20031210ATT Objections to MCI Requests.pdf

RECEIVED
FILED
AT&T
ZOfi3 DEC 10 Pr1l2: 45
Adam Walczak
Docket Manager
[phone]
! iJ Ii U F' i C
UTiliTIES COt"H'liSSION
December 9 2003
Via Overnieht Delivery and U,S, Mail
Dean J. Miller
McDevitt & Miller LLP
420 West Bannock Street
Boise, Idaho 83702
RE: Docket No. GNR-03-
Dear Mr. Miller:
Enclosed are AT&T's Objections to MCrs Discovery Requests in this matter.
Thank you
~~~
Adam Walczak
Enclosures
cc: Service List
1:6& Recycled Paper
Mary B. Tribby
Letty S.D. Friesen
AT &T Communications of the
Mountain States, Inc.
1875 Lawrence Street, Suite 1575
Denver, Colorado 80202
[phone] (Phone)
[phone] (Fax)
Robert M. Pomeroy Jr.
Holland & Hart LLP
8390 E. Crescent Parkway, Suite.400
Greenwood Village, CO 80111-2800
Telephone: [phone]
Facsimile: [phone]
Attorneys for AT&T
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IPUC RESPONSE TO
FCC ORDER ON REVIEW OF SECTION 251
UNBUNDLING OBLIGATIONS OF
INCUMBENT LOCAL EXCHANGE
CARRIERS (CC DOCKET NO. 01-338
NINE-MONTH REVIEW ON ECONOMIC
AND OPERATIONAL IMPAIRMENT
REGARDING ACCESS TO SPECIFIC UNES
CASE NO. GNR- T -03-
AT&T'S OBJECTIONS TO MCI'S DISCOVERY REQUESTS
AT&T Communications of the Mountain States , Inc. ("AT&T") hereby provides its
objections to MCI's Discovery Requests issued on November 24 2003.
GENERAL OBJECTIONS
1. AT &T objects to each and every Discovery Request as unduly burdensome to the
extent it requests information in a form or of a nature not retained by AT&T in the ordinary
course of business and, therefore , requests information that cannot be provided without
completing a special study or analysis.
2. AT&T further objects to each and every Discovery Request to the extent it
seeks information that is protected by the attorney-client privilege or any other valid privilege
existing within the State of Idaho.
CLEC HOT CUT/CUSTOMER MIGRATION ISSUES
MCIC-265 Please provide, a) on a statewide basis, b) on a CLEC switch CLLI-code-
specific basis, and c) on a Qwest 8-digit (wire center) CLLI-code-specific
basis, monthly data for each month since July 2001 for your retail
customer "churn (i.customer change from one carrier to another) on all
of the following bases. If you provide local service via both UNE-P and
UNE loops, please provide the requested information separately for each of
these serving modes if available. If you provide local service via only one
of these serving modes, please state which one.
(a) number of customers changing carriers, and percentage of then-current
customers changing carriers, by customer type (e.residential , business
with one to three DS-O/voice grade lines to a single customer premises;
business with more than three DS-O/voice grade lines to a single customer
premises);
(b) number of customers changing carriers, and percentage of then-current
customers changing carriers, by service type (i.local exchange voice
service only; long distance voice service only; bundled local exchange and
long distance voice services; bundled local exchange and DSL; and
bundled local exchange, long distance, and DSL services);
(c) number of customers changing carriers, and percentage of then-current
customers changing carriers, by customer type (e.residential, business
with one to three DS-O/voice grade lines to a single customer premises;
business with more than three DS-O/voice grade lines to a single customer
premises) by the following customer ages: 1) churn within the first three
months after the customer s service is provisioned, and 2) churn within the
first six months after the customer s service is provisioned.
AT&T's Response: In addition to the General Objections set forth above , AT&T
objects to this discovery request to the extent it requests information that is not reasonably
calculated to lead to the discovery of relevant and admissible evidence. Without limitation
this discovery request is designed to elicit information about AT&T's specific customer churn
rates. This information may not be relevant to this proceeding because the FCC ordered the
state commissions to hase their impairment analysis on the forward-looking customer churn
rates of a hypothetical, efficient competitive provider, not the historic or estimated customer
churn rates of anyone particular actual competitive provider. See e.
g.
TRO Order 9l 517.
Given the FCC's Order , to the extent possible, generaJJy applicable and publicly available
information should be used to estimate the customer churn rates of an efficient CLEc.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-266 Please provide, a) on a statewide basis, b) on a CLEC switch CLLI-code-
specific basis, and c) on an ILEC 8-digit (wire center) CLLI-code-specific
basis , monthly data for each month since July 2001 for your retail
customer "churn (i.the number of customers changing from one carrier
to another) for residential local exchange customers between each of the
foJJowing service configurations: 1) Qwest voice only 2) Qwest voice plus
DSL; 3) Qwest DSL only; 4) CLEC UNE-P voice only; 5) CLEC switch-
based voice only; 6) CLEC line shming; 7) CLEC line splitting; 8) CLEC
DSL only (e., Qwest voice only to CLEC UNE-P voice only; CLEC A
switch-based voice only to CLEC B switch-based voice only).
AT&T's Response: In addition to the General Objections set forth above, AT&T
objects to this discovery request to the extent it requests information that is not reasonably
calculated to lead to the discovery of relevant and. admissible evidence. Without limitation
this discovery request is designed to elicit information about AT&T's specific customer churn
rates. This information may not be relevant to this proceeding because the FCC ordered the
state commissions to base their impairment analysis on the forward-looking customer churn
rates of a hypothetical , efficient competitive provider, not the historic or estimated customer
churn rates of anyone particular actual competitive provider. See e.
g.
TRO Order 9l517.
Given the FCC's Order, to the extent possible, generally applicable and publicly available
information should be used to estimate the customer churn rates of an efficient CLEc.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant , non-privileged information , if any, responsive to this discovery request
MCIC-267 Please provide, a) on a statewide basis , b) on a CLEC switch CLLI-code-
specific basis, and c) on a Qwest 8-digit (wire center) CLLI-code-specific
basis, monthly data for each month since July 2001 for your retail
customer "churn (i.the number of customers changing from one carrier
to another) for business local exchange voice customers with one to three
lines between each of the foJJowing service configurations: 1) Qwest voice
only 2) Qwest voice plus DSL; 3) Qwest DSL only; 4) CLEC UNE-P voice
only; 5) CLEC switch-based voice only; 6) CLEC line sharing; 7) CLEC
line splitting; 8) CLEC DSL only (e., Qwest voice only to CLEC UNE-
voice only; CLEC A switch-based voice only to CLEC B switch-based
voice only).
AT&T's Response: In addition to the General Objections set forth above , AT&T
objects to this discovery request to the extent it requests information that is not reasonably
calculated to lead to the discovery of relevant and admissible evidence. Without limitation
this discovery request is designed to elicit information about AT&T's specific customer churn
rates. This information may not be relevant to this proceeding because the FCC ordered the
state commissions to base their impairment analysis on the forward-looking customer churn
rates of a hypothetical, efficient competitive provider, not the historic or estimated customer
churn rates of anyone particular actual competitive provider. See e.
g.
TRO Order 9l 517.
Given the FCC's Order, to the extent possible, generally applicable and publicly available
information should be used to estimate the customer churn rates of an efficient CLEC.
Suhject to and without waiving the foregoing general1'1nd specific ohjections , AT&T
wi \I produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-268 Please provide, a) on a statewide basis, b) on a CLEC switch CLLI-code-
specific basis, and c) on a Qwest 8-digit (wire center) CLLI-code-specific
basis, monthly data for each month since July 2001 for your retail
customer "churn (i.the number of customers changing from one carrier
to another) for business local exchange voice customers with more than
three lines between each of the following service configurations: 1) Qwest
voice only 2) Qwest voice plus DSL; 3) Qwest DSL only; 4) CLEC UNE-
voice only; 5) CLEC switch-based voice only; 6) CLEC line sharing; 7)
CLEC line splitting; 8) CLEC DSL only (e., Qwest voice only to CLEC
UNE-P voice only; CLEC A switch-based voice only to CLEC B switch-
based voice only).
AT&T's Response: In addition to the General Objections set forth above, AT&T
objects to this discovery request to the extent it requests information that is not reasonably
calculated to lead to the discovery of relevant and admissible evidence. Without limitation
this discovery request is designed to elicit information about AT&T's specific customer churn
rates. This information may not be relevant to this proceeding because the FCC ordered the
state commissions to base their impairment analysis on the forward-looking customer churn
rates of a hypothetical , efficient competitive provider, not the historic or estimated customer
churn rates of anyone particular actual competitive provider. See e.
g.
TRO Order 9l517.
Given the FCC's Order , to the extent possible. generally applicable and publicly available
information should be used to estimate the customer churn rates of an efficient CLEc.
Suhject to ~md without waiving the foregoing general and specific ohjectiom, AT&T
will produce relevant. non-privileged information. if any. responsive to this discovery request.
MCIC-269 Please provide, a) on a statewide basis, b) on a CLEC switch CLLI-code-
specific basis, and c) on a Qwest 8-digit (wire center) CLLI-code-specific
basis, monthly data for each month since July 2001 on the number of
UNE loops that Qwest has migrated for you through hot cuts (i.
individual coordinated simultaneous transfer of DS-O/voice grade loops
with live customers' service transferred) that involved manual frame (MDF
and/or TDF) jumper work.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-270 With respect to your response to MCIC-269268, please specify the
percentage of hot cuts that were performed within the agreed-upon time
frame (i.e., as of the deadline set pursuant to an interconnection agreement
or otherwise agreed to with Qwest or pursuant to other state requirements).
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-27 1 With respect to the hot cuts identified in response to MCIC-269268,
please provide a detailed description of the work efforts your personnel had
to perform as part of the hot cut process, the costs you incurred (including
non-recurring charges imposed by Qwest), and the maximum daily number
of hot cuts that Qwest has accomplished for you per Qwest 8-digit (wire
center) CLLI code since July 1 2001.
AT&T's Response: In addition to the General Objections set forth above , AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation, this
discovery request is designed in part to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical, efficient
competitive provider, not the historic or estimated costs of anyone particular actual
competitive provider. See e.
g.
TRO Order91517. Given the FCC's Order, to the extent
possible, generally applicable and publicly available information should be used to estimate
the costs of an efficient CLEC.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-272 With respect to your response to MCIC-269268 , please state whether the
existing customer loop was used for each of the migrations identified. If
the loop was not re-used, please provide a detailed explanation of the
reasons why it was not re-used, and any consequence of not being able to
reuse the loop (i., delayed installation interval, loss of customer telephone
number, need for rewiring at customer NID , etc.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsi ve to this discovery request.
MCIC-273 Please provide, a) on a statewide basis , b) on a CLEC switch CLLI-code-
specific basis, and c) on a Qwest 8-digit (wire center) CLLI-code-specific
basis, the number of UNE loop orders that your end user customers
cancelled prior to conversion from another carrier, for each month since
July 2001. If you know the reason(s) for such cancellation(s), please
provide a detailed description of the reason(s) for the cancellation(s) and
any difficulties that arose during the conversion process.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
J I
MCIC-274 Please state the number of loops that you believe is appropriate to include
in a single "batch " as the FCC uses that terminology and concept in 9l 489
of the Triennial Review Order and provide the basis for your belief and
documentation that supports your belief.
AT&T'Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent that it calls for a legal conclusion or analysis.
Subject to and without waiving the foregoing general and specific objections, AT&T
win produce relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-275 Please explain whether you currently have in place electronic systems that
can accomplish , on an automated, flow-through basis (i., no manual
intervention is required for completion of the migration), migrations
between each of the foJJowing service configurations: I) Qwest voice only
2) Qwest voice plus DSL; 3) Qwest DSL only; 4) CLEC UNE-P voice
only; 5) CLEC switch-based voice only; 6) CLEC line sharing; 7) CLEC
line splitting; 8) CLEC DSL only (e., Qwest voice only to CLEC UNE-
voice only; CLEC A switch-based voice only to CLEC B switch-based
voice only).
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T wiJ) produce
relevant,"non-privileged information, if any, responsive to this discovery request.
MCIC-276 With respect to your response to MCIC-275 , please indicate whether your
electronic systems can accomplish each migration type on each of the
following bases:
(a) automated flow-through batch cuts (please indicate the maximum number
of simultaneous loop migrations that you can supportJ;
(b) automated flow-through individual loop hot cuts;
(c) manual batch cuts (please indicate the maximum number of simultaneous
loop migrations that you can SUpP011)
(d) manual individual loop hot cuts.
AT&T's Response: AT&T objects to this discovery request as set forth above in the General
Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-277 Please provide, a) on a statewide basis, and b) on a Qwest 8-digit (wire
center) CLLI-code-specific basis, the number of your UNE-P orders in
Idaho that were fulfilled each month since July 2001.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T wiD produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-278 Please explain whether you have always been able to obtain a customer
service record ("CSR") from Qwest and/or other CLECs for the provision
of 1) local exchange voice service on UNE-P; 2) local exchange voice
service on UNE loop. If not, please provide a detailed explanation of the
reason(s) you did not obtain the CSR.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-279 For all instances in which you receive a CSR from Qwest or other CLECs,
please provide a detailed explanation of the manner (e.g. fax, email, EDI,
third party gateway, etc.) in which you obtain the CSR and whether you
retain the CSR or the information in it (e.g. circuit ill, address, service
features) for the duration of your service to each customer.
AT&T'Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-280 Please provide a detailed explanation of the manner (e., fax, email , EDI,
third party gateway, etc.) in which you provide the CSR or the information
in it (e.g. circuit ill, address, service features) to other carriers (ILEC or
CLECs) to migrate and provision new service for the customer.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-28 1 Please explain whether you currently use an electronic automated (i., not
requiring any manual intervention prior to completion of task) method to
interface with Qwest to send or receive each of the folJowing: a) pre-order
inquiries; b) orders (including placing the order, firm order confirmations,
jeopardy notices , etc); c) provisioning (including the exchange of
information for changes to 911 local number portability, and other
databases); d) maintenance and repair; e) billing.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections , AT&T wiJ) produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-282 Please provide a detailed explanation of the electronic method (e.g. EDI
CORBA, etc.) that you currently use to send to or receive from ILECs
and/or CLECs each of the following: a) pre-order inquiries; b) orders
(including placing the order, firm order confirmations, jeopardy notices
etc.); c) provisioning (including the exchange of information for changes to
911 , local number portability, and other databases); d) maintenance and
repair; e) billing.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections , AT&T wiJ) produce
relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-283 Please explain whether you currently have in place and use electronic
automated systems to process orders placed by customers whose service
will be provisioned using your own switches. If your ordering systems are
only partially electronic and automated, please identify specificaJJy which
portions are electronic and which are manual, and provide a detailed
explanation of the limitations created by the manual portions when
processing customer orders.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections , AT&T will produce
relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-284 With respect to your response to MCIC-283 , if you use existing electronic
automated systems to process orders place by customers whose service will
be provisioned using your own switches, please explain whether those
electronic automated systems have the capacity and capability to be used to
process orders of mass market customers whose service will be provisioned
via your own switches using UNE loops rather than UNE-
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-285 With respect to your response to MCIC-283282, if you cannot use your
existing electronic automated systems to process orders placed by mass
market customers whose service will be provisioned using your own
switches using UNE loops rather than UNE-, please provide a detailed
explanation of every modification or component replacement that you
would have to make so that you could use your existing electronic systems
to process orders for such customers. Please provide the estimated cost and
time required to make such modifications or replacements.
AT&T'Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation , this
discovery request is designed in part to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical , efficient
competitive provider, not the historic or estimated costs of anyone particular actual
competitive provider. See e.
g.
TRO Order91517. Given the FCC's Order, to the extent
possible, generally applicable and publicly available information should be used to estimate
the costs of an efficient CLEc.
Subject to and without waiving the foregoing general and specific objections, AT&T
wi1J produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-286 Please explain whether you currently have in place and use electronic
automated systems to provision service for customers using your own
switches. If your provisioning systems are only partially electronic and
automated, please identify specifically which portions are electronic and
which are manual, and provide a detailed explanation of the limitations
created by the manual portions when provisioning customer orders.
AT&T's Response: AT&T objects to thi s discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-287 With respect to your response to MCIC-286 , if you use existing electronic
automated systems to provision service for customers using your own
switches, please explain whether those electronic automated systems have
the capacity and capability to be used to provision service for mass market
customers whose service will be provisioned via your own switches using
UNE loops rather than UNE-
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T wiJl produce
relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-288 With respect to your response to MCIC-286, if you cannot use your
existing electronic automated systems to provision service for mass market
customers whose service will be provisioned via your own switches using
UNE loops rather than UNE-, please provide a detailed explanation of
every modification or component replacement that you would have to make
so that you could use your existing electronic systems to provision orders
for such customers. Please provide the estimated cost and time required to
make such modifications or replacements.
AT&T's Response: In addition to the General Objections set forth above , AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation, this
discovery request is designed in part to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical , efficient
competitive provider, not the historic or estimated costs of anyone particular actual
competitive provider. See e.
g.
TRO Order91517. Given the FCC's Order, to the extent
possible , generally applicable and publicly available information should be used to estimate
the costs of an efficient CLEC.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information , if any. responsive to this discovery request.
MCIC-289 Please explain whether you currently have in place and use electronic
automated systems to maintain and repair service for customers whose
service is provisioned using your own switches. If your maintenance and
repair systems are only partially electronic , please identify specifically
which portions are electronic and which are manual , and provide a detailed
explanation of the limitations created by the manual portions for
maintenance and repair of customer services.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-290 With respect to your response to MCIC-289, if you use existing electronic
automated systems to maintain and repair service for customers whose
service is provisioned using your own switches, please explain whether
those electronic automated systems have the capacity and capability to be
used to maintain and repair service for mass market customers whose
service will be provisioned via your own switches using UNE loops rather
than UNE-
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T wiJ) produce
relevant , non-privileged information, if any, responsive to this discovery request.
MCIC-291 With respect to your response to MCIC-289 , if you cannot use your
existing electronic automated systems to maintain and repair services and
facilities for mass market customers whose service will be provisioned on
your own switches using UNE loops rather than UNE-, please provide a
detailed explanation of every modification or component replacement that
you would have to make so that you could use your existing electronic
systems to maintain and repair service for such customers. Please provide
the estimated cost and time required to make such modifications or
replacements.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation, this
discovery request is designed in part to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical , efficient
competitive provider, not the historic or estimated costs of anyone particular actual
competitive provider. See e.
g.
TRO Order91517. Given the FCC's Order, to the extent
possible, generally applicable and publicly available information should be used to estimate
the costs of an efficient CLEC.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-292 Please explain whether you have adequate access to Qwest facilities to
conduct trouble isolation and repair for customer services provisioned via
your own switches using UNE loops. If your response is anything other
than an unequivocal yes, please explain in detail the reason that you do not
have such access.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-293 With respect to your response to MCIC-292, please explain whether such
access is adequate for you to perform trouble isolation and repair for mass
market customers whose service is provisioned via your own switches
using UNE loops rather than UNE-P. If your current access is not adequate
from a technical or economic perspective, please provide a detailed
explanation of every reason why it is inadequate, and identify what changes
(e., technical , logistical , economic , etc.) must be implemented to make
your access adequate. Please provide the estimated cost and time required
to make such changes.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation, this
discovery request is designed in part to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical, efficient
competitive provider, not the historic or estimated costs of any one particular actual
competitive provider. See g. TRO Order91517. Given the FCC's Order, to the extent
possible, generally applicable and publicly available information should be used to estimate
the costs of an efficient CLEC.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-294 Please explain whether you have adequate access to Qwest facilities to
conduct testing for customer services provisioned via your own switches
using UNE loops.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-295 With respect to your response to MCIC-294, please explain whether such
access is adequate for you to conduct testing for mass market customers
whose service is provisioned via your own switches using UNE loops
rather than UNE-P. If your current access is not adequate from a technical
or economic perspective, please provide a detailed explanation of every
reason why it is inadequate, and identify what changes (e., technical
logistical, economic, etc.) must be implemented to make your access
adequate. Please provide the estimated cost and time required to make
such changes.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead t9 the discovery of relevant and admissible evidence. Without limitation , this
discovery request is designed in part to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical, efficient
competiti ve provider, not the historic or estimated costs of anyone particular actual
competitive provider. See e.
g.
TRO Order 9l517. Given the FCC's Order, to the extent
possible, generally applicable and publicly available information should be used to estimate
the costs of an efficient CLEC.
Subject to and without waiving the foregoing general objections , AT&T wil1 produce
relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-296 Please explain whether you currently have in place and use electronic
automated systems to biJi customers whose services are provisioned using
your own switches. If your billing systems are only partially electronic
please identify specifically which portions are electronic, and which are
manual, and provide a detailed explanation of the limitations created by the
manual portions when billing customers.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections , AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-297 With respect to your response to MCIC-296 , please explain whether your
existing electronic automated systems have the capacity and capability to
be used to biJJ mass market customers for services provisioned via your
own switches using UNE loops rather than UNE-
AT&T'Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-298 With respect to your response to MCIC-296, if you cannot use your
existing electronic automated systems to bill services for mass market
customers whose service wiJ) be provisioned via your own switches using
ONE loops rather than UNE-, please provide a detailed explanation of
every modification or component replacement that you would have to make
so that you could use your existing electronic systems to bill services to
such customers. Please provide the estimated cost and time required to
make such modifications or replacements.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation, this
discovery request is designed in part to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical, efficient
competitive provider, not the historic or estimated costs of anyone particular actual
competitive provider. See e.
g.
TRO Order91517. Given the FCC's Order, to the extent
possible, generaJJy applicable and publicly available information should be used to estimate
the costs of an efficient CLEc.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information , if any, responsive to this discovery request.
CLEC MASS MARKET UNE SWITCHING TRIGGER ISSUES
MCIC-299 Please state whether you are you an incumbent local exchange provider
ILEC") or are an affiliate of an ILEC. If you are an affiliate of an ILEC
please identify the ILEC and describe the affiliation. For purposes of these
Requests, "affiliate" shall be as defined in the Communications Act of
1934. Section 3 of the Act defines the term "affiliate" as "a person that
(directly or indirectly) owns or controls, is owned or controlled by, or is
under common ownership or control with, another person. For the purposes
of this paragraph, the term 'own' means to own an equity interest (or the
equivalent thereof) of more than 10 percent." 47 U.c. ~ 153(1)
AT&T's Response: No objection
MCIC-300 For each switch you use to provide local exchange service to Idaho
customers , please provide the following information for the switch and/or
the switch location:
(a) the 8-digit common language location identifier ("CLLI") code as it
appears in the Local Exchange Routing Guide ("LERG"
(b) V&H coordinates;
(c) street address , city and zip code;
(d) switch manufacturer, model, and date of installation;
(e) currently loaded version of switch software;
(f) currently equipped line side capacity in (1) DS-O/voice grade circuits and
(2) DS-l circuits;
(g) currently utilized line side capacity in (1) DS-O/voice grade circuits and (2)
DS-l circuits;
(h) current switch processor capacity in CCS;
(i) busy hour and busy season utilized switch processor capacity in CCS;
U) function of the switch (e., stand-alone, host, or remote, other (e.g. DLC
node with no intelligence and/or no or limited switching capability));
(k) the initial cost of the switch, including equipment, software, and EF&I
engineered, furnished and installed") costs;
(1) number of (1) DS-O/voice grade circuits and (2) DS-l circuits equipped at
the time of installation;
(m)any ILEC wire center subtending areas currently served by your switch for
which you are currently considering discontinuing service for any reason
within the next 12 months.
AT&T's Response: In addition to the General Objections set folth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation, this
discovery request is designed in part to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical , efficient
competitive provider, not the historic or estimated costs of anyone particular actual
competitive provider. Sf'e e.
g.
TRO Order915l7. Given the FCC's Order, to the extent
possible, generally applicable and publicly available information should be used to estimate
the costs of an efficient CLEC.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-301 For each switch identified in your response to MCIC-300, please provide
the information requested in TABLE
TABLE 1
CLEC Number Of Number of Type of Number of Number of Number of
Switch Loops Per Local End-User Voice Only DSL Only Line
CLL!End-User Service End-Customer End User End User SharedlLine
Customer User Customers Customers Split DSL
Premises Customers End User
Customers
ABC g. 10 155 Residential g. 10,000 g. 5 g. 100
g. 5,300 Business g. 5,000 g. 100 g. 100
Residential
Business
Residential
Business
. . . (continue Jattern as above)
Residential
Business
19-Residential
19-Business
one DS-Residential
one DS-Business
more than Business
one DS-
AT&T's Response: In addition to its general objections, AT&T objects to this discovery
request on the grounds that it is overly hroad, unduly burdensome and oppressive-
particular, the request for information organized based on number of lines served per customer
premises is burdensome and oppressive, and would potentiaJJy require AT&T to compile
information on a per customer premises basis. AT&T further objects to this discovery request
on the grounds that it seeks information that is not relevant nor reasonably calculated to lead
to the discovery of admissible evidence.
Subject to and \\"ithout wai ving the foregoing general and specific objections, ,\ T 8.:.T
will produce relevant, non-privileged information , if any, responsive to this discovery request.
This category includes loops used for fax and/or modem-only traffic.
This category includes voice and DSL on the same wire pair (I.e., line sharing and line splilllng).
MCIC-302 For each switch identified in your response to MCIC-300 that is not
physically located in Colorado, please state whether such switch also
provides service to customers in the state in which the switch is located. If
the answer is affirmative , please describe the manner in which the switch'
capacity is divided or aJJocated between the two states.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections , AT&T wiJl produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-303 For each switch identified in your response to MCIC-300, please provide a
list of all the Qwest wire centers in Idaho for which you are currently using
that switch to provide local exchange service to one or more customers. If
there are any limitations on the number of customers in that wire center that
can be served from your switch (e., the switch is a remote device capable
of serving only customers in a single building), please so state and provide
a detailed description of the limitation.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-304 For each switch identified in your response to MCIC-300 other than circuit
switches , please provide the following for each switch:
(a) any differences in quality of service compared to local exchange service
provided on circuit switches (e., reliability, throughput, ubiquity, outages,
mean time to repair, availability of E911 service, lack of line-powered local
telephone service);
(b) the date(s) on which you installed the switch and began providing local
exchange service on the switch;
(c) the geographic area served by the switch compared to the geographic area
served by any circuit switches you use to provide local exchange service;
(d) any differences in the technical or operational requirements for the
customer to obtain local exchange service from the switch, including
customer premises equipment or software (e., specialized phone set;
availability of computer, cable modem, set top box , need for customer
premises battery backup for telephone service), access method (e., DSL
cable television , satellite service), provisioning interval;
(e) any Qwest central office or wire center subtending areas currently served
by your switch for which you are considering discontinuing service for any
reason within the next 12 months.
AT&T's Response: In addition to the General Objections set forth above. AT&T objects
to this discovery request, including the subparts, to the extent the request is vague and
ambiguous and calls for speculation.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-305 For each switch identified in your response to MCIC-300 , please state
whether you own the switch , or instead whether you have leased the
switching capacity or otherwise obtained the right to use the switch on
some non-ownership basis (including wholesale and/or resale). If you do
not own the switch
(a) state whether the entity owning the switch is an affiliate of yours;
(b) identify the entity owning the switch , and (if different) the entity with
which you entered into an arrangement to obtain switching capacity;
(c) identify the nature of the arrangement through which you obtained
switching capacity;
(d) provide a copy of the agreement (e.g. Interconnection Agreement, contract
lease, etc.) specifying the rates , terms and conditions through which you are
currently obtaining switching capacity.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
that this discovery request is vague and ambiguous and calls for speculation with regards to
the phrase "otherwise obtained the right to use the switch on some non-ownership basis.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-306 For each switch you own or control and from which you offer or provide
wholesale local switching capacity (wholesale local switching capacity on a
standalone basis , or combined with loops and/or transport) to carriers that
are not affiliated with you, to use to serve Idaho customers, please provide
the following information for the switch and/or the switch location:
(a) the 8-digit common language location identifier ("CLLI") code as it
appears in the Local Exchange Routing Guide ("LERG"
(b) V&H coordinates;
(c) street address , city and zip code;
(d) the footprint or geographic area served by the switch, including each Qwest
wire center service by the switch;
(e) the features and functions of the switch available in each footprint or
geographic area and an identification of any features or functions that the
Qwest switch in that area can provide or support that your switch cannot
support;
(f) switch manufacturer, model and date of installation;
(g) currently loaded version of switch software;
(h) currently equipped line side capacity in (1) DS-O/voice grade circuits and
(2) DS-l circuits;
(i) currently utilized line side capacity in (1) DS-O/voice grade circuits and (2)
DS-l circuits;
U) current switch processor capacity in CCS;
(k) busy hour and busy season utilized switch processor capacity in CCS;
(I) percentage of line side or processor capacity reserved for your own current
or future use;
(m)percentage of line side and processor capacity that you currently make
available, or that you plan to make available, on a wholesale basis to other
CLECs;
(n) the expected useful service life of the switch;
(0) whether your company intends to utilize the switch for its fuJi expected
useful service life;
(p) the serving platform (e., wholesale switching for local exchange service
on a standalone hasis , or combint"d with loops and/or transport);
(q) the rates , terms and conditions under which you provide wholesale
switching for local exchange service, and/or loops and transport provided
in conjunction with wholesale switching (if rates, terms and conditions are
not currently available, please state when they wiJl be available);
(r) a copy of the methods and procedures document, or other documents or
information, detailing the technical specifications for the provision of
wholesale switching, including interface requirements, signaling
capabilities , service quality parameters (including procedures to minimize
service degradation , delay, echo return , and/or loss attenuation), and service
procedures;
(s) any Qwest central office or wire center subtending areas currently served
by your switch for which you are considering discontinuing service for any
reason within the next 12 months.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request on the grounds that it seeks information that is not relevant or
reasonably calculated to lead to the discovery of admissible evidence and is beyond the scope
of the issues presented in this proceeding with regards to its request for "methods and
procedures document, or other documents or information, detailing the technical
specifications for the provision of wholesale switching.
AT &T further objects to this discovery request on the ground it is vague and
ambiguous and calls for speculation with regard to the phrase "wholesale local switching
capacity" and in its request for "other documents or information" in subpart (r).
AT &T further objects to this discovery request on the ground it is vague and
ambiguous and calls for speculation in its request in subpart (s) to identify "areas... for which
you are considering discontinuing service for any reason within the next 12 months.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-307 For each switch identified in your response to MCIC-306, please provide
the information requested in TABLE 2:
TABLE 2
CLEC Number Of Number of Type of Number of Number of Number of
Switch Loops Per Local End-User Voice Only DSL Only Line
CLL!End-User Service End-Customer End-User End-User SharedlLine
Customer User Customers Customers Split DSL
Premises Customers End User
Customers
ABC g. 10 155 Residential g. 10,000 g. 5 g. 100
g. 5,300 Business g. 5,000 g. 100 g. 100
Residential
Business
Residential
Business
. . . (continue pattern as above)
Residential
Business
19-Residential
19-Business
one DS-Residential
one DS-Business
more than Business
one DS-
AT&T's Response: In addition to its general objections, AT&T objects to this discovery
request on the grounds that it is ovcrly broad, unduly burdensome and oppressive. In
particular, the request for information organized based on number of Jines served per customer
premises is burdensome and oppressive, and would potentially require AT&T to compile
infOlmation on a per customer premises basis. AT&T fm1her objects to this discovery request
on the grounds that it seeks information that is not relevant nor reasonably calculated to lead
to the discovery of admissible evidence.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged informaLion, if any, responsive La Lhis discovery IC4UCsL.
This category includes loops used for fax and/or modem-only traffic.
This category includes voice and DSL on the same wire pair (I., line sharing and line splitting).
MCIC-308 For each switch identified in your response to MCIC-306, please provide
the following information:
(a) whether you are willing to expand your switch capacity to meet increased
demand for wholesale switching from other CLECs;
(b) your existing plans and/or procedures for ordering and implementing
software upgrades for the switch;
(c) terms and conditions (including forecasts) you require or expect to require
from other CLECs in order to expand the capacity of your switch for the
provision of wholesale switching;
(d) rates , deposits or other financial information you require or expect to
require from other CLECs in order to expand the capacity of your switch
for the provision of wholesale switching;
(e) whether you now have, or intend to implement, a process or procedure to
ensure that your switch can provide the same features and functions as
those available from Qwest switches.
AT&T's Response: In addition to its general objections, AT&T objects to this Request
on the grounds that it seeks information that is not relevant nor reasonably calculated to lead
to the discovery of admissible evidence.
AT &T further objects to this Request, including the subparts. to the extent the request
is vague and ambiguous and calls for speculation with regards to the phrase "expect to
require" and "intend to implement.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-pri vilcgcd information , if any, rcsponsi vc to this discovery request.
MCIC-309 For each collocation an-angement in each Qwest central office or wire
center in Colorado, please provide the following information, reported by
Qwest 8-digit (wire center) CLLI code and street address:
(a) type of collocation an-angement (e.g. caged, cageless , virtual , etc.
(b) size of collocation an-angement;
(c) amount of power (including both "A" and "B" DC feeds and AC power)
supplied to the collocation arrangement;
(d) all equipment in the collocation arrangement, including make , model, EF&I
cost, total installed capacity, and total capacity currently in use;
(e) amount of unused space in the coJJocation arrangement that could be used
for placing additional equipment;
(f) number of 2-wire cross connects currently provisioned from the MDF to
the coJJocation arrangement;
(g) number of 4-wire cross connects currently provisioned from the MDF to
the collocation arrangement;
(h) number of 2-wire cross connects currently provisioned from the MDF to
the collocation arrangement that are currently used to provide service to
customers;
(i) number of 4-wire cross connects currently provisioned from the MDF to
the collocation arrangement that are currently used to provide service to
customers;
U) type(s) of Qwest transport connected to the collocation arrangement (e.
special access, UNE transport, etc.
(k) capacity(ies) of Qwest transport connected to the collocation arrangement
(e., DS-, DS-, OC-, etc.), and number of circuits at each level of
capacity;
(1) capacity(ies) of your own transport connected to the collocation
arrangement (e., DS-, DS-, OC-3, etc.), and number of circuits at each
level of capacity;
(m)capacity(ies) of third party transport connected to the collocation
arrangement (e., DS-, DS-, OC-3, etc.), and number of circuits at each
Ie-vel of capacity;
(n) copy of tariff, contract , lease, IRU, or other document controJling the terms
and conditions for third party transport;
(0) if the collocation arrangement is connected via transport to any switch used
by CLEC to offer local service in Colorado, the CLLI code, city, street
address, zip code, V &H coordinates, and owner of that switch;
(p) all non-recurring and monthly recurring charges for the collocation
an"angement;
(q) name(s) of other collocating carrieres) to which this collocation
arrangement is connected in this Qwest central office or wire center;
(r) name(s) of other collocating carrieres) that are sharing this collocation
arrangement (if collocation sharing is permitted by Qwest);
(s) the approximate number of days between the date collocation space was
ordered and the date on which coJJocation space was turned over to you by
Qwest;
(t) the approximate number of days between the date collocation space was
turned over to you by Qwest and the date equipment in the collocation
space was first used to provide local exchange service. If you have not
used the collocation space to provide local exchange service, or no longer
use the collocation space to provide local exchange service, please so state
and indicate what steps and the approximate amount of time that would be
required for you to be able to use the collocation space to provide local
exchange service.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation, this
discovery request is designed in part to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical , efficient
competitive provider, not the historic or estimated costs of anyone particular actual
competitive provider. See e.
g.
TRO Order!)! 517. Given the FCC's Order, to the extent
possible , generally applicable and publicly available information should be used to estimate
the costs of an efficient CLEc.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged infol111ation, if any, responsive to this discovery request.
MCIC-310 With regard to all CLEC-to-CLEC cross connections you have purchased
please identify the following, reported by Qwest central office or wire
center:
(a) number of such cross connections that you have had provisioned;
(b) the identity of the other CLEC with whom you provisioned the cross
connect
(c) the type of collocation arrangement of both CLECs;
(d) the minimum, maximum and average provisioning time for CLEC-to-
CLEC cross connections;
(e) the identity of the entity or personnel who performs the cross connect (e.
!LEC central office technician , certified CLEC technician, etc.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-311 For each collocation arrangement identified in your response to MCIC-309,
please provide the information in TABLE 3.
TABLE 3
Qwest Number Of Number of Type of Number of Number of Number of
Digit Loops Per Local End-User Voice Only DSL Only Line
Wire End-User Service End-Customer End-User End-User Shared/Line
Center Customer User Customers Customers Split DSL
CLL!Premises Customers End User
Customers
ABC g. 1,017 Residential g. 1,000 g. 2 g. 10
g. 540 Business g. 500 g. 10 g. 10
Residential
Business
Residential
Business
. . . (continue attern as above)
Residential
Business
19-Residential
19-Business
one DS-Residential
one DS-Business
more than Business
one DS- J
AT&T's Response: In addition to its general objections, AT&T objects to this discovery
request on the grounds that it is overly broad, unduly burdensome and oppressive. In
particular, the request for information organized based on number of lines served per customer
premises is burdensome and oppressive, and would potentially require AT&T to compile
information on a per customer premises basis. AT&T fUl1her objects to this discovery request
on the grounds that it seeks information that is not relevant nor reasonably calculated to lead
to the discovery of admissible evidence.
Subject to and without wai ving the foregoing general objecLions, AT&T win produce
relevant, non-privileged information, if any, responsive to this discovery request.
This category includes loops used for fax and/or modem-only traffic.
This category includes \Olce and DSL on the same 'Wire pair (i., line sharing and 11l1e splllllng).
MCIC-312 For each of the collocation arrangements identified in your response to
MCIC-309 that is connected via transp0l1 to a switch used by you to
provide local service in Colorado, please provide the following information
concerning that transport:
(a) the CLLI code, street address, V &H coordinates, and owner of the switch
to which the collocation arrangement is connected;
(b) number(s) and routing of transport circuits;
(c) type of physical facility used for transport (e.g. copper, fiber);
(d) type(s) of Qwest transport (e., special access, UNE transport, etc.
(e) identification of and capacity(ies) of Qwest transport (e., DS-, DS-
OC-, etc.), and number of circuits at each level of capacity;
(f) identification of and capacity(ies) of your own transport (e., DS-, DS-
OC-, etc.), and number of circuits at each level of capacity;
(g) identification of and capacity(ies) of third party transport (e., DS-, DS-
OC-, etc.), and number of circuits at each level of capacity;
(h) for aU transport that is not owned by you, a description and copy of the
arrangement under which the transport is obtained (e., tariff, contract
lease , IRU, etc.
(i) aU recurring and non-recurring costs and/or charges for transport.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation , this
discovery request is designed in pm1 to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical , efficient
competitive provider, not the historic or estimated costs of anyone particular actual
competitive provider. See e.
g.
TRO Order91517. Given the FCC's Order, to the extent
possible , generally applicable and publicly available information should be used to estimate
the costs of an efficient CLEc.
Subject to and without waiving the foregoing general and specific objections, AT&T
wil1 product" r('lev(lnt , non-privilt"gf'0 information , if any, rt"spon"ive' to thi" di"cov('f)' rf"11!e"'t
MCIC-313 For each of the collocation arrangements identified in your response to
MCIC-309 that is connected via EELs to a switch you use to provide local
service in Colorado, please provide the following information:
(a) the CLLI code, street address, zip code , V &H coordinates, and owner of
the switch to which the collocation arrangement is connected;
(b) number of such EELs that comprise DS-O/voice grade transport connected
to DS-O/voice grade loops;
(c) number of such EELs that comprise DS-l transport connected to
multiplexed DS-O/voice grade loops;
(d) number of such EELs that comprise DS-l transport connected to
multiplexed and concentrated DS-O/voice grade loops , and the loop-to-
transport concentration ratio;
(e) number of such EELs that comprise DS-3 transport connected to
multiplexed DS-O/voice grade loops;
(f) number of such EELs that comprise DS-3 transport connected to
multiplexed and concentrated DS-O/voice grade loops , and the loop-to-
transport concentration ratio;
(g) number of such EELs that comprise DS-l transp0l1 connected to DS-
loops;
(h) number of such EELs that complise DS-3 transpo11 connected to
multiplexed DS-l loops;
(i) number of such EELs that comprise DS-3 transport connected to
multiplexed and concentrated DS-l loops, and the loop-ta-transport
concentration ratio.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without wai ving the foregoing general objeclions, AT&T wiJl produc~
relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-314 Do you use EELs that comprise loops and transport without using
collocation arrangements? If the answer is affirmative, please provide the
following information:
(a) the CLLI code, street address, zip code, V &H coordinates, and owner of
the central office or other location where the loop and transport are
connected to form an EEL;
(b) number of such EELs that comprise DS-O/voice grade transport connected
to DS-O/voice grade loops;
(c) number of such EELs that comprise DS-l transport connected to
multiplexed DS-O/voice grade loops;
(d) number of such EELs that comprise DS-l transport connected to
multiplexed and concentrated DS-O/voice grade loops, and the loop-to-
transport concentration ratio;
(e) number of such EELs that comprise DS-3 transport connected to
multiplexed DS-O/voice grade loops;
(f) number of such EELs that comprise DS-3 transport connected to
multiplexed and concentrated DS-O/voice grade loops , and the loop-to-
transport concentration ratio;
(g) number of such EELs that comprise DS-l transport connected to DS-
loops;
(h) number of such EELs that comprise DS-3 transport connected to
multiplexed DS-l loops;
(i) numher of such EELs that comprise DS-3 transport connected to
multiplexed and concentrated DS-l loops, and the loop-to-transport
concentration ratio.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-315 For each collocation arrangement in a non-Qwest central office or wire
center in Idaho (e., carrier hotels), please provide the following
information:
(a) type of collocation arrangement (e.g. caged, cageless , virtual , etc.
(b) size of colJocation arrangement;
(c) all equipment in the co))ocation arrangement, including make , model , cost
total insta))ed capacity, total capacity currently in use, and number and type
(e., residential, business) of customer served by each piece of equipment
as of the date of this Request;
(d) type(s) of transport connecting the coUocation arrangement to your switch
or other non-ILEC switch (e., special access, UNE transport, self
provisioned, third party provisioned)
(e) capacity(ies) of transport connected to the coUocation arrangement (e.
DS-, DS-, DS-, OC-, etc., and number of each type);
(f) if the collocation arrangement is connected via transport to any switch you
use to offer local service in Colorado, the CLLI code, street address , zip
code, V &H coordinates, and owner of that switch;
(g) aU non-recurring and recurring charges for the collocation arrangement;
(h) name(s) of other collocating carrieres) to which this colJocation
arrangement is connected in this central office or wire center;
(i) name(s) of other coUocating carrieres) that are sharing this collocation
arrangement (if coUocation sharing is permitted by owner)
AT&T's Response: in addition to the General Objections set forth above. AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and. admissible evidence. Without limitation, this
discovery request is designed in part to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical. efficient
competitive provider, not the historic or estimated costs of anyone particular actual
competitive provider. See e.
g.
TRO Order91517. Given the FCC's Order, to the extent
possible , generaUy applicable and publicly available information should be used to estimate
the costs of an efficient CLEC'.
Subject to and without waiving the foregoing general and specific objections, AT&T
wilJ produce relevant , non-privileged information , if any, responsive to this discovery request.
MCIC-316 For each Qwest central office or wire center subtending area in Idaho that
you do not serve with your own switch, please provide a detailed
explanation of the reason you do not serve that area (e., too few
customers to achieve economies of scale; high churn rates that preclude
recovery of non-recuning costs and charges, etc.
AT&T'Response: In addition to the General Objections set forth above , AT&T objects
to this request on the ground it is vague and ambiguous and calJs for speculation in its request
to provide "a detailed explanation of the reason you do not serve that area....
Subject to and without wai ving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-317 Please provide a detailed explanation of each task you would have to
undertake to provide local exchange service to mass market customers via
UNE loops using your own switches, rather than via UNE-, including but
not limited to the following: implement new or modify business and
operational plans to use UNE loops; hire and train loop provisioning
technicians; hire and train switch technicians; establish collocation
arrangements in Qwest centra1 offices or wire centers; purchase and install
equipment in collocation arrangement; hire and train new , or increase
existing, customer service personnel; hire and train new, or increase
existing, trouble maintenance personnel; add new or revise OSS for
preordering, ordering, provisioning, repair and/or billing; develop
capabilities for E911 service; develop capabilities for number portability.
Please provide an estimate of the time and cost for each task identified.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation , this
discovery request is designed in part to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypotheticaL efficient
competitive provider, not the historic or estimated costs of anyone particular actual
competitive provider. See e.
g.
TRO Order91517. Given the FCC's Order, to the extent
possible, generally applicable and puhlicly available infonnation should be used to estimate
the costs of an efficient CLEc.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-318 Please provide the definition you use internally for business purposes for
the following terms: (1) "mass market customer" and (2) "enterprise
customer " in terms of type of customer (e., residential vs. business),
number of lines per customer, use of DS-O/voice grade loop facilities vs.
DS-ls, or any other basis you use to distinguish these terms.
AT&T's Response: In addition to the General Objections set forth above , AT&T objects
to this discovery request to the extent that it cans for a legal conclusion or analysis.
AT &T further objects to this Request on the grounds that it seeks information that is
not relevant or reasonably calculated to lead to the discovery of admissible evidence and is
beyond the scope of the issues presented in this phase of the proceeding, as set forth in thePreliminary Order.
AT&T further objects to this request on the ground it is vague and ambiguous and
caBs for speculation in its request for "any other basis you use to distinguish these terms.
Subject to and without wai ving the foregoing general and specific objections, AT&T
wiJl produce relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-319 Please state whether you view a crossover point between mass market
customers and enterprise customers set at 4 DS-O/voice grade lines per
single customer premises to have any economic, engineering, operational
or business basis from the perspective of your non-regulatory business
purposes. If your response is not an unqualified "" please explain such
basis in detail and provide supporting documentation.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent that it caBs for a legal conclusion or analysis.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-320 Please provide your calculation , estimate , or view of the economic
crossover point , in terms of number of DS-O/voice grade lines to a single
customer premises, at which you offer service at a DS-l level rather than
using a number of analog lines, and provide the basis for that crossover
point (e., equivalency point of analog service rates and DS-l service
rates , consideration of whether the customer premises equipment can
accept a DS-l interface , etc.
AT&T's Response: In addition to the General Objections set forth above , AT&T objects
to this discovery request on the grounds that it is overly broad, unduly burdensome and
oppressIve.
AT &T further objects to this discovery request on the grounds that it seeks
information that is not relevant or reasonably calculated to lead to the discovery of admissible
evidence.
Subject to and without waiving the foregoing general and specific objections , AT&T
will produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-321 With respect to each of the two customer categories identified in your
response to MCIC-318 , please provide the following information:
(a) what switching atTangement you use to serve the customer category (e.
self-provisioned CLEC switch, ILEC switch, purchase wholesale switching
from another CLEC, purchase switching from a third party other than a
CLEC);
(b) the number of customers in each customer category, reported by Qwest
central office or wire center for each month since July 2001;
(c) the percentage of your total customer base in Idaho in each of the two
categories;
(d) whether you target your business plans , sales or marketing to particular
subsets of customers within each of the two customer categories.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it cans for speculation as to things outside AT&T'
direct knowledge , events that mayor may not occur in the future, forecasts regarding the
future, plans regarding the future, or the implications or ramifications of events that mayor
may not occur in the future.
AT &T further objects that the discovery requests contained in the subparts are overly
broad, unduly burdensome, oppressive and duplicative of other written discovery served in
this proceeding.
AT&T further objects to this discovery request on the grounds that it seeks
information that is not relevant nor reasonably calculated to lead to the discovery of
admissible evidence, particularly the request relating to business plans and marketing
contained in subpart (d).
Subject to and without wai ving the foregoing general and specific objections , AT&T
win produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-322 If you do not currently offer service to residential customers in Colorado
please list and describe your reasons for not doing so.
AT&T's Response: In addition to the General Objections set forth above , AT&T objects
to this discovery request to the extent it requests information concerning Colorado on the
basis that such information is not likely to lead to the discovery of admissible evidence in this
proceeding.
Subject to and without waiving the foregoing general and specific objections , AT&T
will produce relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-323 If you do not currently offer service to business customers in Idaho below
the DS-llevel (i., DS-O/voice grade loops), please list and describe your
reasons for not doing so.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-324 If you currently offer service to business customer in Idaho below the DS-
level (i., DS-O/voice grade loops), but do not offer and/or market service
to such customers unless they have or need a certain minimum number of
loops to their premises, please state that minimum number, and list and
describe your reasons for not offering and/or marketing service below that
level.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general objections, AT&T will produce
relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-325 Please state the rates you charge for flat and measured local exchange
service for all 1) residential and 2) business customers in Colorado , and if
the rate varies by location , please identify the geographic coverage of the
area to which the rate applies (e., wire center, rate zone, etc.) and the
statewide average rate you charge for each category. If the rates you charge
vary by central office, please identify the rate that applies to each central
office by CLLI code, and the rate zone applicable to each central office.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information concerning Colorado on the
basis that such information is not likely to lead to the discovery of admissible evidence in this
proceeding.
AT &T further objects to this discovery request as unduly burdensome to the extent it
requests information that is publicly available or is as easy or easier for MCI to obtain as it
would be for AT&T to obtain.
Subject to and without waiving the foregoing general and specific objections , AT&T
wiJl produce relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-326 Please identify the average monthly revenue per line in Idaho that you
consider to constitute low revenue , average revenue and high revenue for 1)
residential customers and 2) business customers below the DS-l level.
Please provide a detailed explanation of whether high revenue customers
typically purchase a single service, or a bundle of services , and if they
purchase a bundle, which services , features or functions are included in the
bundle.
AT&T's Response: In addition to the General Objections set forth above , AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation , this
discovery request is designed to elicit information about AT&T's specific revenues. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking revenues of a hypothetical, efficient
competitive provider, not the historic or estimated revenues of anyone particular actual
competitive provider. See e.
g.
TRO Order91517. Given the FCC's Order, to the extent
possible, generally applicable and publicly available information should be used to estimate
the revenues of an efficient CLEc.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-327 Please identify, by CLL! code, all central offices or wire centers in Idaho
for which you receive universal service fund subsidies and provide the
following information for each:
(a) whether the subsidy is from federal or state sources
(b) the amount of the subsidy on a per loop or per customer basis
(c) whether the subsidy applies to an customers served by the central
office/wire center, or only a portion thereof;
(d) if the subsidy applies only to a portion of the customers, please provide the
number of customers and the percentage of those customers to the total
number of customers served in the central office or wire center.
AT&T's Response: AT&T objects to this discovery request as set forth above in the
General Objections.
Subject to and without waiving the foregoing general and specific objections, AT&T
win produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-328 Please provide your current average monthly revenues per line per
customer in Colorado, stated separately for (1) residential customers served
via UNE-P; (2) residential customers served via UNE loops; (3) business
customers served via UNE-P; (4) business customers served via DS-
O/voice grade UNE loops; and (5) business customers served via DS-
UNE loops. Please provide the requested information at the most granular
level available (e., per-ILEC-digit-CLLI serving area, per-CLEC-switch
serving area, statewide, etc.). Please identify the source of the reported
revenues by service and/or feature type (i., local voice only, local voice
plus vertical features, long distance only, DSL only, bundles of any of the
above , and/or other services or features). If you do not track revenues
differentiaBy for UNE-P vs. UNE loop configurations for residential and/or
business customers , please so state , and provide combined numbers. For
all revenues provided, exclude taxes, regulatory assessments and
surcharges, and other payments made to governmental units. If it is not
possible to exclude such payments, please so state.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation, this
discovery request is designed to elicit information about AT&T's specific revenues. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking revenues of a hypothetical , efficient
competitive provider, not the historic or estimated revenues of anyone paIticular actual
competitive provider. See e.
g.
TRO Order 91 517. Given the FCC's Order, to the extent
possible, generalJy applicable and publicly available information should be used to estimate
the revenues of an efficient CLEc.
AT&T further objects to this discovery request to the extent it requests information
concerning Colorado on the basis that such information is not likely to lead to the discovery of
admissible evidence in this proceeding.
Suoject to and without waiving the f0regoing general and specific objections , AT&T
wilJ produce relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-329 For each switch identified in your response to MCIC-304 , please provide
the following for each switch:
(a) all categories and amounts of costs arising from the provision of local
exchange service using the switch (including the recurring and non-
recurring charges for the switch, software, instaJJation, maintenance , loops
coJJocation, transmission/concentration equipment , etc.
(b) the average total monthly revenues earned per line per customer in Idaho
for 1) residential customers, and 2) business customers taking service
below the DS-l or equivalent level , since July 2001 reported by CLLI
code, MSA , and LATA. Please identify the source of those revenues by
service and/or feature type (i., local voice only, local voice plus vertical
features , long distance only, DSL only, bundles of any of the above, and/or
other services or features). For all revenues provided, exclude taxes
regulatory assessments and surcharges, and other payments made to
governmental units. If it is not possible to exclude such payments, please
so state.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation, this
discovery request is designed to elicit information about AT&T's specific costs and revenues.
This information is not relevant to this proceeding because the FCC ordered the state
commissions to hase their impairment analysis on the forward-looking costs and revenues of a
hypothetical. efficient competitive provider. not the historic or estimated costs of anyone
particular actual competitive provider. See e.
g.
TRO Order91517. Given the FCC's Order, to
the extent possible, generally applicable and publicly available information should be used to
estimate the costs and revenues of an efficient CLEc.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-330 With respect to each of the two customer categories identified in response
to MCIC-318, please provide the following:
(a) aU categories and amounts of costs arising from the provision of local
exchange service to each customer category (including the recurring and
non-recurring charges for the switch, software, insta))ation, maintenance
loops , coJJocation , transmission/concentration equipment, transport, hot
cuts, OSS , signaling, etc.
(b) the average total monthly revenues earned per line since July 1, 2001 for
each customer category, reported by CLLI code, LATA and MSA. Please
identify the source of those revenues by service and/or feature type (i.
local voice only, local voice plus vertical features, long distance only, DSL
only, bundles of any of the above, and/or other services or features). For a))
revenues provided, exclude taxes, regulatory assessments and surcharges
and other payments made to governmental units. If it is not possible to
exclude such payments, please so state.
AT&T's Response: In addition to the General Ohjections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation, this
discovery request is designed to elicit information about AT&T's specific costs and revenues.
This information is not relevant to this proceeding because the FCC ordered the state
commissions to base their impairment analysis on the forward-looking costs and revenues of a
hypothetical , efficient competitive provider, not the historic or estimated costs of anyone
particular actual competitive provider. See e.
g.
TRO Order ~I 517. Given the FCC's Order. to
the extent possible, generaIJy applicable and publicly available information should be used to
estimate the costs and revenues of an efficient CLEC.
Subject to and without waiving the foregoing general and specific objections, AT&T
wi)) produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-331 If you currently offer service to residential customers , please provide your
variable costs per residential customer.
A T&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation, this
discovery request is designed to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical, efficient
competitive provider, not the historic or estimated costs of anyone particular actual
competitive provider. See e.
g.
TRO OrderIJI 517. Given the FCC's Order, to the extent
possible, generaJJy applicable and publicly available information should be used to estimate
the costs of an efficient CLEC.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information, if any, responsive to this discovery request.
MCIC-332 Do you currently have access to external sources of capital for the purpose
of expanding your operations by making new capital investments? If so,
please list and describe aJJ such sources, and state the quoted or estimated
interest rate for each such source.
AT&T's Response: In addition to the General Objections set forth above, AT&T objects
to this discovery request to the extent it requests information that is not reasonably calculated
to lead to the discovery of relevant and admissible evidence. Without limitation, this
discovery request is designed to elicit information about AT&T's specific costs. This
information is not relevant to this proceeding because the FCC ordered the state commissions
to base their impairment analysis on the forward-looking costs of a hypothetical, efficient
competitive provider, not the historic or estimated costs of anyone particular actual
competi~ive provider. See e.
g.
TRO Order91517. Given the FCC's Order, to the extent
possible, generally applicable and publicly available information should be used to estimate
the costs of an efficient CLEC.
Subject to and without waiving the foregoing general and specific objections, AT&T
will produce relevant, non-privileged information , if any, responsive to this discovery request.
MCIC-333 Please provide a copy of all business cases, business analysis, cost studies
or other analyses or evaluations concerning whether entry into the mass
market is economicalJy feasible without access to Qwest's switches
including but not limited to those analyses and studies that were submitted
to the FCC, performed but not submitted to the FCC, and performed since
February 22, 2003. Provide alJ supporting documentation and work papers
in electronic format if available.
AT&T's Response: AT&T objects to this discovery request to the extent it caJJs for
speculation as to things outside AT&T's direct knowledge , events that mayor may not occur
in the future, forecasts regarding the future , plans regarding the future, or the implications or
ramifications of events that mayor may not occur in the future.
AT&T further objects to this discovery request as unduly burdensome to the extent it
requests information that is publicly available or is as easy or easier for MCI to obtain as it
would be for AT&T to obtain.
AT &T further objects to this discovery request to the extent it requests copies of
business cases and business plans on the grounds that such information is neither relevant nor
reasonably calculated to lead to relevant and admissible infonnation in this proceeding.
Subject to and without wai ving the foregoing general and specific objections, AT&T
wi)) produce relevant , non-privileged information , if any, responsive to this discovery request.
Respectfully submitted this 9th day of December 2003.
AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES, INC.
By:
Mary B. bby
Letty S.D. Friesen
AT &T Communications of the
Mountain States , Inc.
1875 Lawrence Street, Room 1575
Denver, Colorado 80202
Telephone: [phone]
Facsimile: [phone]
E-mail: Isfriesen(gJatt.com
Robert M. Pomeroy Jr.
Holland & Hm1 LLP
8390 E. Crescent Parkway, Suite.400
Greenwood VilJage, CO 80111-2800
Telephone: [phone]
Facsimile: [phone]
E-mail: rpomeroy(gJholiandhm1.com
CERTIFICATE OF SERVICE
GNR-03-
I certify that the original of AT&T's Objections to MCI's Discovery Requests in Docket No.
GNR-03-23 were sent by electronic mail and overnight delivery on December 9, 2003 to:
Dean J. Miller
McDevitt & Miller LLP
420 West Bannock Street
Boise, ID 83702
i oe~mcdevitt -miller .com
and a true and correct copy was sent by Overnight Mail on December 9 2003 to:
Jean Jewell, Secretary (3 copies)
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83702-5983
and a true and correct copy was sent by electronic mail and U. S. Mail, postage prepaid, on
December 9, 2003 to:
Clay R. Sturgis
Moss Adams LLP
601 W. Riverside, Suite 1800
Spokane, W A 99201-0663
Adam L. Sherr
Qwest
1600 ih Avenue, Room 3206
Seattle, W A 98191
Marlin D. Ard
O. Box 2190
Sisters, OR 97759
Charles Carrathers
Verizon Northwest, Inc.
1800 41 st Street
Everett, W A 98201
Conley E. Ward
Givins Pursley LLP
277 North 6th Street, Suite 200
Boise, ID 83701
Brian Thomas
Time Warner Telecom
223 Taylor Avenue North
Seattle, W A 98109
Mary S. Hobson
Stoel Rives LLP
101 S. Capitol Blvd., Suite 1900
Boise, ID 83702-5958
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