FIRST.docx

CHERI C. COPSEY
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE,  IDAHO  83720-0074
[phone]
Street Address for Express Mail:
472 W WASHINGTON
BOISE ID  83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF CTC TELECOM, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL EXCHANGE SERVICE AS A COMPETITIVE LOCAL CARRIERAND FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER
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CASE NO. GNR-T-98-4
STAFF’S FIRST DISCOVERYREQUEST TO CTC TELECOM, INC.
The Staff of the Idaho Public Utilities Commission, by and through its attorney of record, Cheri C. Copsey, Deputy Attorney General, serves the following interrogatories, requests for production and requests for admission to CTC Telecom, Inc. pursuant to Rule 225 of the Idaho Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.  Responses must be served on or before AUGUST 6, 1998, if the Commission grants the Staff’s Discovery Motion or AUGUST 20, 1998, the Commission denies the Staff’s Discovery Motion.
GENERAL INSTRUCTIONS
1.These interrogatories, requests for admission and requests for production are deemed continuing in nature, and CTC’s responses are to be supplemented as additional information and knowledge becomes available or known to CTC by way of supplementary responses or additional documents that it or any person acting on its behalf may later obtain that will augment the documents produced or the answers provided.
2.If, for reasons other than alleged privilege, CTC does not provide a complete response to any interrogatory, request for admission, or request for production, state with respect to such interrogatory, request for admission, or request for production that a complete response is not provided and state the reason for the incomplete response.   
3.With respect to all requests for admission, if objection to a request for admission is made, the reasons therefor shall be stated.  The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter.  A denial shall fairly meet the substance of the requested admission, and when good faith requires that CTC qualify the answer or deny only a part of the matter of which an admission is requested, CTC shall specify so much of it as is true and qualify or deny the remainder.  CTC may not give lack of information or knowledge as a reason for failure to admit or deny unless it states that it has made reasonable inquiry and that the information known or readily obtainable by it is insufficient to enable it to admit or deny.  If CTC considers that a matter of which an admission has been requested represents a genuine issue for hearing, it may not, on that ground alone, object to the request; CTC may deny the matter or set forth reasons why it cannot admit or deny it.
4.For each item, please indicate the name of the person(s) preparing the answers, along with the job title of such person(s) and identify the witness who can sponsor the answer at hearing.  For all responses to the following requests, please provide all work papers on a 3.5" diskette.
DEFINITIONS
In answering these interrogatories and requests for production, all terms used retain their normal meaning.  The following terms, in addition to their commonly understood definitions, shall have the following meanings:
A.The term “data,” as used in this document, refers to measurements, estimates, calculations and observations.
B.The term “document” is defined in the broadest possible manner and, at a minimum, means any original or copy of words or information, whether produced in original or copy form by printing, typing, recording, retrieval from electronic storage, manual reproduction, or other process regardless of the form.  The term “document” includes, but is not limited to, writings, agreements, communication, correspondence, reports, memoranda, records, maps, charts, plans, drawings, and opinions or reports of consultants.
C.The term “identify” means:
(1)as to documents, give the date of each such document, the addresser’s name, position, and address, the addressee’s name, position and address, any file, index or other identification number, title and general character of the document, and specify the name, address and position of the person or persons having custody and control thereof.  Alternatively, the document may be appended to your answer.
(2)as to a person, or entity, give the full name, business address and telephone number, and the person’s current position and duties.
D.The term Hidden Springs Development includes the boundaries of the “Hidden Springs Community.”
REQUESTS FOR ADMISSION
Request for Admission No. 1.  Please admit that, except for the possible exemption provided for rural local exchange carriers, CTC will have or does have the duty to negotiate with any other local exchange carrier requesting interconnection in good faith in accordance with 47 U.S.C. § 252, the particular terms and conditions of agreements to fulfill the duties described in 47 U.S.C. § 251(b) and (c).
Request for Admission No. 2.  Please admit that, except for the possible exemption provided for rural local exchange carriers, CTC will have or does have the duty to provide, for the facilities and equipment of any requesting telecommunications carrier, interconnection with its network —
(A) for the transmission and routing of telephone exchange service and exchange access;
(B) at any technically feasible point within the carrier’s network;
(C) that is at least equal in quality to that provided by the local exchange carrier to itself or to any subsidiary, affiliate, or any other party to which the carrier provides interconnection; and
(D) on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of the agreement and the requirements of 47 U.S.C. §§ 251(c) and 252.
Request for Admission No. 3.  Please admit that except for the possible exemption provided for rural local exchange carriers, CTC will have or does have theduty to provide, to any requesting telecommunications carrier for the provision of a telecommunications service, nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on rates, terms, and conditions that are just, reasonable, and nondiscriminatory in accordance with the terms and conditions of the agreement and the requirements of 47 U.S.C. §§ 251(c) and 252.  
Request for Admission No. 4.  Please admit that except for the possible exemption provided for rural local exchange carriers, CTC will have or does have theduty to provide such unbundled network elements in a manner that allows requesting carriers to combine such elements in order to provide such telecommunications service.
Request for Admission No. 5.  Please admit that except for the possible exemption provided for rural local exchange carriers, CTC will have or does have theduty:
(A) to offer for resale at wholesale rates any telecommunications service that it provides at retail to subscribers who are not telecommunications carriers; and
(B) not to prohibit, and not to impose unreasonable or discriminatory conditions or limitations on, the resale of such telecommunications service.
Request for Admission No. 6.  Please admit that except for the possible exemption provided for rural local exchange carriers, CTC will have or does have thedutyto provide reasonable public notice of changes in the information necessary for the transmission and routing of services using CTC’s facilities or networks, as well as of any other changes that would affect the interoperability of those facilities and networks.
Request for Admission No. 7.  Please admit that, except for the possible exemption provided for rural local exchange carriers, CTC will have or does have thedutytoprovide for physical collocation of equipment necessary for interconnection or access to unbundled network elements at the premises of the CTC on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, except that CTC may provide for virtual collocation if it demonstrates to the Commission that physical collocation is not practical for technical reasons or because of space limitations.
Request for Admission No. 8.  Please admit that any wireline local exchange carrier that wants to provide competitive local exchange service to the Hidden Springs Development will have to build its own facilities.
Request for Admission No. 9.  Please admit that TCI has, at least until July 15, 1998, been denied access to the Hidden Springs Development trenches necessary for it to lay cable.
Request for Admission No. 10.  Please admit that Hidden Springs Development is a new development.
Request for Admission No. 11.  Please admit that no other wireline local exchange carrier has previously provided actual local exchange telephone service (dial tone) to the Hidden Springs Development under construction off Dry Creek Road.
Request for Admission No. 12.  Please admit that CTC maintains that as a rural local exchange carrier the Commission may deny ETC status to any other local exchange carrier in the same Hidden Springs Development service area.
Request for Admission No. 13.  Please admit that CTC began construction of its facilities before it received a Certificate of Public Convenience and Necessity.
Request for Admission No. 14.  Please admit that CTC will not negotiate with any other local exchange carrier requesting interconnection in accordance with 47 U.S.C. § 252 the particular terms and conditions of agreements to fulfill the standards described in 47 U.S.C. § 251(b) and (c).
Request for Admission No. 15.  Please admit that CTC will not provide interconnection with its network for the facilities and equipment of any requesting telecommunications carrier —
(A) for the transmission and routing of telephone exchange service and exchange access;
(B) at any technically feasible point within the carrier’s network;
(C) that is at least equal in quality to that provided by the local exchange carrier to itself or to any subsidiary, affiliate, or any other party to which the carrier provides interconnection; and
(D) on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of the agreement and the standards of 47 U.S.C. §§ 251(c) and 252.
Request for Admission No. 16.  Please admit that CTC will not provide, to any requesting telecommunications carrier for the provision of a telecommunications service, nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on rates, terms, and conditions that are in accordance with the terms and conditions of the agreement and the standards of 47 U.S.C. §§ 251(c) and 252.  
Request for Admission No. 17.  Please admit that CTC will not provide unbundled network elements in a manner that allows requesting carriers to combine such elements in order to provide such telecommunications service.
Request for Admission No. 18.  Please admit that CTC will provide reasonable public notice of changes in the information necessary for the transmission and routing of services using CTC’s facilities or networks, as well as of any other changes that would affect the interoperability of those facilities and networks.
Request for Admission No. 19.  Please admit that CTC willprovide for physical collocation of equipment necessary for interconnection or access to unbundled network elements at CTC’s premises, on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, except that CTC may provide for virtual collocation if it demonstrates to the Commission that physical collocation is not practical for technical reasons or because of space limitations.
Request for Admission No. 20.  Please admit that CTC will negotiate with any local exchange carrier requesting interconnection in accordance with 47 U.S.C. § 252, the particular terms and conditions of agreements to fulfill the standards described in 47 U.S.C. § 251(b) and (c).
Request for Admission No. 21.  Please admit that CTC will provide interconnection with its network for the facilities and equipment of any requesting telecommunications carrier—
(A) for the transmission and routing of telephone exchange service and exchange access;
(B) at any technically feasible point within the carrier’s network;
(C) that is at least equal in quality to that provided by CTC to itself or to any subsidiary, affiliate, or any other party to which the carrier provides interconnection; and
(D) on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of the agreement and the standards of 47 U.S.C. §§ 251(c) and 252.
Request for Admission No. 22.  Please admit that CTC will provide nondiscriminatory access to network elements on an unbundled basis at any technically feasible point to any requesting telecommunications carrier for the provision of a telecommunications service, on rates, terms, and conditions that are in accordance with the terms and conditions of the agreement and the standards found in 47 U.S.C. §§ 251(c) and 252.  
Request for Admission No. 23.  Please admit that CTC will provide unbundled network elements in a manner that allows requesting carriers to combine such elements in order to provide such telecommunications service.
Request for Admission No. 24.  Please admit that CTC will not provide for physical collocation of equipment necessary for interconnection or access to unbundled network elements at the premises of the CTC.
Request for Admission No. 25.  Please admit that CTC and the Hidden Springs Development developer, Hidden Springs Community, LLC or Hidden Springs Development owners have a “gentlemen’s agreement” to make CTC the exclusive local exchange carrier for the Hidden Springs Development.
Request for Admission No. 26.  Please admit that cellular telephone service is not presently available at all locations throughout the proposed Hidden Springs Development.
Request for Admission No. 27.  Please admit that cellular service is not technically possible at all locations throughout the proposed Hidden Springs Development without the construction of a cellular tower.
Request for Admission No. 28.  Please admit that a wireline local exchange carrier that was requested by a Hidden Springs Development customer to provide local exchange service would need to build its own facilities.
Request for Admission No. 29.  Please admit that any wireline local exchange carrier that wants to provide competitive local exchange service in the Hidden Springs Development or Community will have to excavate new trenches to build its own facilities.
INTERROGATORIES
Interrogatory No. 1. On what basis does CTC claim it is a rural carrier?
Interrogatory No. 2. On what basis does CTC claim that TCI will be providing local exchange service competition?
Interrogatory No. 3. What is the status of TCI’s cable operation in Hidden Springs Development?
Interrogatory No. 4. How far is Hidden Springs Development from the city limits of Boise?
Interrogatory No. 5.For every Request for Admission, please state the basis for the denial or admission.
REQUEST FOR PRODUCTION
Request for ProductionNo. 1.  For each Request for Admission and Interrogatory, please provide whatever documents that support your answers.
Request for ProductionNo. 2.  Please provide a plat map showing city and county boundaries, easements and lots for the Hidden Springs Development.
Respectfully submitted this     23rd         day of July 1998.
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Cheri C. Copsey
Deputy Attorney General
Technical Staff:  Wayne Hart