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HomeMy WebLinkAbout20040922Vol I Oral Argument.pdf0RIGINAL IlJ QWEST CORPORATION BEFORE THE IDAHO PUBLIC UTILIT ~itsr~~S~~25 ~ti L \ ~ ~tg~~i1~i~ Slg~R - T - 04 - 2CITIZENS OF SOLDIERS MEADOW COMPLAINANTS / vs. ORAL ARGUMENT RESPONDENT. HEARING BEFORE COMMISSIONER PAUL KJELLANDER (Presiding) COMMISSIONER MARSHA H. SMITH COMMISSIONER DENNIS S. HANSEN PL1.\CE :Commission Hearing Room 472 West Washington Street Boise / Idaho DATE:September 13/ 2004 VOLUME I - Pages 1 - 23 P08T OFFICE BOX 578 BOl8E, IDAHO 83701 208-336-9208 COURT REPORTING cfmcf1f tk MWM'((,fIlf c1f.tu 1978 For the Staf f :WELDON STUTZMAN , Esq. Deputy Attorney General 472 West WashingtonBoise, Idaho 83702 For Qwest:ADAM L. SHERR , Esq. Qwe s 1600 Seventh Avenue , Room 3206Seattle, Washington 98191 - and- STOEL RIVES by CURTIS D. McKENZIE , Esq. 101 South Capitol Boulevard, Suite 1900Boise, Idaho 83702 - 5958 For Soldiers Meadow:VIVIAN MARAS (Pro Se) Post Office Box 280 25314 Soldiers Meadow Road Winchester , Idaho 83555 HEDRI CK COURT REPORTING O. BOX 578 , BOISE , ID AP PEARANCE S 83701 BOISE, IDAHO, MONDAY, SEPTEMBER 13, 2004, 3: 00 COMMISSIONER KJELLANDER:Okay, good afternoon. We'll call this hearing to order in Case No. GNR-T- 04 -2 .It' the Notice of Oral Argument and Motion to Dismiss , and it's in reference to Citizens of Soldiers Meadow area , the Complainants, versus Qwest Corporation , Respondent.The sole purpose of today' s hearing is for an Oral Argument. My name is Paul Kj ellander.I'll be the chairman of today' s proceedings.To my right is Commissioner Dennis Hansen.To my left is Commissioner Marsha Smi th. The order of events today will be that Qwest will present its argument first , and then we'll allow the residents of Soldiers Meadow to have an opportuni ty to respond. And why don't we begin with the appearances of the parties, and we'll begin with Qwest. Thank you , Commissioners.MR . SHERR:Good afternoon.This is Adam Sherr , spelled S-, with Qwest. Are the folks on the phone able to hear me? COMMISSIONER SMITH:If your mike's on. MS. VIVIAN MARAS:Barely.It's not a very loud -- COMMISSIONER KJELLANDER:Move a it tIe closer. Let's try it agaln. HEDRICK COURT REPORTING P. O. BOX 578, BOISE , ID ARGUMENT 83701 , let me try that again.MR . SHERR:This is Adam Sherr , spelled S-R-R , of Qwest. With me at counsel table is Curtis McKenzie with the law firm of Stoel Rives. COMMISSIONER KJELLANDER:Was that better? MS. VIVIAN MARAS:Yes, it is. COMMI S S lONER KJELLANDER:Okay, good. Let's move now to the Staff representing the Public Utilities Commission. MR. STUTZMAN Thank you, Mr. Cha i rman .While technically not a party in the case, Staff is present today. My name is Weldon Stut zman.m a Deputy At torney General. And I'm joined today by Mr. Doug Cooley, who's been involved somewhat in the case. COMMISSIONER KJELLANDER:Thank you.And if we could move now to the citizens of Soldiers Meadow, and if we could identify the individuals who will be speaking on that end? MS. VIVIAN MARAS:Yes.My name is Vivian Maras, A- S, and I will be speaking as the representative of the Soldiers Meadow residents. COMMISSIONER KJELLANDER:Okay.Thank you. MR. VLADO MARAS:My name is VI a do Maras, O M-S, and I also have a few things to say. MR. CHRI S CAVANAUGH:My name is Chris Cavanaugh HEDRI CK COURT REPORTING O. BOX 578, BOISE , ID ARGUMENT 83701 R- 1- S C-A- V -N -A- U -I have property at Soldiers Meadow. MS. CONNI E CAVANAUGH:m Chr is's wi fe Connie Cavanaugh. MS. VIVIAN MARAS:And also in attendance here Representative Mike Naccarato , and from the Lewiston Tribune Andrea Heisinger. COMMI S S lONER KJELLANDER:Okay.Thank you. All right.We're ready to begin and we will begin with Qwest Corporation , and if you'd like to go ahead and proceed wi th the Oral Argument. MR . SHERR:I will.Thank you.Again Adam Sherr on behal f of Qwest. I appreciate the opportunity to address the Commission today regarding Qwest' s Motion to Dismiss.I will endeavor to be very brief , as the Commissioners have already read Qwest' s Motion and Memorandum that we filed in this case in early August.Also, I note that the Notice that the Commission sent out encouraged the parties to focus on clarifying the issues, and so I will do my best to be brief. Simply put , what's at issue in this case is the Complainants demand that Qwest extend service to Soldiers Meadow for free , despi te that Soldiers Meadow is not wi thin Qwest 's service terri tory, despi te the tremendous cost that would be involved , and despite the provisions of Qwest' s HEDRICK COURT REPORTING P. O. BOX 578, BOISE , ID ARGUMENT 83701 tariff. Qwest 's Motion to Dismiss should be granted.The Complainants who have responded to the Motion to Dismiss have not raised any factual or legal bases for denying the Motion. As a matter of law , as a matter of fact , and a matter of policy, dismissal is the appropriate action at this time. Starting first wi th the law , this case was brought by the Complainants , specifically ci ting Idaho Code Section 61-508.That Section provides that Utilities can be compelled to build facilities only if it's reasonable to do so. The Supreme Court of the State has clarified that under that Section , it is, per se , unreasonable to order a Utility to extend service if it's outside the Company's service territory. So the Supreme Court has already spoken to that.It's also unreasonable if the Utility would be unable to recover costs said the Supreme Court.And I'm referring to , there, the Murray Decision that's ci ted in Qwest' s Motion. Also, Qwest' s tariff provides that Qwest only offer service wi thin its service terri tory.So as a matter of law , the Motion to Dismiss is appropriate because Soldiers Meadow is, uncontroverted, is outside of Qwest' s service terri tory. As a matter of fact, even if the Commission not inclined to reach the question of whether it can compel Qwest to serve outside the service territory, as a matter of HEDRI CK COURT REPORTING P. O. BOX 578, BOISE , ID ARGUMENT 83701 fact , dismissal is still appropriate because the facts presented so far show that service still won't reach Soldiers Meadow because it would be cost prohibi ti ve for Qwest to install service and for the residents of Soldiers Meadow to pay for the line extension. As the Commission well knows , Staff conducted a survey, sent out 50 surveys to individuals in Soldiers Meadow in the Soldiers Meadow area.Twenty-two, is my understanding, responded , and I'm basing this on the July 26 Memorandum of Mr. Cooley.Of the 22 , only 19 wanted service from Qwest. None were willing to pay more than a thousand dollars for the servlce, six were willing to pay no more than $200 , and seven were not wi 11 ing to pay anything. Last year at the request , I believe , of Staff Qwest put together a very rough estimate , which we believe probably greatly understated, but a rough estimate of how much it would cost, and the cost to serve was - - the approximated cost to serve to build to reach Soldiers Meadow was $180,000. Again , that is a very rough estimate.Qwest is relying on that for purposes of this Motion , but if this case were to go to hearing, Qwest believes that it would be, after a detailed engineering analysis was done , that it would be probably far more than $180,000. In the Response to - - on July 29 , the folks in Soldiers Meadow provided a Response to Mr. Cooley's Memorandum HEDRICK COURT REPORTINGP. O. BOX 578, BOISE , ID ARGUMENT 83701 regarding the survey, and they indicated there that it wasn' simply 19 potential customers but 30 potential customers. don't know whether - - I don't know whether that number has been confirmed by survey responses , but even assuming 30 customers and assuming $180,000 - - again, we believe that number probably low -- it's still $6 000 per location.Even if the Commission believed it could force Qwest to serve under - - serve folks in Soldiers Meadow , under Qwest' s line extension tariff each customer would have to pay far more than a thousand dollars that a few - - six --said they would be willing to pay. Finally, I feel compelled to emphasize that the $180 000 is very low and that the survey results were also interesting in that they showed 21 of the 22 respondents have cellular service in Soldiers Meadow. And so I told you at the beginning that I would focus on the facts , on the law , and on policy, and as to the matters of policy, Qwest believes that it is not in the public interest to compel a Utility to change its boundaries. Utilities design their network based on fixed boundaries. There is more capacity installed near the central office and tapers off as you reach the boundary of the exchange.Were to place too many facilities at the end of the boundary near the boundaries of the exchange, such would be inefficient and would be a waste of resources.If Qwest were compelled to if Qwest were compelled to serve, to extend the service to HEDRICK COURT REPORTING P. O. BOX 578, BOISE , ID ARGUMENT 83701 Soldiers Meadow, that great cost which the residents of Soldiers Meadow have indicated they are not willing to pay would likely siphon finite construction dollars from Qwest' s infrastructure proj ects.So as a matter of policy, Qwest believes that, again, that dismissal is appropriate. Let me conclude by saying that Qwest submits that the Statute at issue in this case, Idaho Code 61-508, does not require Qwest to extend service for free to Soldiers Meadow. Such a resul t would be unreasonable.It would be highly prejudicial to Qwest.Qwest's Motion to Dismiss should be granted. And I would be happy to answer any of your questions. COMMISSIONER KJELLANDER:Thank you. Are there any questions from members of the Commi s s ion? No questions.Okay, thank you very much. And let's move forward now with the citizens of Soldiers Meadow, and , Vivian , if you would like to go? MS. VIVIAN MARAS:Yes. COMMISSIONER KJELLANDER:If you could, just for the record, before you speak , just again state your name so that we're clear as far as the transcript record is concerned. MS. VIVIAN MARAS:Yes. COMMI S S lONER KJELLANDER:Thank you. HEDRICK COURT REPORTING O. BOX 578, BO IS E , I D ARGUMENT 83701 MS. VIVIAN MARAS:My name is Vivian Maras, I would like to thank the Commission for the opportunity to speak directly to them.I have to ask for your indulgence in listening to us, as the residents of the Soldiers Meadow area are ordinary citizens living in the North Central part of Idaho, and we do not have legal counsel to speak on our behal f We respectfully ask the Commission to rej ect Qwest 's Motion to Dismiss.We are here to present argument on Qwest 's Motion to Dismiss. We pet it ioned for serVlce in 2001 wi th the residents of Forest, Idaho.My conversations with Staff Doug Cooley -- began in late 1999 or early 2000 when U S WEST waS the carrler. I had contacted U S WEST directly for serVlce just to our home and was gl ven an estimate.The U S WEST engineer suggested I contact the PUC to see if there was any financial relief available. Mr. Cooley and I had numerous discussions, and he contacted me to advise me of the Petition being circulated in Forest, as I was temporarily in Seattle and not aware of this Petition for service. Over the period from 2001 when the Petition was submitted until the installation was made to Forest , Mr. Cooley HEDRICK COURT REPORTING O. BOX 578, BOISE , ID ARGUMENT 83701 and I spoke many times.He assured me repeatedly that the Petition was being treated in its entirety:All of you, or none 0 f you. I asked Mr. Cooley at least twice if we should request a publ ic hearing on behal f of the Soldiers Meadow residents and was told both times it was not necessary.The consideration by the PUC was going to be all of you or none of you. This leads us to our situation today. Qwest has made a Motion to dismiss the Soldiers Meadow Request, because by their own statements, quote, Qwest eventually agreed with Staff to extend facilities in order to avoid litigation over an ambiguity concerning its former line extension tariff.End quote. Qwest was allowed by the PUC to install , quote, facilities to -- sufficient to -- meet the customer needs of the - - that sparsely-populated remote area , end quote, which is only Forest. We at Soldiers Meadow were asking for service at the same time.But again, by their own statements, Qwest states that the, quote, boundaries have been in place since prior to 1913, end quote, and Soldiers Meadow is outside that boundary. We ask the Commission's consideration that this is the 21st century.Boundaries can be changed.Our Petition HEDRI CK COURT REPORTING P. O. BOX 578, BOISE , ID ARGUMENT 83701 for service was one of the issues being discussed, numerous accords were being reached, and back-room deals were being made.The residents of Soldiers Meadow were the losers in all of this manipulating. We ask the Commission's consideration on why Qwest was allowed to change their tariff, which now provides for only a $1 600 credit instead of the one-half -mile credit which was in place for the expansion to serve Forest.Why didn't the PUC reach an accord with Qwest that to allow the tariff change, Qwest would have to serve Soldiers Meadow. Qwest states , quote:Certainly Qwest would have opposed the boundary change then as it does now, and Qwest would not have agreed with the Staff to serve the customers of Forest had the agreement also involved an additional four miles of facilities to reach Soldiers Meadow.End quote. Wi thout legal counsel to act on our behal f , we are unable to pursue a discovery process and ask what costs Qwest incurred in bringing service to Forest and how many connections were made.We were told in 2003 that the cost s come to Soldiers Meadow was approximately $70,000.Because Qwest was allowed by the PUC to bring only the facilities to serve Forest, the Soldiers Meadow residents are being asked to pay the additional $110 000, plus upgrade to the inadequate system. How did thi s happen?Why was Qwest allowed to HEDRICK COURT REPORTING P. O. BOX 578 , BOISE, ID ARGUMENT 83701 bring limited service?A guaranteeAnother back-room deal? that they would never have to serve Forest - - serve Soldiers Meadow?To avoid litigation. Should the residents of Soldiers Meadow consider a class action lawsuit?The PUC has the power to exerc i se that power and has a duty to establish a service area for the Soldiers Meadow area. Qwest is wrong in their Motion to Dismiss our Complaint.Under Sect ion 62 - 610 (A) of the I daho Code, the Telecommunications Act of 1988 established the fund so all consumers of the state of Idaho can have telephone service. The PUC has had that fund for 16 years.The Soldiers Meadow residents have asked for service since 2001 with the residents of Forest. In conclusion , the remedy that the Commission can offer is: First, to rej ect Qwest' s Motion to Dismiss. Second, acknowledge that the PUC Staff reached an unwise accord with Qwest at the exclusion of the Soldiers Meadow residents. Third, pursue establishing a service area for land line communications in Soldiers Meadow. And, fourth , order service to Soldiers Meadow by Qwest or another carrier. Thank you. HEDRICK COURT REPORTING P. O. BOX 578, BOISE, ID ARGUMENT 83701 COMMISSIONER KJELLANDER:Thank you.Let I S see. I believe you mentioned you had several others who wanted to provide a statement to the Commission during this Oral I f we could have the next one come up to theArgumen t . telephone and state their name? MR. CHR IS CAVANAUGH:This is Chris Cavanaugh A- V -N -A- U -We concur wi th the statement just read to the Commissioners. A short statement is that I feel that this Motion to Dismiss amounts to cutting off our relationship with the We understand there's no service district.We feel thatPUC. needs to be established, and then go from there. That's all I have to say. COMMISSIONER KJELLANDER:Thank you for your statement , Mr. Cavanaugh. And I bel ieve we have several others.If we could have the next commenter come to the telephone and also state their name for the record? MR. VLADO MARAS:My name is Vlado Maras, O M-S, and I regret we have to meet for this kind of conference. As most everybody concerned is aware , we have petitioned for telephone service since 2001.The PUC and the Qwest have, in my opinion , evoked the trade decisions of Soldiers Meadow and they ve grossly let them down.If we were HEDRI CK COURT REPORTING P. O. BOX 578, BOISE , ID ARGUMENT 83701 pursued in good fai th , we would not have this mess. I believe the PUC has an obligation and duty to ensure serVlce to all the residents of Idaho and not allow for companies such as Qwest to exclude any citizens from utilities that are necessary.It's bad for Idaho for any corporation to come here and extort their inflated costs of doing business from the consumer. Just as an example, I have participated in construction all of my working life and I have participated with several oil refineries, and I have never seen customers paying the cost of the refinery with the customer at the gas pump. Makes me wonder if this is, of course, their policy for a corporation move to Idaho just to collect a profit wi thout doing any improvement or make any new investments.The first 30 or so customers of the company have to pay the cost of the company doing business?If so , this practice seems very bad for Idaho. And, further , how can the PUC allow the change in Qwest tariffs from half a mile credit to at this time the same half mile to cost tens of thousands of dollars?How can the PUC allow the change to take place knowing that citizens of Soldiers Meadow were petitioning for telephone service and were along wi th the members and residents of Forest? This is one area has been referred to by the HEDRICK COURT REPORTING P. O. BOX 578, BOISE , ID ARGUMENT 83701 Qwest and everybody.It can be easier reached and faster from Lewiston than it takes most days to cross Boise.How are private entities able to provide -- realize a profit without getting an increase of several tens of thousand fold in their cost of doing business?And if that I s not very clear , prior to PUC allowing Qwest to change their tariff , the consumer cost was zero dollars a half mile.Now the consumer cost is tens of thousand dollars for the same half mile.This inflated cost from only a pool of contractors?My question calls that. And, further , we were included once and now are golng to be dismissed.What is the duty of the PUC?Will they allow this discriminatory action by Qwest to remain?The PUC should use this one as an example so no utility provider in the state of Idaho would even consider discriminating any Idaho citizen. Thank you very much. COMMISSIONER KJELLANDER:Thank you.And I bel ieve we may have another presenter. MS. VIVIAN MARAS:No, that would be all.Thank you. COMMISSIONER KJELLANDER:Is that it?Okay, t hank you. At this point are there any questions?And I believe we may have a couple of questions.Commissioner Smi and then Commissioner Hansen. HEDRI CK COURT REPORTING O. BOX 578 , BOI SE, ARGUMENT 83701 COMMISSIONER SMITH:Thank you , Mr. Cha i rman . m Marsha Smith, one of the Commissioners, and my question is for Mrs. Maras and Mr. Cavanaugh , and it is how many year-round residents are there in the Soldiers Meadow area , do you know? MS. VIVIAN MARAS:Yeah , probably six or seven. m not certain. COMMISSIONER SMITH:Okay.That's close enough. And then I was curious also, cell phone service was mentioned earlier.Do either of you have cell phone service? MS. VIVIAN MARAS:Yes, we do have cell phone service but it is absolutely sporadic, and on a whole, you have It is provided by Inland Cellular , and mostto say very poor. of us, in order to use it, have to drive from our propert ies to reach an area where the service is able to be received. And I'd like to explain a little bit more on your question about the year-round residents.Even the residents who are having summer cabins or weekend places in Soldiers Meadow, they would still be willing to pay for the monthly cost of the phone.So our question is really what difference does it make whether you live there year-round or whether you only are there for the weekend or a vacation cabin?You're still going to be paying your monthly service costs for your telephone. HEDRICK COURT REPORTING P. O. BOX 578, BOISE, ID ARGUMENT 83701 COMMISSIONER SMITH:Okay.Thank you very much. COMMISSIONER KJELLANDER:Commissioner Hansen. COMMISSIONER HANSEN:I believe Commissioner Smi th asked the questions I was going to ask.Let me just see. Oh, I believe I do have one other question: As it's been brought out, it is very costly bringing a service in there to Soldiers Meadow , and I was just kind of curlOUS how much are the people of Soldiers Meadow wi 11 ing to pay?I see it's in the record some are willing to pay $200 and there were a few , I guess, a maximum of a thousand , but I was just kind of curlOUS , let's say just for a number , let's say it costs $100,000 to bring it in.How much are the people there willing to pay?Would you have an idea? MS. VIVIAN MARAS:This is Vivian Maras. wouldn t be able to speak for everyone, but my idea basically in the form of a question and that is why is necessary for us to incur any of that cost when in 2003, the extension to Forest was provided under an old tariff where those residents did not lncur any cost?So why are we be ing discriminated against and treated differently, just because we were outside of that boundary which is the County line , which was established prior to 1913?I real i ze we may be sort of hung up on this issue, but I feel we are justified in bringing it up, because the entire conversation concerning our Petition reiterated the fact that the Petition was going to be HEDRI CK COURT REPORTING O. BOX 578, BOISE , ID ARGUMENT 83701 considered in its entirety:All of you or none of you. As it turned out , Forest was wi thin an existing servlce area which was established prior to 1913.My question to the Commissioners was, since this is 2001 , couldn't we change the boundaries.And we we It is the 21st century. out there asking for service at the same time as the peti tioners in Forest. So those of us that are involved in this do have a stumbling block on the cost, and I would have to say that whatever was submitted on the questionnaire is probably what the resident is willing to pay. COMMISSIONER HANSEN:So if I'm to come to a consensus or - - come to a consensus here, do I understand correctly then you're saying you don't think the residents there should have to pay any extra cost whatsoever to bring the telephone serVlce there?Is that right? MS. VIVIAN MARAS:Whatever was used for the Forest extension we feel is appropriate for us, and it's our understanding - - as I said earlier , we have no way of knowing what the cost was to Qwest to bring that service to Forest and we have no way of knowing except talking individually to each person and asking them what they paid, so we feel we can be considered in the same realm as the extension to Forest. COMMISSIONER HANSEN:Okay, one last question: I thought I heard you say earlier you were in HEDRI CK COURT REPORTING O. BOX 578, BOISE , ID ARGUMENT 83701 Seattle or something at one time.Are you year-round residents there? MS. VIVIAN MARAS:Yes.Yes, we are year-round. And I initially contacted U S WEST for phone service when they were still the carrier.And my contact wi the PUC began as a suggestion of the U S WEST engineer who talked wi th about service just to our home. COMMISSIONER HANSEN:Thank you.That's a 11 I have. COMMISSIONER KJELLANDER:Thank you, Commissioner Hansen. Why don't we move now , Slnce Qwest brought the Motion , Qwest is allowed for any closing comments it wants to make. MR . SHERR:Thank you, Commissioner.Several of the points raised by the Complainants were addressed to Staff or concerns regarding Staff that I can't really respond to. don't know if Staff is to be given an opportuni ty to respond to that, but there are only a few points that I'd like to respond to from Qwest' s perspective. I'd like to start off by saying I certainly hear that the residents of Soldiers Meadow are frustrated , and Qwest certainly understands that and has sympathy for that frustration.However , it's Qwest' s posi tion that that frustration is not a basis for denying Qwest I s Motion or HEDRICK COURT REPORTING P. O. BOX 578, BOISE , ID ARGUMENT 83701 rewri ting Idaho Statute or Idaho case law.It's not a basis for compelling Qwest in these times of well-understood turmoil In the industry, and in Qwest specifically, to expend hundreds of thousands of dollars to extend service beyond its service terri tory.So I do hear - - on a personal level , I do hear the frustration and we recognize it, and I hope that nothing said today too greatly dismisses that.I just wanted to make that point.I wanted to have that opportuni ty to say that. A couple times Mrs. - - Ms. Maras pointed out that it's the 21st century and that the boundaries were set long, long ago , and that because it's the 21st century, those boundaries should change.I want to just very quickly tell the Commission what I think it already knows , which is changing the boundary is not as simple as drawing the line on the map. obviously need to - - we:Qwest , or any Utility -- needs to expend significant dollars to do that.Plant has to be extended beyond the boundaries not only from the last point in the boundary - - in this instance, Forest - - but it also has to be reinforced back from the last point of the boundary back to the central office.It would not have been reasonable for Qwest to have many more facilities extended to Forest because Forest was the end of the line.And so I just want to make that point one more time that we're not simply talking about redrawing the ine It I S a lot of money, and nothing that the folks in Soldiers Meadow have said today or at any earlier HEDRICK COURT REPORTING O. BOX 578, BOI SE, ID ARGUMENT 83701 point controverts the fact that they are unwilling to pay anything. And so that's where we are.Qwest , agaln , asks that the Commission dismiss this Complaint.I would be happy to respond to any questions you might have.Thank you. COMMISSIONER KJELLANDER:Thank you. Are there any questions from members of the Commi s s ion? If not, at this point then I'd like to thank all the participants who provided information to the Commission today in the form of this Oral Argument, and would just like to apprise all of those present that it's the Commission's intent to deliberate on this matter privately now that we've heard the Oral Argument and at tempt to raise -- Excuse me.Do you have a question , Commissioner Smi th? COMMISSIONER SMITH:Yes, Mr. Chairman. apologize , I know it's out of order , but I had one more question for the residents of the Soldiers Meadow if you would allow me. COMMISSIONER KJELLANDER:I would allow you , yes. COMMISSIONER SMITH:Ms. Maras and Mr. Cavanaugh I guess what I was curious about is the development of the Soldiers Meadow area and when your houses were constructed, and whether you knew at that time there was phone service or wasn't HEDRICK COURT REPORTING P. O. BOX 578, BOISE , ID ARGUMENT 83701 phone servlce. MS. VIVIAN MARAS:Yes, this is Vivian Maras. Our home has been there 20 years.It was originally constructed in the early ' 80s as a mountaintop establishment called Andy Marvin's rest stop, which has qui te a bi t of history here in North Central Idaho.And when we purchased it in 1999, we were aware that there was not a phone there. MR . CHR I S CAVANAUGH:This is Chris Cavanaugh. m presently in the middle of building my place, and my wife and I' s intentions are to move up there.As soon as she retires, we will be full-time residents.And, yes , I knew there weren't phones at the time. And, by the way, back to someone' s asking about cell phones.ve had a fairly powerful bag cell phone for since I started building up there and it appears the signals have been getting steadily worse.I actually had pretty good signal right at the construction site.Sometimes I'd have to go to my gate.Very seldom I had to go clear to the top of the ridge to make the call.But nQw , the signal is bouncing in and out so bad that it's really hit and miss. COMMISSIONER SMITH:Okay.Thank you very much. Thank you , Mr. Cha i rman . COMMI S S lONER KJELLANDER:Okay.Well , agaln then , I think at this point then we're going to bring these HEDRICK COURT REPORTING O. BOX 578 , BOISE , ID ARGUMENT 83701 proceedings to a close and I want to thank all the participants, and the Commission will begin its deliberation and attempt to render a Decision as soon as possible.So we are adj ourned . (The hearing adj ourned at 3: 41 p. m. ) HEDRICK COURT REPORTING O. BOX 578, BOISE , ID ARGUMENT 83701 AUTHENT I CAT I ON This is to certify that the foregoing is a true and correct transcript to the best of my abili ty of the proceedings held in the matter of Citizens of Soldiers Meadow Area , Complainants, vs. Qwest Corporation , Respondent , Case No. GNR-04-, commencing on Monday, September 13, 2004 , at the Commission Hearing Room , 472 West Washington , Boise, Idaho, and the original thereof for the file of the Commission. Ur ., WENDY J. MUR otar Public in and for t State of Idaho residing at Meridian , Idaho. My Commission expires 2 -2008. Idaho CSR No. 475 HEDRI CK COURT REPORTING O. BOX 578, BOISE , ID AUTHENTICATION 83701