20030822Nextel Reponse to Citizens.pdf

McDEVITT & MILLER, LLP
Dean 1. Miller (ISB No. 1968)
420 West Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Phone [phone]
Facsimile [phone]
joe~mcdevitt -miller. com
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BRIGGS AND MORGAN, P.
Philip R. Schenkenberg (MN #260551)
2200 First National Bank Building
332 Minnesota Street
Saint Paul, Minnesota 55101
Phone [phone]
Facsimile [phone]
pschenkenberg~briggs. com
Attorneys For NPCR, Inc. d/b/a Nextel Partners
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Petition of IA T
Communications, Inc. d/b/a NTCH-Idaho, Inc., or )
Clear Talk for Designation as an Eligible
Telecommunications Carrier
Case 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. GNR-O3-
NEXTEL PARTNERS' OBJECTIONS TO REQUESTS FROM CITIZENS
TELECOMMUNICATIONS COMPANY OF IDAHO
For its objections to requests to Citizens Telecommunications Company of Idaho
Citizens ), Nextel Partners states as follows:
REQUEST NO.
Identify the number of current Nextel customers that have a billing address in each
respective wire center served by Citizens in the area in which Nextel is seeking ETC status.
OBJECTION:
Nextel Partners objects to this request as calling for information that is neither admissible
nor reasonably calculated to lead to the discovery of admissible evidence. To the extent this
request seeks information not previously disclosed in public documents, such information is
confidential, privileged and a Trade Secret. Subject to those objections and without waiver
thereof, Nextel Partners will provide its most recent line count data filed with the Universal
Service Administrative Company ("USAC"
REQUEST NO.
Identify the number, including zero as appropriate, of current Nextel customers that have
a billing address in each respective wire center served by Citizens in the area in which Nextel is
not seeking ETC status.
OBJECTION:
Nextel Partners objects to this request as calling for information that is neither admissible
nor reasonably calculated to lead to the discovery of admissible evidence. To the extent this
request seeks information not previously disclosed in public documents, such information is
confidential, privileged and a Trade Secret. Nextel Partners is not seeking ETC designation in
those areas.
REQUEST NO.
Identify the NP A-NXXs currently assigned to Nextel that will be used to serve customers
in the area in which Nextel is seeking ETC status.
OBJECTION:
Nextel Partners objects to this request as overbroad and as seeking information that is
neither admissible nor reasonably calculated to lead to the discovery of admissible evidence.
Subject to that objection and without waiver thereof, Nextel Partners will provide the number
blocks it has today in Idaho, and the rate centers associated with those number blocks.
REQUEST NO.
Identify which NP A-NXXs are currently assigned to customers in each respective wire
center served by Citizens in the area in which Nextel is seeking ETC status.
OBJECTION:
Nextel Partners objects to this request as overbroad and as seeking information that is
neither admissible nor reasonably calculated to lead to the discovery of admissible evidence.
Subject to that objection and without waiver thereof, Nextel Partners will provide the number
blocks it has today in Idaho, and the rate centers associated with those number blocks.
REQUEST NO.
Identify the location by street address of all towers/antenna used to serve Nextel
customers in each respective wire center served by Citizens in the area in which Nextel is
seeking ETC status.
OBJECTION:
Nextel Partners will provide this information only subject to a protective order that
prevents its confidential company information from being available to persons with business
responsibility within Citizens or any IT A company. Such information is confidential, privileged
and a Trade Secret.
REQUEST NO.
Identify the number and address of all new cell site tower/antenna placed in served in
Idaho by Nextel, respectively, in 2002 and 2003.
OBJECTION:
Nextel Partners will provide this information only subject to a protective order that
prevents its confidential company information from being available to persons with business
responsibility within Citizens or any ITA company. To the extent this request seeks information
not previously disclosed in public documents, such information is confidential, privileged and a
Trade Secret.
REQUEST NO.
For each cell site tower/antenna identified in response to Request No., identify the time
frame in weeks, from the identification of a need for a cell site tower/antenna to the completion
and turn up of the tower/antenna.
OBJECTION:
Nextel Partners objects to this request as calling for information that is neither admissible
nor reasonably calculated to lead to the discovery of admissible evidence.Nextel Partners
further objects to this request as burdensome to the extent it would require an analysis of
numerous cell tower projects. Subject to these objections and without waiver thereof, Nextel
Partners will provide the following information in response to this request: this process can take
as few as 3 months and as many as 18 months. On average, this is approximately an 8 month
process.
REQUEST NO.
For each cell site tower/antenna identified in Request No., identify any government
consent, permit or approval that was required to construct or place facilities on or to the tower
from federal, state or local government or regulatory authorities. Identify the time frame in
weeks, from the identification of a need for a cell site tower/antenna to the receipt of the
government consent, permit or approval for each cell site tower/antenna.
OBJECTION:
Nextel Partners objects to this request as calling for information that is neither admissible
nor reasonably calculated to lead to the discovery of admissible evidence. To the extent this
request seeks information not previously disclosed in public documents, such information is
confidential, privileged and a Trade Secret.
Nextel Partners further objects to this request as burdensome to the extent it would
require an analysis of numerous cell tower projects.
REQUEST NO. 10
Identify the number and addresses in Idaho where Nextel plans to build cell site
tower/antenna in 2003 , 2004, and 2005. Differentiate the towers that would be constructed
without universal service funding and with universal service funding assuming ETC designation
was obtained.
OBJECTION:
Nextel Partners objects to this request as calling for information that is neither admissible
nor reasonably calculated to lead to the discovery of admissible evidence. To the extent this
request seeks information not previously disclosed in public documents, such information is
confidential, privileged and a Trade Secret.
REQUEST NO. 11
For each cell site tower/antenna identified in Request No. 10, identify the estimated time
frame in weeks to complete construction and turn up of the tower/antenna for each cell site
tower/antenna.
OBJECTION:
Nextel Partners objects to this request as calling for information that is neither admissible
nor reasonably calculated to lead to the discovery of admissible evidence. To the extent this
request seeks information not previously disclosed in public documents, such information is
confidential, privileged and a Trade Secret. See response to Request No.
REQUEST NO. 12
For each cell site tower/antenna identified in response to Request No. 10, identify any
government consent, permit or approval that will be required to construct or place facilities on
the tower from federal, state or local government or regulatory authorities. Estimate the time
frame in weeks to obtain the government consent, permit or approval for each cell site
tower/antenna.
OBJECTION:
Nextel Partners objects to this request as calling for information that is neither admissible
nor reasonably calculated to lead to the discovery of admissible evidence. To the extent this
request seeks information not previously disclosed in public documents, such information is
confidential, privileged and a Trade Secret.
REQUEST NO. 13
For each cell site tower/antenna identified in response to Request Nos. 7 and 10, provide
the capacity limits and the number of lines each is able to serve.
OBJECTION:
Nextel Partners objects to this request as calling for information that is neither admissible
nor reasonably calculated to lead to the discovery of admissible evidence. Nextel Partners
further objects to this request as burdensome. An ETC applicant must demonstrate an intent and
ability to serve once designated, and to make a commitment to meet reasonable requests for
service over time. In the Matter of Federal-State Joint Board on Universal Service Western
Wireless Corporation Petition for Preemption of an Order of the South Dakota Public Utilities
Commission Declaratory Ruling, CC Docket 96-, FCC 00-248, 15 FCC Rcd at 15175 (reI.
August 10, 2000) Declaratory Ruling (A telecommunications carrier inability to
demonstrate that it can provide ubiquitous service at the time of its request for designation as an
ETC does not preclude its designation as an ETC. To do so would have the effect of prohibiting
new entrants from providing telecommunications service). An applicant for ETC designation
must be given the same reasonable opportunity to develop its network as that afforded an ILEC:
We find the requirement that a carrier provide service to every potential customer
throughout the service area before receiving ETC designation has the effect of
prohibiting the provision of service in high-cost areas. As an ETC, the
incumbent LEC is required to make service available to all consumers upon
request, but the incumbent LEC may not have facilities to every possible
consumer. We believe the ETC requirements should be no different for carriers
that are not incumbent LECs. A new entrant once designated as an ETC. is
required. as the incumbent is required. to extend its network to serve new
customers upon reasonable request.We find, therefore, that new entrants must be
allowed the same reasonable opportunity to provide service to requesting
customers as the incumbent LEe. once designated as an ETc.Thus we find that
a telecommunications carrier s inability to demonstrate that it can provide
ubiquitous service at the time of its request for designation as an ETC should not
preclude its designation as an ETC
Id (emphasis added). The information requested does not bear on Nextel Partners' compliance
with this standard. To the extent this request seeks information not previously disclosed in
public documents, such information is confidential, privileged and a Trade Secret.
REQUEST NO. 18
Are there any blind spots in Nextel's service area in Idaho that would prevent Nextel from
providing those services it must provide to be designated an ETC?
OBJECTION:
Nextel Partners objects to this request as vague with regard to the term "blind spot.
Subject to that objection Nextel Partners is aware of no limitations that would prevent it from
meeting its obligations as an ETc.
REQUEST NO. 20
Please describe in detail how Nextel terminates calls to Citizens where no interconnection
agreement is in place. How is Citizens compensated for terminating this traffic?
OBJECTION:
Nextel Partners objects to this request as calling for information that is neither admissible
nor reasonably calculated to lead to the discovery of admissible evidence.
REQUEST NO. 31
Does Nextel plan to open customer servIce centers in communities throughout its
designated service area?
OBJECTION:
Nextel Partners objects to this request as calling for information that is neither admissible
nor reasonably calculated to lead to the discovery of admissible evidence. A customer service
center is not a supported service.
Respectfully submitted
Dated: August 22, 2003
McDEVITT & MILLER, LLP
Dean 1. Miller
420 West Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Phone [phone]
Facsimile [phone]
BRIGGS AND MORGAN, P.
Philip R. Schenkenberg (MN #260551)
Matthew Slaven (MN #288226)
2200 First National Bank Building
332 Minnesota Street
Saint Paul, Minnesota 55101
Phone [phone]
Facsimile [phone]
COUNSEL FOR APPLICANT
NPCR, INC d/b/a NEXTEL PARTNERS
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