20031210MCI Objections to Qwest Request.pdf

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Dean J. Miller (ISE No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2565-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
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UTILITIES COf1t'liSSION
Attorneysfor WorldCom, Inc./MCI
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
NINE-MONTH REVIEW OF ECONOMIC AND
OPERATIONAL IMPAIRMENT REGARDING
ACCESS TO SPECIFIC UNES
Case No. GNR-03-
MCl's OBJECTIONS TO
THE FIRST PRODUCTION
REQUESTS OF QWEST TO
MCI
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)
In accordance with the November 4, 2003 Order Establishing Procedural Schedule, Order
No. 29375 , WorldCom, Inc., on behalf of its regulated subsidiaries ("MCI") submits these
Objections to the First Production Request of Qwest Corporation ("Qwest") to MCImetro Access
Transmission Services LLC ("Production Requests MC!'s responses to the Production
Requests will be ma,de subject to, and without waiver of, the following objections:
General Objections
MCI has interpreted Qwest's Production Requests to apply to MC!'s regulated
intrastate operations in Idaho and will limit its responses accordingly. To the extent that Qwest's
Production Requests are intended to apply to matters that take place outside the state of Idaho
and which are not related to Idaho intrastate operations subject to the jurisdiction of the Idaho
MCl's OBJECTIONS TO THE FIRST PRODUCTION REQUESTS OF QWEST TO MCI-
Public Utilities Commission ("Commission ), MCI objects to such Production Requests as
irrelevant, overly broad, unduly burdensome, and oppressive.
MCI objects to Qwest's Production Requests to the extent they seek information
which is exempt from discovery by virtue of the attorney-client privilege, work product privilege
or other applicable privilege.
MCI objects to Qwest's Production Requests to the extent they are vague
ambiguous, overly broad, imprecise, or utilize terms that are subject to multiple interpretations
but are not properly defined or explained for purposes of these Production Requests.
MCI objects to Qwest's Production Requests to the extent they seek information
not reasonably calculated to lead to the discovery of admissible evidence, and/or information that
is not relevant to the subject matter of this action.
MCI objects to Qwest's Production Requests to the extent they seek information
or documents, or seek to impose obligations on MCI which exceed the requirements ' of the
FCC's Triennial Review Order ("TRO"), Idaho Rules of Civil Procedure, Idaho law, the
Commission s Rules of Practice and Procedure and other Commission rules or any other
applicable laws, rules, or procedures.
. MCI objects to Qwest's Production Requests to the extent they seek information
that is already in the public record before the Commission or which is already in the possession
custody, or control of the Commission.
MCI objects to Qwest's Production Requests to the extent they are overly broad
unduly burdensome, expensive, oppressive, or excessively time consuming as written.
MCI is a large corporation with employees located in many different locations in
Idaho and in other states. In the course of its business, MCI creates countless documents that are
not subject to the Commission s or the FCC's retention of records requirements.These
MCl's OBJECTIONS TO THE FIRST PRODUCTION REQUESTS OF QWEST TO MCI-
documents are kept in numerous locations and are frequently moved from site to site as
employees change jobs or as the business is reorganized. Therefore, it is possible that not every
document has been identified in response to these requests. MCI will conduct a reasonable and
diligent search of those files that are reasonably expected to contain the requested information
and will supplement its discovery responses if appropriate.To the extent that Qwest's
Production Requests purport to require more, MCI objects on the grounds that compliance would
impose an undue burden or expense.
MCI objects to Qwest's Production Requests to the extent they request that MCI
provide information that MCI does not maintain in the ordinary course of business.
10.MCI objects to Qwest's Production Requests to the extent they seek to have MCI
create documents not in existence at the time of the request.
11.MCI objects to Qwest s Production Requests to the extent they are not limited to
any stated period of time or a stated period of time that is longer than is relevant for purposes of
the issues in this docket, as such discovery is overly broad and unduly burdensome.
12.In light of the short period of time MCI has been afforded to respond to Qwest'
Production Requests, the development of MCI's positions and potentially responsive information
to Qwest's Production Requests is necessarily ongoing and continuing. MCI expressly reserves
the right to supplement or modify its discovery responses based on its ongoing inquiry.
13.MCI objects to Qwest's Production Requests that seek to obtain "all,
" "
each " or
every" document, item, customer, or other such piece of information, to the extent that such
discovery is overly broad and unduly burdensome.
14.MCI objects to Qwest's Production Requests to the extent that the information
requested constitutes "trade secrets" which are privileged pursuant to the Idaho Trade Secrets
Act, Idaho Code ~ 48-807 et seq. (2003). To the extent that Qwest's Production Requests seek
MCl's OBJECTIONS TO THE FIRST PRODUCTION REQUESTS OF QWEST TO MCI-
proprietary confidential or highly confidential business information which is not the subject of
the "trade secrets" privilege, MCI will make such information available pursuant to Protective
Order No. 29384, issued November 21 2003.
15.MCI objects to Qwest's Production Requests that seek information regarding non-
switched services (e., services that do not depend on local Class 5 switches) except for non-
switched services (e., DSL) provided on loops that are also used to provide switched services
as such discovery is irrelevant for purposes of this dockets and is not reasonably calculated to
lead to the discovery of admissible evidence.
16.MCI objects to Qwest's Production Requests to the extent they seek information
regarding MCI's operations in ILEC service areas other than the Qwest service area within the
state ofIdaho, as such information is irrelevant to Qwest's case in this docket and such discovery
is overly broad and unduly burdensome.
17.MCI objects to the definitions for "hot cut
" "
batch hot cut " and "individual hot
cut " and each and every one of Qwest s Production Requests that include such terms, because it
is not clear whether or to what extent Qwest s practices are consistent with the FCC's use of
such terms, however such terms may be defined by the FCC. Thus, such discovery is vague.
MCI further objects to the use of such terms as they apply to Qwest's individual hot cut process
as MCI is not privy to each and every process or procedure employed by Qwest in implementing
such hot cuts.
18.MCI objects to Qwest s Production Requests to the extent they seek information
not within MCI's possession , custody, or control.
19.MCI objects to each and every one of Qwest's Production Requests that seeks
information regarding MCI's projections regarding future services, revenues, marketing,
strategies, equipment deployments, or other such future business plans as such requests are trade
MCl's OBJECTIONS TO THE FIRST PRODUCTION REQUESTS OF QWEST TO MCI-4
secrets and, for purposes of this proceeding, would be highly speculative and irrelevant to the
issues to be decided in this docket. Moreover, MCI's future plans are irrelevant because the
TRO concerns a hypothetical CLEC.
Responses
Request No.1: Please state whether the information in the LERG is current and accurate
for the switches that MCI owns, operates, controls, maintains in Idaho, or from which you lease
dial tone or trunking functionality/capacity. If any of the information is not accurate, please
identify the inaccurate information and provide corrected information, including any additions
deletions or changes. As part of your review of the information in the LERG, please state
whether the CLLI code is accurate for each switch that MCI owns, operates, controls, maintains
or from which you lease dial tone or trunking functionality/capacity. In addition, please state
whether the LERG definition of the function of each switch (i., tandem, end office, etc.) is
accurate.
MCl's RESPONSE : MCI incorporates its General Objections as if fully stated herein
particularly objections 4 , 7, 9, 10, and 13. Subject to and without waiving its objections, MCI
states that it will provide information responsive to this Production Request, to the extent such
information exists and is maintained by MCI.
Request No.2: For each switch owned or controlled by MCI that is being used in Idaho
to provide service to customers, please provide the capacity of the switch, with "capacity
defined as: (1) the number of lines installed; (2) the number of lines currently in use; (3) the
number of trunks currently installed; and (4) the number of trunks currently in use. In addition
for each switch that you identify, please provide the generic (feature package) loaded in the
switch.
MCl's OBJECTIONS TO THE FIRST PRODUCTION REQUESTS OF QWEST TO MCI-
MCl's RESPONSE : MCI incorporates its General Objections as if fully stated herein
particularly objections 3 , 7 , 8, 9, 10, 12 , and 13. Subject to and without waiving its objections
MCI states that it will provide information responsive to this Production Request, to the extent
such information exists and is maintained by MCI.
Request No.3: Please provide the average total revenue per line that MCI received from
its residential customers within Idaho in 2001 and 2002. The average revenue per line should
include revenues associated with the basic retail price charged to residential customers, vertical
features, universal service payments, interstate access charges, intrastate access charges,
subscriber line charges, toll, long distance, local number portability, and line revenues derived
from any other sources. Please provide both the total average revenue per line and a breakdown
of the amount of revenue for each category of revenue that comprises the total. Please produce
all documents that reflect, refer or relate to the information provided in your response to this
request.
MCl's RESPONSE : MCI incorporates its General Objections as if fully stated herein
particularly objections 3 , 7 , 9, and 10. Subject to and without waiving its objections, MCI states
that it will provide information responsive to this Production Request, to the extent such
information exists and is maintained by MCI.
Request No.4: Please provide the average total revenue per line that MCI has received
from its business customers within Idaho in 2001 and 2002. The average revenue per line
should include revenues associated with the basic retail price charged to business customers
vertical features, universal service payments, interstate access charges, intrastate access charges
subscriber line charges, toll, long distance, local number portability, and line revenues derived
from any other sources. Please provide both the total average revenue per line and a breakdown
of the amount of revenue for each category of revenue that comprises the total. If revenues differ
MCl's OBJECTIONS TO THE FIRST PRODUCTION REQUESTS OF QWEST TO MCI-6
depending on the type of business customer (small vs. large), please provide the total revenues
and the breakdown of revenues by type of business customer. Please provide the information by
POTS, DSO, DS1 , OC-3, OC-, OC-, and any other relevant categories. Please produce all
documents that reflect, refer or relate to the information provided in your response to this
request.
MCl's RESPONSE : MCI incorporates its General Objections as if fully stated herein
particularly objections 3 , 7, 9, and 10. MCI does not maintain the requested information for
business customers.
Request No.5: Please explain how MCI defines its business customer segments and
provide any documents that reflect this definition or the criteria MCI uses to segment or classify
business customers into distinct customer groups. Please produce all documents that reflect
refer or relate to the information provided in your response to this request.
MCl's RESPONSE : MCI incorporates its General Objections as if fully stated herein. Subject
to and without waiving its objections, MCI states that it will provide information responsive to
this Production Request, to the extent such information exists and is maintained by MCI.
Request No.6: Please provide the average total cost per line that MCI incurred in 2001
and 2002 for lines used to serve residential customers within Idaho. These costs should include
costs associated with switching; loops; collocation; transport; hot cuts; operational support
systems ("OSS"); signaling; customer acquisitions; backhauling traffic to MCI's switches;
maintenance, operations, and other administrative activities; and capital costs. If available
please provide a breakdown of this information for the following categories: (1) service provided
by UNE-, (2) service provided by UNE-, and (3) service provide using MCI's own facilities.
In addition, please provide any available breakdowns of each cost component that is part of the
average total cost per line, identifying the type and amount of each cost. Please produce all
MCl's OBJECTIONS TO THE FIRST PRODUCTION REQUESTS OF QWEST TO MCI-
documents that reflect, refer or relate to the information provided in your response to this
request.
MCl's RESPONSE : MCI incorporates its General Objections as if fully stated herein
particularly objections 3 , 7, 9 , and 10. Subject to and without waiving its objections, MCI states
that it will provide information responsive to this Production Request, to the extent such
information exists and is maintained by MCI.
Request No.7: Please provide the average total cost per line that MCI incurred in 2001
and 2002 for lines used to serve business customers within Idaho. These costs should include
costs associated with switching; loops; collocation; transport; hot cuts; OSS; signaling; customer
acquisitions; backhauling traffic to MCI's switches; maintenance, operations, and other
administrative activities; and capital costs. In addition to a total average cost, please provide
separate averages for service provided through UNE-, UNE-L and with MCI's own facilities.
Please provide a breakdown of each cost component that is part of the average total cost per line
identifying the type and amount of each cost. If costs differ depending on the type of business
customer (small vs. large), please provide the total cost and the breakdown of costs by type of
business customer. Please produce all documents that reflect, refer or relate to the information
provided in your response to this request.
MCl's RESPONSE : MCI incorporates its General Objections as if fully stated herein
particularly objections 3, 7, 9, and 10. MCI does not maintain the information requested for
business customers.
Request No.8: To the extent not provided in response to Request Nos. 6 and 7, please
identify the types or categories of customer acquisition costs MCI incurred in Idaho in 2001 and
2002 to attract new customers, set up their accounts, and establish service to them. In addition
to the extent not provided in response to Request Nos. 5 and 6, please provide the per line costs
MCl's OBJECTIONS TO THE FIRST PRODUCTION REQUESTS OF QWEST TO MCI-8
MCI incurred in 2001 and 2002 for both business and residential customers for each of the
types or categories of customer acquisition costs.
MCl's RESPONSE MCI incorporates its General Objections as if fully stated herein
particularly objections 3, 7 , 9, and 10. Subject to and without waiving its objections, MCI states
that it will provide certain acquisition cost information responsive to this Production Request
regarding residential customers, to the extent such information exists and is maintained by MCI.
MCI does not maintain the information requested for business customers.
Dated this 8th day of December, 2003.WORLDCqM )~~I\O ,
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ean J. Miller
McDEVITT & MILLER LLP
420 West Bannock Street
Boise, Idaho 83702
Attorneys for WorldCom, lnc./MCI
MCl's OBJECTIONS TO THE FIRST PRODUCTION REQUESTS OF QWEST TO MCI-
Certificate of Service
I hereby certify that on the 8th day of December, 2003, I caused to be served by the methodes) indicated
below, the foregoing document upon:
Charles Carrathers
VERIZON NORTHWEST INC.
1800 41" Street
Everett, Washington 98201
Tel:
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ch lIck. carrathers(g)verizon. co m
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Marlin D. Ard
ATIORNEY AT LAw
O. Box 2190
Sisters, Oregon 977 59
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marattv(g)qwest.net
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MaryB. Tribby
Letty S.D. Friesen
AT&T COMMUNICATIONS OF THE MOUNTAIN STATES
1875 Lawrence Street, Suite 1575
Denver, Idaho 80202
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Isfriesen(g)att.com
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Robert M. Pomeroy, Jr.
HOLLAND & HART
8390 East Crescent Parkway, Suite 400
Greenwood Village, Idaho 80111
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bpo merov(g) h 0 llandandhart. com
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Brian Thomas
TIME WARNER TELECOM
223 Taylor Avenue North
Seattle, Washington 98109
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Brian. Thomas(g)twtelecom. com
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Mary S. Hobson
STOEL RIvEs LLP
101 So. Capitol Blvd., Suite 1900
Boise, Idaho 83702
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mshobson(g)stoel.com
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MCl's OBJECTIONS TO THE FIRST PRODUCTION REQUESTS OF QWEST TO MCI-
Certificate of Service
continued
Adam L. Sherr
QWEST
1600 7th Avenue, Room 3206
Seattle, Washington 98191
Tel: [phone]
Fax: [phone]
asherr(fYQwest.com
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Conley E. Ward
GIVENS PuRsLEY, LLP
277 North 6th Street, Suite 200
O. Box 2720
Boise, Idaho 83701
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cew(fYeiyens purslev. com
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Clay R. Sturgis
Moss ADAMS LLP
601 West Riverside, Suite 1800
Spokane, Washington 99201-0663
Tel: 50~'747.2600
Fax: [phone]
clay.turgis(fYmossadams. co m
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MCl's OBJECTIONS TO THE FIRST PRODUCTION REQUESTS OF QWEST TO MCI-