, DSL, long distance, and PCS (through Snake River
PCS).
Filer- Dial up internet access, DSL.
Midvale- Dial up internet access, DSL.
Mud Lake- Dial up internet access, DSL.
Project Mutual-Internet access, DSL, cable TV, wireless and long distance.
Direct Communications-Rockland-None
Rural Telephone-Internet access, cable TV, and PCS (through Snake River wireless).
Silver Star- Dial up internet access, DSL.
4. Please identify by name, title, address and telephone number each person(s) who
participated in preparing responses to these Data Requests.
ANSWER: Conley Ward, ITA's Attorney (address & phone number in pleadings); Dan
Trampush (title and address in testimony; phone number is [phone]). Also, please see
the response to Request No.1 above.
5. Please identify by name, title, address and telephone number each person(s) who
can testify regarding each response to these Data Requests.
ANSWER: Dan Trampush
6. Does IT A or any of its members or their employees, officers, agents or outside
consultants subscribe to Clear Talk's wireless service in Idaho?
ANSWER: Objection filed
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.
ANSWER: Objection filed
8. For each ITA member and each affiliate of an ITA member, please identify the
wirecenter(s) through which it provides service.
ANSWER:
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 5
Albion-Albion, Almo, Elba, Raft River, Malad Holbrook, Arco, Mackay, Moore, and
Howe.
Cambridge-Cambridge, Council, Indian Valley, Cuprum, Lowman, Hidden Springs
CTC)
Columbine-Victor, Driggs, Tetonia
Custer-Challis, Clayton, Elk Bend, May/Ellis
Farmers-Fruitland, NuAcres
Filer-Filer, Hollister/Rogerson, Jackpot NY
Fremont-Ashton, St. Anthony, Island Park
Midvale-Lakeview, Midvale, Warm Lake, Yellowpine, Warren, Stanley, and Weiser
(RNS)
Mud Lake-DuBois, Hamer, Kilgore, Monteview, and Terreton
Project Mutual-Oakley, Rupert, Minidoka, Norland, and Paul
Direct Communications-Rockland-Paris, Rockland, and Arbon
Rural Telephone-Three Creek, Shoup, Prairie, Boise River, Tipanuk, and Atlanta
Silver Star-Freedom, WYa. Please provide detailed maps of the boundaries for the wirecenters identified in
response to the foregoing question.
ANSWER: Wirecenters do not have "boundaries." Please see the attached exchange
maps.
Please specify when each of the foregoing wirecenters was established.
ANSWER: The ITA members ' exchange boundaries were generally established decades
ago and, in most cases, predate existing records. The IT A has no information regarding the date
exchanges acquired from U S WEST (Qwest) were 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.
ANSWER: The only "boundary change" in many years was Silver Star s recent
conversion of Irwin and Wayan from wire centers to concentrators. The change was made to
eliminate remotes.
wirecenters.
Please provide a map of each ofITA's members ' networks in the foregoing
RESPONSE: Objection filed.
wirecenters
Please provide a map showing IT A's members ' service coverage in the foregoing
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 6
RESPONSE: Each member s service coverage for local exchange service is coterminous
with its exchange boundaries because it is required by law to provide service throughout its
service territory.f. Please identify, in terms of percentage of wire center area, the extent ofITA'
members ' service coverage in the foregoing wirecenters.
ANSWER: 100%
g.
Please identify any areas within the foregoing wirecenters where service is not
currently provided by an IT A member.
ANSWER: See above.
h. Please identify any IT A member s plans to increase service in the foregoing
wirecenters and the schedule for any planned improvements.
ANSWER: Objection filed.i. Upon receipt of a service request for a wirecenter served by an IT A 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?
ANSWER: This question cannot be answered in the abstract. Most service requests can
be met in hours or days. If new construction is required, the timing depends on the location.
j.
Do any ITA members have any outstanding (i., unfulfilled) requests for service
in the foregoing wirecenters?
ANSWER: No ITA member reported any held orders.
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.
ANSWER: See above
1. 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.
ANSWER: Seej above
m. Upon receipt of a service request for a wirecenter served by an IT A member, in a
location where the ITA member does not currently provide service, please estimate the costs
associated with providing service to such a location for each such member.
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 7
ANSWER: The question can t be answered in the abstract. Costs vary with individual
circumstances.
n. What is the average monthly revenue per customer for each of IT A's members in
the foregoing wirecenters?
ANSWER: Objection filed.
o. What is the average monthly revenue per customer for each ofITA's members in
the foregoing wirecenters without USF support?
ANSWER: Objection filed.
p.
Have any IT A members lost any access lines or customers since Clear Talk began
offering service in the foregoing wirecenters?
ANSWER: ITA members have no reliable infor:mation regarding this question, other
than that contained in Mr. Trampush's testimony.
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 ITA member and when such lines and/or customers were reportedly
lost.
ANSWER: See 8(P) above.r. If any IT A 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.
RESPONSE: See 8(P) above.s. If any IT A 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.
RESPONSE: See 8(p) above.t. Itemize each IT A member s capital expenditures in the foregoing wirecenters in
2002 and 2003.
ANSWER: Objection filed.
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 8
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 IT A member.
ANSWER: Assuming that the question is intended to discover whether the IT A members
use anything other than their own equipment to serve their exchanges, the answer is none, other
than SS7 signaling delivered in part over networks owned by Syringa Networks and/or Illuminet
Inc.
9. Please describe or provide copies ofITA's members' policies or analyses for
evaluating service requests for a location where service is not provided.
ANSWER: All commercial IT A members have tariffs on file with the Commission that
describe their line extension policies in considerable detail. The Idaho Rural Exchange Carrier
(IREC) tariff describes the connection policies for exchange access customers, such as IXCs, for
all IT A members except Midvale Telephone, which files its own tariff. Both tariffs are available
for public inspection at the Idaho Public Utilities Commission. The cooperative members of the
ITA generally follow line extension policies that are similar to the commercial companies
tariffs. In most instances, this means that an applicant for service at a new location receives a
free footage allowance and then pays time and materials charges for construction beyond that
allowance.
10. Please itemize the level ofUSF support that ITA's members receive for each
month in 2003.
ANSWER: Objection filed.
11. Please identify the percentage of each ITA member s subscribers for which such
member receives USF support.
ANSWER: If support is available, it benefits all access lines.
12. Do ITA members have any Idaho interconnection agreements that are not publicly
available through the Idaho Public Utilities Commission?
ANSWER: No, other than two agreements Fremont is preparing to file.
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).
RESPONSE: To be provided.
14. Please identify the "local calling area(s)" provided to ITA's members' customers
in the foregoing wirecenters.
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 9
ANSWER: All ITA members, including the unregulated cooperatives, participate in the
local calling areas established in the PUC's various extended area service orders. Those orders
are available for public inspection at the Commission s offices. Exchanges not within the
regional calling areas have the calling areas described below:
Cambridge-Council has EAS to New Meadows. Lowman has EAS to Boise and
Garden Valley.
Custer-Has toll free calling to its exchanges only
Farmers-Fruitland has toll free calling to Ontario, Oregon. NuAcres has toll free
calling to Ontario, Nyssa, and Vale Oregon exchanges.
Midvale- The local calling area for all exchanges other than Midvale and Weiser is the
individual exchange s boundaries.
Rural-The local calling area for all exchanges other than Tipanuk, Boise River, and
Prairie is the individual exchange s boundaries.
15. Please provide details regarding the long distance products and services that
ITA's members offer to their respective customers.
ANSWER: All IT A members offer equal access to long distance providers. Those
providing resold long distance are described in earlier responses.
16. Has an ITA member ever been approached by Clear Talk or any other carrier to
cooperatively offer wireless service in Idaho?
ANSWER: Yes.
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)?
ANSWER: The members who provide wireless service are identified in the response to
Request Nos. 2 and 3.
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.
ANSWER: The reasons vary with the individual offers, but in general proposals have
been rej ected because (1) the other party s service reputation was not deemed to be reliable, (2)
the proposal was uneconomic, and/or (3) the member rejected wireless service as outside its core
area of competence.
19. What Internet access products and services do IT A members offer to their
respective Idaho customers?
ANSWER: See the responses to Request Nos. 2 and 3.
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 10
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: Objection filed.
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?
ANSWER: No.
22. If any IT A member is affiliated in any way with any company(ies) that have
applied for designation as a competitive, wire1e"ss 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).
ANSWER: Not applicable.
23. 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 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.
ANSWER: Not applicable.
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.
ANSWER: Not applicable.
25. 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 charges, or
proposed charges, to be levied against customers for the wireless universal service offering(s).
ANSWER: Not applicable.
26. Please identify each IT A 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.
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS -
ANSWER: Objection filed.
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: Objection filed.
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.
RESPONSE: No substantive communications have taken place other than discussions
between counsel regarding the status of discovery requests and responses.
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.
RESPONSE: No substantive communications have taken place.
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).
ANSWER: Not applicable.
31. Please provide copies of the documents relating to IT A'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.
RESPONSE: There are no such documents, other than copies of the applications in this
case, which were submitted to the members for review. The decision was made at a meeting of
the IT A membership after consultation with counsel for the IT A. No minutes are kept of IT A
discussions of legal matters, and the nature of the verbal discussions are protected by attorney-
client privilege.
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 ofIdaho, including but not limited to
memorandums, board of director minutes, management presentations, correspondence and
financial analysis and forecasts.
RESPONSE: Objection filed. Without waiving its objections, the ITA responds that it is
very unlikely that any such documents exist because the course of action was obvious. IT
members had to secure ETC status to continue receiving USF support.
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 12
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: Objection filed. Without waiving its objection, the ITA notes that financial
records for its commercial companies are available at the Idaho Public Utilities Commission.
34. Please provide copies of the state of Idaho income tax reports for IT A and its
individual members for the fiscal year 2002.
RESPONSE: Objection filed.
DATED this 10th day of November, 2003.
aho Telephone Association
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS - 13
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 10th 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
) US. Mail
( vi Hand Delivered
) Overnight Mail
( ) Facsimile
Molly O'Leary
RICHARDSON & O'LEARY
99 E. State Street, Ste. 200
Eagle, ID 83616
( v1 US. Mail
) Hand Delivered
) Overnight Mail
( ) Facsimile
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
( /) US. Mail
) Hand Delivered
) Overnight Mail
) Facsimile
Dean J. Miller
MCDEVITT & MILLER
420 W. Bannock Street
O. Box 2564
Boise, ID 83701-2564
) US. Mail
( v1 Hand Delivered
) Overnight Mail
) Facsimile
Philip R. Schenkenberg
2200 First National Bank Building
332 Minnesota Street
Saint Paul, MN 55101
(v1 US. Mail
) Hand Delivered
( ) Overnight Mail
) Facsimile
Morgan W. Richards
Moffatt, Thomas, Barrett, Rock & Fields
101 S. Capitol Blvd., 10th Floor
O. Box 829
Boise, ID 83701-0829
) US. Mail
( -II Hand Delivered
) Overnight Mail
( ) Facsimile
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS-
Lance A. Tade, Manager
State Government Affairs
Citizens Telecommunications Company ofIdaho
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
(v) US. Mail
J Hand Delivered
( J Overnight Mail
J Facsimile
( /J US. Mail
J Hand Delivered
J Overnight Mail
( J Facsimile
(/J US. Mail
J Hand Delivered
J Overnight Mail
( J Facsimile
ITA'S ANSWERS AND RESPONSES TO CLEAR TALK'S FIRST SET OF DISCOVERY REQUESTS-
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