200507202nd Level 3 request to Qwest.pdf

Dean J. Miller
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, ill 83702
Tel: [phone]
Fax: [phone]
j oe~mcdevi1:1:mill er. com
Attorneys for Level Communications, LLC
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1005 JUl 20 PH 4: 39
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ORIGINAL
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF LEVEL 3
COMMUNICATIONS, LLC'S PETITION
FOR ARBITRATION PURSUANT TO
SECTION 252(B) OF THE
COMMUNICATIONS ACT OF 1934, AS
AMENDED BY THE
TELECOMMUNICATIONS ACT OF 1996
AND THE APPLICABLE STATE LAWS FOR
RATE, TERMS, AND CONDITIONS OF
INTERCONNECTION WITH QWEST
CORPORATION
Case No. QWE-O5-
LEVEL 3 COMMUNICATIONS,
LLC'S SECOND SET OF
INTERROGATORIES, REQUESTS
FOR PRODUCTION OF
DOCUMENTS, AND REQUESTS
FOR ADMISSIONS TO QWEST
CORPORATION
Level 3 Communications, LLC ("Level 3 "), submits the following Second Set of
Interrogatories, Requests for Production of Documents, and Requests for Admissions
pursuant to the Idaho Public Utilities Commission, Rules of Practice & Procedure, 225
by and through its counsel of record:
DEFINITIONS AND INSTRUCTIONS
Each request pertains to documents, physical objects, and computer
recorded information in your knowledge, possession, custody, or control, or in the
knowledge, possession, custody, or control of your agents or representatives. Each
request is also a continuing request for information and documents, which come into your
control during the time in which this proceeding is pending.
LEVEL 3 COMMUNICATIONS, LLC'S SECOND SET OF Ir1TERROGATORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS TO QWEST CORPORATION -
With respect to any document responsive hereto which has been
destroyed, lost, or is no longer in your possession or subject to your control, you shall
submit a statement setting forth as to each, a description of the item, its disposition, the
date of disposition, and the names of all those with knowledge thereof.
The words "document" "memoranda
" "
work ers
" "
notes
correspondence
, "
item , and "record", include any physical object, written, printed
typed, recorded or graphic, however produced or reproduced, whether sent, received or
neither, including originals, copies and drafts, and including but not limited to:
correspondence, email, telecopier correspondence, messages, reports and recordings of
telephone or other conversations and of interviews and conferences, memoranda, notes
opinions, records, balance sheets, income statements, monthly statements, book entries
account letters, ledgers, journals, books or records of accounts, summaries of accounts
purchase or sales orders, invoices, vouchers, bills, receipts, checks stubs, cancelled
checks, drafts, leases, contracts, offers, desk calendars, appointment books, diaries
expense reports, summaries, transcripts, minutes, reports, affidavits, statements
questionnaires, answers to questionnaires, plans, specifications, lab books and notations
data notations, workpapers, confirmations, formula, studies, forecasts, projections
analyses, evaluations, statistical records, tabulations, calculations, charts, graphs, surveys
renderings, diagrams, photographs, recordings, films, video recordings, microfilms
papers, books, periodicals, pamphlets, newspaper articles or clippings, publications
schedules, lists, indexes, all other records or information kept by electronic
LEVEL 3 COMMUNICATIONS, LLC'S SECOND SET OF n,TERROGA TORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS T6'QWEST CORPORATION - 2
photographic, mechanical or other means, and any item similar to the foregoing, however
denominated, whether currently in existence or already destroyed.
As used herein, the words "Qwest " or "Company" refer to Qwest
Corporation, d/b/a Qwest Idaho and any predecessor, successor, or affiliated
corporations, its present and former directors, officers, agents, representatives
employees, attorneys, joint venture, strategic partner, and all other present or former
persons, corporations, companies, partnerships, organizations or other entities acting or
purporting to act on behalf of Qwest or in which Qwest has a superior financial interest.
The words "this state " or references to this "state " means Idaho.
These requests are directed to all documents and information in your
possession, custody or control. A document is deemed to be in your possession, custody
or control if you have possession of the document, have the right to secure such
document or communication from another person having possession thereof, or the
document or communication is reasonably available to you (including those documents
or communications in the custody or control of your company s present employees
attorneys, agents, or other persons acting on its behalf and its affiliates). In response to
requests for production of documents contained in these discovery requests, you shall
produce the documents, including all appendices, exhibits, schedules, and attachments
that are most relevant to the request.
If you are unable to produce a document or information based on a claim
that the document is not in your possession, custody or control, state the whereabouts of
such document or information when it was last in your possession, custody or control
and provide a detailed description of the reason the document is no longer in your
LEVEL 3 COMMUNICATIONS, LLC'S SECOND SET OF ~TERROGA TORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS T6' QWEST CORPORATION - 3
possession, custody or control, and the manner in which it was removed from your
possession, custody or control.
Qwest shall produce all responsive documents for inspection and copying
unaltered and/or unredacted as they are kept in the usual course of business and organize
and label them to correspond to the categories in this request. If the requested documents
are kept in an electronic format, you shall produce the requested document in such
format. If any part of a document is responsive to any request, the whole document is to
be produced. If there has been any alteration, modification or addition to a document
(whether in paper form or electronic), including any marginal notes, handwritten notes
underlining, date stamps, received stamps, attachments, distribution lists, drafts, revisions
or redlines, each such alteration, modification or addition is to be considered as a separate
document and it must be produced.
With respect to any responsive document to which Qwest asserts a claim
of privilege, you shall submit a list identifying each document. Identification shall
include the (1) date of the document, (2) the names, addresses and capacity of those who
have signed the document, (3) the names, addresses and capacity of those who
participated in its preparation, (4) the addressee or addressees, (5) the person or persons
by whom it was received, (6) the general subject matter thereof, (7) the present or last
known location and custodian of the original (or, if that is unavailable, the most legible
copy or duplicate thereof), (8) the names and addresses of those who have received a
copy of the document, and (9) the basis for your claim of privilege.
Please answer each question separately and in the order that it is asked.
Label each response to correspond to the interrogatory, request for production of
LEVEL 3 COMMUNICATIONS, LLC'S SECOND SET OF IWERROGA TORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS TO QWEST CORPORA nON -
documents and/ or request for admission. The numbers of the answers should correspond
to the numbers of the data requests being answered. In addition, copy each question
immediately before the answer. Following each answer, identify the person or persons
responsible for the answer and indicate what person or witness provided responsive
information or documents, and where applicable, what witness will sponsor each answer
in testimony.
In response to Interrogatories requesting you to identify documents or
other items, information or materials for disclosure, please identify the document( s) or
other item(s), information or material(s) in sufficient detail so that they can be produced
in response to a separate Request for Production. Such identification shall contain the
number (and subpart, if applicable) of the Interrogatory requesting the identification and
the page count or description of the document or item. Additionally, to the extent known
the listing shall include the author, publisher, title, date, and any "Bates" or other
sequential production numbering for the document or item. When responding to the
Request for Production, please produce copies of all documents, other items, information
or materials that were identified in response to a request or directive to "identify for
disclosure" in these Interrogatories. For each document or other item, please identify by
number (including subpart, if any) the interrogatory which caused the "identification for
disclosure. "
These discovery requests impose a continuing obligation on the
respondent to supplement an initial response with additional responsive information if
such information becomes available. Should there be a change in circumstances which
would modify or change an answer you have supplied, you should change or modify such
LEVEL 3 COMMUNICATIONS, LLC'S SECOND SET OF IlVERROGATORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS T6' QWEST CORPORATION - 5
answer and submit such changes, modifications, or additional information as a
supplement to the original answer. Further, should a subsequent version(s) of a
document be created or exist after the date of this discovery request, such version( s) must
be produced. Where prior versions or drafts of documents exist, please produce all such
documents in your possession, custody or control. In this regard, should additional
responsive information become available, advise Level 3 in writing, and provide a
supplemental response as soon as the material becomes available.
Questions or concerns regarding these discovery requests should be
directed to:
Dean J. Miller
McDevitt & Miller LLP
420 W. Bannock
Boise, ID 83702
Phone: [phone]
Fax: [phone]
E-mail: joe~mcdevitt-miller.com
Erik Cecil
Regulatory Counsel
Level 3 Communications, LLC
1025 EI Dorado Boulevard
Bloomfield, CO 80021-8869
Phone: [phone]
Fax: [phone]
E-mail: erik.cecil~leve13.com
Richard E. Thayer
Director, Interconnection Law & Policy
Level 3 Communications, LLC
1025 EI Dorado Boulevard
Bloomfield, CO 80021-8869
Phone: [phone]
Fax: [phone]
E-mail: rick.thayer~leve13.com
LEVEL 3 COMMUNICATIONS, LLC'S SECOND SET OF ~ERROGA TORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS TO QWEST CORPORATION - 6
INTERROGATORIES AND REQUESTS FOR
THE PRODUCTION OF DOCUMENTS
What features are provided with Feature Group D service?
Which of these features are necessary for local exchange traffic?
Is the PIC feature, that allows the selection of an IXC on interexchange traffic
originated by a Qwest customer, needed for the termination of interexchange
traffic?
If Level 3 has no PIC code, isn t it true that Qwest switches would not be required
to switch interexchange traffic to Level 3?
Please describe in exact detail the distinction that Qwest is making between a POI
that is physically located on Qwest's network and a POI that is located within a
Qwest central office.
What is the difference between a connection that is physically on the Qwest
network and a cross connection to the Qwest network.
Please provide a complete list of all tandems in the state and indicate which of
these switches have the following functions: local, intraLA T A toll, InterLA T A
toll, 800, operator services, other.
Please describe in detail why a Qwest switch that has both local and toll
functionality does not have the capability of routing and delivery of toll traffic.
If a tandem switch has connectivity to a given end office, is there any technical
reason why it can not connect either a local call or a toll call to any phone number
that is homed to that end office?
Please cite the authority whereby the FCC has limited interconnection facilities to
LEVEL 3 COMMUNICATIONS, LLC'S SECOND SET OF I1'fTERROGA TORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS TO QWEST CORPORATION - 7
DS 1 and DS3 facilities.
Does Qwest believe that it is more efficient for a CLEC to provision two networks
rather than one network for a given amount of traffic?
If accurate PLU/PIU factors are generated by each company, what would prevent
the companies from providing each other with accurate billing statements?
Should Level 3 be concerned where, geographically, Qwest's local customers are
physically located?
When a CLEC customer originates a locally dialed call, does Qwest expect the
CLEC to pass the call to Qwest at the POI, without charging Qwest? On that
same call, does Qwest expect the CLEC to pay transport and termination to
Qwest?
Is it Qwest' s position that the establishment of a single PO I per LA T A is not
allowed? If yes, please explain in detail.
REQUESTS FOR ADMISSIONS
Please admit that in the Qwest network, for local/EAS traffic originated by Qwest
customers and terminated to Qwest customers, it is true that:
a. a tandem switch may be used for completion of the call, and
b. the tandem that is used may not be physically located in the same
local/EAS area as the two end offices
If your response is anything less than an unqualified admission to the above
identify: a. each fact upon which you base your response; b. each person having
knowledge of those facts; and c. each document that supports your response.
LEVEL 3 COMMUNICATIONS, LLC'S SECOND SET OF IrgfERROGATORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS TO QWEST CORPORATION - 8
Please admit that for the completion of local calls, when a tandem switch is
needed for completion of the call, it does not matter from a technical point of
view where the tandem switch is geographically located? If your response is
anything less than an unqualified admission, identify: a. each fact upon which you
base your response; b. each person having knowledge of those facts; and c. each
document that supports your response.
Please admit that Level 3 has agreed to provision direct trunks when the 512 CCS
threshold has been exceeded? If your response is anything less than an
unqualified admission, identify: a. each fact upon which you base your response;
b. each person having knowledge of those facts; and c. each document that
supports your response.
Please admit the following: In a competitive market (as defined by Qwest) an
increase in Qwest's cost of providing service will not necessarily result in an
increase in Qwest retail consumer and/or business rates. If your response is
anything less than an unqualified admission, identify: a. each fact upon which you
base your response; b. each person having knowledge of those facts; and c. each
document that supports your response.
Please admit the following: Qwest has used billing factors for billing other
carriers for decades. If your response is anything less than an unqualified
admission, identify: a. each fact upon which you base your response; b. each
person having knowledge of those facts; and c. each document that supports your
response.
LEVEL 3 COMMUNICATIONS, LLC'S SECOND SET OF IMifERROGA TORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS T6 QWEST CORPORATION - 9
Please admit that when Qwest receives a locally dialed call from an Independent
Local Exchange Carrier end user customer, Qwest does not know the physical
location of the Independent Local Exchange Carrier end user customer. If your
response is anything less than an unqualified admission, identify: a. each fact
upon which you base your response; b. each person having knowledge of those
facts; and c. each document that supports your response.
Please admit that Qwest switches route calls based upon information contained in
the local exchange routing guide ("LERG") database. If your response is
anything less than an unqualified admission, identify: a. each fact upon which you
base your response; b. each person having knowledge of those facts; and c. each
document that supports your response.
Please admit that Qwest's circuit switches do not route calls based upon specific
addresses contained within the switches. If your response is anything less than an
unqualified admission, identify: a. each fact upon which you base your response;
b. each person having knowledge of those facts; and c. each document that
supports your response.
Please admit that when a customer of Qwest's One Voice Service purchase a
virtual number" as defined by Qwest that the physical location of the called and
calling parties does not determine the nature of compensation. If your response is
anything less than an unqualified admission, identify: a. each fact upon which you
base your response; b. each person having knowledge of those facts; and c. each
document that supports your response.
LEVEL 3 COMMUNICATIONS, LLC'S SECOND SET OF ImERROGA TORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS TO 'QWEST CORPORATION - 10
DATED thist\J day of July, 2005.
Respectfully submitted
McDEVITT & MILLER LLP
~\lL
Dean J. Miller
McDevitt & Miller LLP
420 W. Bannock
Boise, ID 83702
Phone: [phone]
Fax: [phone]
Counsel for Level 3
Communications, LLC
LEVEL 3 COMMUNICATIONS, LLC'S SECOND SET OF ~fERROGA TORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS TO QWEST CORPORATION - 11
CERTIFICATE OF SERVICE
I hereby certify that on the
&~y
of July, 2005, I caused to be served, via the
method(s) indicated below, true and correct copies of the foregoing document, upon:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
iiewell~puc.state.id. us
Mary S. Hobson
STOEL RIVES LLP
101 S Capitol Boulevard - Suite 1900
Boise, ID 83702-5958
Telephone: [phone]
Facsimile: [phone]
msho bson~stoel.com
Thomas M. Dethlefs
Senior Attorney
Qwest Services Corporation
1801 California Street - 10th Floor
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
Thomas. Dethlefs~qwest. com
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LEVEL 3 COMMUNICATIONS, LLC'S SECOND SET OF I~ERROGATORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS TOl)WEST CORPORATION - 12