20031104Objection of Project Mutual to Clear Talk Requets.pdf

~ ~ ~ ~ :: ;:
;:g 0
..: ~ ::. ;.. '"'
..0::
t.J :.: :: ~ z '
c::: ~
,...
;5 ~
:.; ~
0..:
::::
c:::
Robert M. Nielsen, Esq.
Attorney at Law
548 E Street
O. Box 706
Rupert, Idaho 83350
Telephone: [phone]Facsimile: [phone]
ISB# 1335
Attorney for proj ect Mutual Telephone
Cooperati ve Association, Inc.
RECEIVED 0FILED
ZOll3 tmV -4 AM 5:
I;:' l-'
UTILI iiES'" COrH'1ISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF IAT)
COMMUNICATIONS, INC., d.a. NTCH-
IDAHO, INC., OR CLEAR TALK, FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER.
IN THE MATTER OF THE APPLICATION OF
NPCR , INC., DBA NEXTEL PARTNERS
SEEKING DESIGNATIONS AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER.
COME S NOW proj ect
Association,Inc. ,( \\ PMT" )
record,Robert Nielsen,
Mutual
Case No. GNR-T-03-
Case No. GNR-T-03-
PMT' OBJECTIONS TO
CLEAR TALK'S FIRST SET OF
DISCOVERY REQUESTS
Telephone Cooperati ve
and through it'attorney
and hereby obj ects to Clear Talk'
First Set of Discovery Requests to PMT as follows:
REQUEST NO.Does proj ect Mutual , including its
employees, officers, agents or outside consultants, subscribe to
Clear Talk's wireless service in Idaho?
RESPONSE:PMT obj ects to this request on the grounds that
the information requested is irrelevant and not calculated to
PMT'S OBJECTIONS TO CLEAR TALK'
FIRST SET OF DISCOVERY REQUESTS
~ ~
~..: a
..:: ~
.:. f- ;:: 0 ..: x ::. ;.. 0
..:
t.J = :: ;... z e::gqt;;5 t: :. ~ 0..0::
:::
c:::
lead to the discovery of relevant or admissible evidence.
Further , furnishing the requested information would require an
unduly intrusive and burdensome survey of PMT members,
customers, and employees.
REQUEST NO.If Project Mutual , including its respective
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.
RESPONSE:PMT obj ects 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 PMT members,
customers, and company employees.
REQUEST NO.Please identify the wirecenter (s) through
which you , including any affiliate (s), provide service.
I f 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:PMT obj ects 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 PMT members and customers.
Please provide a map of your network in the foregoing
wirecenter (s) .
RESPONSE:PMT obj ects 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.
PMT'S OBJECTIONS TO CLEAR TALK'
FIRST SET OF DISCOVERY REQUESTS
~ ~ ...,~ ~
:: ;: ~ 0 ..: x ::. ;.. 0 ..0::
~ ~ = :: ~ g ~ ~
;5 t: :. ~ 0..:
::::
c:::
Further , the requested information is proprietary and
confidential to PMT members and customers.
Please provide a map showing your service coverage in
the foregoing wirecenter (s) .
RESPONSE:PMT obj ects to this request on the grounds that
the term "service coverage " is not defined and that the
information requested is irrelevant and not calculated to lead
to the discovery of relevant or admissible evidence.Further
the requested information may be proprietary and confidential to
PMT members and customers.
Please identify, in terms of percentage of wirecenter
area, the extent of your service coverage in the
foregoing wirecenter (s) .
RESPONSE:PMT obj ects to this request on the grounds that
the term "service coverage " is not defined and that the
information requested is irrelevant and not calculated to lead
to the discovery of relevant or admissible evidence.Further,
the requested information may be proprietary and confidential to
PMT members and customers.
Please identify any plans you have to increase service
in the foregoing wirecenter (s) and the schedule for any
planned improvements.
RESPONSE:PMT 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.
What is your average monthly revenue per customer for
the foregoing wirecenter (s) .
RESPONSE:PMT obj ects to this request on the grounds that
the information requested is irrelevant and not calculated to
PMT'S OBJECTIONS TO CLEAR TALK'
FIRST SET OF DISCOVERY REQUESTS
~ ~ ~ ~
:: ;: ~ 0 ..: x ::
. ;.. '"' ..:
t.J ::::: ::: . z - -
:::: ~ ~ ~ ~ :.
0..0::
::::
c:::
lead to the discovery of relevant or admissible evidence.
Further, PMT does not keep records of the requested information
on a wirecenter basis.
What is the average monthly revenue per customer for
the foregoing wirecenter (s) without USF support?
RESPONSE:PMT obj ects 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 , PMT does not keep records of the requested information
on a wirecenter basis.
Have you lost any access lines or customers since
Clear Talk began offering service in the foregoing
wirecenter (s)
RESPONSE:PMT obj ects 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 , PMT does not keep records of the requested information
on a wirecenter or Clear Talk basis.
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:PMT obj ects 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, PMT does not keep records of the requested information
on a wirecenter or Clear Talk basis.
If you have lost any access lines and/or customers
since Clear Talk began offering service in the
PMT'S OBJECTIONS TO CLEAR TALK'
FIRST SET OF DISCOVERY REQUESTS
~,
U) ~
..::~
:: f- co 0
..: ~ ::
~ ~ ~ a
. z - - I'"" ~ Oc::: 0
~ t: :. ~ 0..: c::c:::
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 Tal ks
wireless service.
RESPONSE:PMT obj ects 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, PMT does not keep records of the requested information
on a wirecenter or Clear Talk basis.
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 line
and/ or customers to the presence of Clear Tal k' s
wireless service.
RESPONSE:PMT obj ects 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, PMT does not keep records of the requested information
on a wirecenter or Clear Talk basis.
Itemi ze your capital expenditures in the foregoing
wirecenter (s) in 2002 and 2003.
')~
RESPONSE:PMT obj ects 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, PMT does not keep records of the requested information
on a wirecenter basis.
REQUEST NO. 11:Please itemize the level of USF support
that you receive for each month in 2003.
PMT'S OBJECTIONS TO CLEAR TALK'
FIRST SET OF DISCOVERY REQUESTS
~, ~ ~ ..:: ;:g '""'
f-r-
'-'
..: x ::
~ ~ ~ a
. z - - :::: ~ O: t:;j 0:: t: - 0..:
::::
c:::
RESPONSE:PMT obj ects to this request on the grounds that
the information requested is equally available to Clear Talk
through publicly available reports.
REQUEST NO. 20:What Internet access products and
services do you plan to offer wi thin the next 12 months to your
customers?
RESPONSE:PMT obj ects 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.
REQUEST NO. 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:PMT obj ects 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.
REQUEST NO. 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:PMT obj ects 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.
PMT'S OBJECTIONS TO CLEAR TALK'
FIRST SET OF DISCOVERY REQUESTS
~, ~ ~
:: ;: ~ 0 ..: x ::
~ ~ ~ a
. z - -
:::: ~ ~ ~ ~ :.
0..:
;::::
c:::
....
REQUEST NO. 32:Please provide copies of the documents
relating to your decision to challenge Clear Talk's Application
for ETC designation in the state of Idaho, including but not
limi ted to memorandums, board of director minutes, management
presentations, correspondence and financial analysis and
forecasts.
RESPONSE:PMT obj ects 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.
REQUEST NO. 33:Please provide copies of the documents
relating to your 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:PMT obj ects 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.
REQUEST NO. 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:PMT obj ects 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.
PMT'S OBJECTIONS TO CLEAR TALK'
FIRST SET OF DISCOVERY REQUESTS
~ ~ ~ ~ :: ;:
;:g 0
..: ~ ::
~ ~ ~ a . z - - :::: ~ 9
~ ~ - ~ ..:
c:::
....
REQUEST NO. 35:Please provide copies of your state of
Idaho income tax reports for the fiscal year 2002.
RESPONSE:PMT 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.
DATED this 3rd day of Nove
CERTIFICATE OF MAILING
I hereby certify that on the 3rd day of November, 2003
served a copy of the foregoing PMT'S OBJECTIONS TO CLEAR TALK'
FIRST SET OF DISCOVERY REQUESTS to be served by the method
indicated below , and addressed to the following:
Jean Jewell
Idaho Public Utilities Commission
472 W. Washington Street
P . O. Box 8372
Boise, 10 83720-0074
[phone] (Fax)
Prepaid(x) U. S. Mail, Postage
) Hand Delivered
) Overnight Mail
(x) Facsimile
) Electronic Mail
Molly O'Leary, Esq.
Richardson & 0' Leary, PLLC
99 E. State Street, Suite 200Eagle, 10 83616
molly0richardsonandoleary. com
) U.S. Mail, Postage
) Hand Delivered
) Overnight Mail
) Facsimile
(x) Electronic Mail
Prepaid
Sean P. Farrell, Esq.
IAT Communications, Inc.
NTCH-Idaho Inc., dba Clear Talk
703 pier Avenue, Suite B, PMB 813
Hermosa Beach, CA 90254
(x) U.S. Mail, Postage
) Hand Delivered
) Overnight Mail
) Facsimile
) Electronic Mail
Prepaid
PMT'S OBJECTIONS TO CLEAR TALK'
FIRST SET OF DISCOVERY REQUESTS
~, ~ ~
:: ;: ~ 0 ..: x ::
~~~a . z - -
~ g :'- ~
~ t: - ~ 0..:
;::::
c:::
Morgan W. RichardsMoffatt, Thomas, Barrett, Rock
Fields
101 S. Capitol Blvd., 10th Floor
P . 0 . Box 829
Boise, 10 83701-0829
[phone] (Fax)
mwr0moffatt. com
Mary S. Hobson
Stoel Rives LLP
101 S. Capitol Blvd, Suite 1900Boise, 10 83702-5958
[phone] (Fax)
mshobson0stoel. com
Lance A. Tade, Manager
State Government Affairs
Ci ti zens Telecommunications
Company of Idaho
4 Triad Center, Suite 200Salt Lake City, UT 84180
tade0czn. com
Dean J. Miller , Esq.
420 West Bannock
O. Box 2564-83701Boise, 10 83702
[phone] (Fax)
j oe0mcdevi tt-miller. com
Philip R. Schenkenberg, Esq.
2200 First National Bank Building
332 Minnesota Street
Saint Paul, MN 55101
pschenkenberg0briggs. com
Conley Ward
Gi vens Pursley LLP
277 North 6ili Street,
O. Box 2720Boise, 10 83701
[phone] (Fax)
cew0gi venspursley. com
Suite 200
PMT'S OBJECTIONS TO CLEAR TALK'
FIRST SET OF DISCOVERY REQUESTS
) u.s. Mail, Postage
) Hand Delivered
) Overnight Mail
) Facsimile
(x) Electronic Mail
) u.S. Mail , Postage
) Hand Delivered
) Overnight Mail
) Facsimile
(x) Electronic Mail
) u.S. Mail, Postage
) Hand Delivered
) Overnight Mail
) Facsimile
(x) Electronic Mail
) U. S. Mail, Postage
) Hand Delivered
) Overnight Mail
) Facsimile
(x) Electronic Mail
) u.S. Mail, Postage
) Hand Delivered
) Overnight Mail
) Facsimile
(x) Electronic Mail
) u.S. Mail , Postage
) Hand Delivered
) Overnight Mail
) Facsimile
(x) Electronic Mail
Prepaid
Prepaid
Prepaid
Prepaid
Prepaid
Prepaid
~, ~ ~ ~ ~ ;:g '""'
I"'" r- '-'..: x ::. ;.. 0 ..0::t.J =
:::
. z
:::: ~ ~
~ t
:. ~
0:':: ~c:::
....
Charles H. Creason , Jr.
President & General Manager
proj ect Mutual Telephone
Cooperati ve Association, Inc.
507 G Street
O. Box 366
Rupert, 10 83350
ccreason0pmt. coop
John Hammond, Deputy AG
Idaho Public Utili ties Commission
472 West Washington Street
Boise, 10 83720-0074
[phone] (Fax)
jhammond0puc. state. id. us
Clay Sturgis, Senior Manager
MOSS ADAMS LLP
601 Riverside, Suite 1800
Spokane, WA 99201-0063
clays0mossadams. com
')~
PMT'S OBJECTIONS TO CLEAR TALK'
FIRST SET OF DISCOVERY REQUESTS
) U.S. Mail , Postage
) Hand Delivered
) Overnight Mail
) Facsimile
(x) Electronic Mail
Prepaid
) U.S. Mail, Postage
) Hand Delivered
) Overnight Mail
) Facsimile
(x) Electronic Mail
Prepaid
) U.S. Mail, Postage
) Hand Delivered
) Overnight Mail
) Facsimile
(x) Electronic Mail
Prepaid
Robert M. Nielsen
Attorney at Law