20111019Staff 24-37 to NCI.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
ISB NO. 6864
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2011 OCT l 9 PH I: II
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION)
OF NEXUS COMMUNICATIONS, INC. ) CASE NO. NCI-T-11-01
FOR DESIGNATION AS AN ELIGIBLE )
TELECOMMUNICATIONS CARRER IN )
THE STATE OF IDAHO. ) SECOND PRODUCTION
) REQUEST OF THE COMMISSION
) STAFF TO NEXUS
) COMMUNICATIONS, INC.
)
The Staff of the Idaho Public Utilties Commission, by and through its attorney of record,
Neil Price, Deputy Attorney General, requests that Nexus Communications, Inc. (Company;
Nexus) provide the following documents and information as soon as possible, but no later than
THURSDAY, NOVEMBER 10, 2011.
The Company is reminded that responses pursuant to Commission Rules of Procedure
must include the name and phone number of the person preparing the document, and the name,
location and phone number of the record holder and if different the witness who can sponsor the
answer at hearing if need be. Reference IDAPA 31.01.01.228.
This Production Request is to be considered as continuing, and Nexus is requested to
provide, by way of supplementar responses, additional documents that it or any person acting
on its behalf may later obtain that will augment the documents produced.
SECOND PRODUCTION REQUEST TO
NEXUS COMMUNICATIONS OCTOBER 19,2011
Please provide answers to each question, supporting workpapers that provide detail or are
the source of information used in calculations, and the name, job title and telephone number of
the person preparing the documents. Please identify the name, job title, location and telephone
number of the record holder.
Please provide all Excel and electronic fies on CD with formulas activated.
REQUEST NO. 24: On page 1 of the Responses of Nexus Communications to First
Production Request of the Commission Staff ("Responses") to Request No.1, the Company
states it does not currently have any customers in Idaho. However, according to the Program
Coordinator of the Idaho Emergency Communications Commission (IECC), Nexus remitted 911
fees to Banock, Boundar, and Kootenai Counties. Please explain.
REQUEST NO. 25: On page 5 of the Responses to Request No. 11, Nexus states it's
President, Steve Fenker, will be available Monday through Friday 9am to 6pm to take all
consumer complaints and can be reached on 740.549.1092. Please explain if a Lifeline customer
wil be assessed a long distace charge to call the 740 area code telephone number and if
monthly minutes wil be deducted for this call. In addition, please explain how consumer
complaints wil be handled when Mr. Fenker is not available to receive calls.
REQUEST NO. 26: On page 7 of the Responses to Request No. 13, the Company does
not explain the number of usage minutes per month a Lifeline customer wil receive, nor the
additional minutes of use when a $3 to $50 usage cards are purchased. Please state exactly how
many minutes per month wil be available to the Idaho Lifeline customers and the exact number
of minutes an additional card represents (i.e. $0.20 per minute?). Please see Request No. 28 and
No. 37.
REQUEST NO. 27: As follow up to the Responses to Request No. 20 on page 10-11,
please verify that an unopened text message from the Company to the Lifeline customer wil
NOT be considered usage and, as such, nullfy the "inactive" status of the Lifeline customer.
SECOND PRODUCTION REQUEST TO
NEXUS COMMUNICATIONS 2 OCTOBER 19,2011
REACH OUT WIRELESSTM Terms and Conditions of Service ("Agreement")
REQUEST NO. 28: On page 1 of the Agreement, the airtime usage rate of$0.20 per
minutes is listed. Please confirm that this is the intended per minute rate for Lifeline customers
in Idaho.
REQUEST NO. 29: On page 1 of the Agreement, a Monthly Access Fee is described.
Please explain if this fee wil be applicable in Idaho, and explain why Virginia customers are
exempt from paying this fee.
REQUEST NO. 30: On page 1 of the Agreement, it states that when additional airtime
is added to the account before the current balance expires, the existing balance wil carry over to
the new expiration date. Please explain if all unused minutes wil caryover, or if the carr over
feature is only activated with the purchase of additional minutes.
REQUEST NO. 31: On page 2 of the Agreement, domestic and international text
message rates are listed respectively as $0.10 and $0.20 per text message. Please explain if
Lifeline customers will also have usage deducted when sending or receiving text messages. Can
customers choose not to have text?
REQUEST NO. 32: On page 3 of the Agreement, only a brief mention is made that a
compatible handset is required. Please explain if the Company provides a handset to its Lifeline
customers.
REQUEST NO. 33: On page 3 of the Agreement, the Service Activation Fee is detailed.
Please explain if this activation fee is applicable in Idaho? Ifso, what activation expenses are
incured by the Company?
REQUEST NO. 34: On page 4 of the Agreement, it states that REACHOUT
WIRELESSTM rates and service are subject to change without notice. Please explain if this
condition wil be applicable in Idaho.
SECOND PRODUCTION REQUEST TO
NEXUS COMMUNICATIONS 3 OCTOBER 19,2011
REQUEST NO. 35: On page 5 of the Agreement, chargeable time is explained. The
charge for an outgoing call begins when the user presses "send." Chargeable time ends after the
user presses "end" or a similar key, but not until the wireless telephone's signal of cali
disconnect is received by the Company's facilties and the call disconnect signal has been
confirmed. Please explain what the Company's average times are to connect and disconnect
calls after the user presses the appropriate key or button. What guarantees, if any, does the
Company have regarding average connect and disconnect times?
REQUEST NO. 36: Staring on page 7 of the Agreement, each state's Lifeline
eligibilty requirements are listed. The states listed in the Agreement do not match those listed
on the website. For example, California and Marland are not listed in the Agreement and
Wisconsin is not listed on the website. Please explain this discrepancy.
REQUEST NO. 37: In the State of Texas ETC Application case, Nexus recently agreed
to the following conditions:
· Lifeline customers will not be charged against monthly minutes for taxes, fees, or
surcharges.
· Lifeline customers wil not be charged a reconnect fee or the recurring monthly
fee.
· The Company wil delete verbiage that states it can change a customer's phone
number at any time for any reason.
· Increase the number of free minutes per month from 68 to 120 for Lifeline
customers.
· Additional purchased minutes for Lifeline customers can be purchased at $0.10
per minute.
· Lifeline customer wil not be required to use minutes to call *611 customer
service.
Please explain if the Texas ETC conditions alter the Company's ETC Application in Idaho.
SECOND PRODUCTION REQUEST TO
NEXUS COMMUNICATIONS 4 OCTOBER 19,2011
DATED at Boise, Idaho, this '~day of October 2011.
f'~
Neil Price
Deputy Attorney General
Technical Staff: Grace Seaman
i:umisc:prodreq/ncitl1.npgs prod req2
SECOND PRODUCTION REQUEST TO
NEXUS COMMUNICATIONS 5 OCTOBER 19,2011
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 19TH DAY OF OCTOBER 2011,
SERVED THE FOREGOING SECOND PRODUCTION REQUEST OF THE
COMMISSION STAFF TO NEXUS COMMUNICATIONS, INC., IN CASE NO.
NCI-T-II-0l, BY MAILING A COPY THEREOF, POSTAGE PREPAID, TO THE
FOLLOWING:
DANIELLE FRAPPIER
BRIAN A NIXON
DAVIS WRIGHT TREMAINE
1919 PENNSYLVANIA AVE NW
STE 800
WASHINGTON DC 20006
E-MAIL: daniellefrappier(idwt.com
brianixon(idwt.com
STEVEN FENKER, PRESIDENT
NEXUS COMMUNICATIONS INC
3629 CLEVELAND AVE
STEC
COLUMBUS OH 43224
E-MAIL: sfenkerl(iearthIink.net
SECRE*R~
CERTIFICATE OF SERVICE