20070521AT&T to QWE 1-31.pdf

Molly O'Leary (ISB No. 4996)
RICHARDSON & O'LEARY PLLC
515 North 27th Street
O. Box 7218
Boise, Idaho 83707
Telephone: [phone]
Fax: [phone]
Mail: molly(g)richardsonandoleary.com
Theodore A. Li vingston
Dennis G. Friedman
MA YER, BROWN, ROWE & MAW LLP
71 South Wacker Drive
Chicago, IL 60606-4637
Telephone: [phone]
Fax: [phone]
Mail: dfriedman(g)maverbrown.com
Dan Foley
General Attorney & Assistant General Counsel
AT&T WEST
P. O. Box 1l0lO; 645 E. Plumb Lane, B132
Reno, Nevada 89520
Telephone: [phone]
Fax: [phone]
Mail: df6929(g)att.com
i;:ZJ fJ:;~~:
:' , ,, ,
" :' J ~.
:JiLl\!,
:' :
":0,
Attorneys for Complainant AT&T Communications of the Mountain States, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
AT &T COMMUNICATIONS OF THE MOUNTAIN )
STATES , INC.
Complainant
vs.
QWEST CORPORATION
Respondent.
CHDB0413380257,1 ll-May-0714:41
Case No. QWE-O6-
AT&T'S FIRST SET OF DATA
REQUESTS (REQUESTS TO
ADMIT, INTERROGATORIES, AND
PRODUCTION REQUESTS) TO
QWEST CORPORATION
AT &T Communications of the Mountain States, Inc. ("AT&T") respectfully request that
defendant Qwest Corporation ("Qwest ) provide objections within 14 days and written responses
and responsive documents to the following data requests within 28 days.
DEFINITIONS AND INSTRUCTIONS
You
, "
your , and "Qwest" refers to defendant Qwest Corporation to whom
these data requests directed and any entity or person affiliated with Qwest, including, without
limitation, the parents, predecessors, or successors of Qwest and its past and present employees
officers, directors, shareholders, agents, attorneys, accountants and other personnel and any
entity or person acting at the direction of or on behalf of Qwest. Items sought in these requests
shall include items within your possession, control or access or within that of your agents and
employees, attorneys, investigators (including investigators for your attorneys), and any other
person or entity directly or indirectly subject to your control in any way.
AT&T" refers to AT&T Communications of the Mountain States, Inc., including
any of its current or former partners, employees , officers or agents.
Eschelon" refers to Eschelon Telecom and any entity or person affiliated with
Eschelon, including, without limitation , the parents, predecessors , or successors of Eschelon and
its past and present employees, officers, directors, shareholders, agents, attorneys, accountants
and other personnel and any entity or person acting at the direction of or on behalf of Eschelon.
McLeod" refers to McLeodUSA Telecommunications Services, Inc. and any
entity or person affiliated with McLeod, including, without limitation, the parents, predecessors
or successors of McLeod and its past and present employees, officers , directors, shareholders
CHDB0413380257,1 11-May-0714:41
agents, attorneys, accountants and other personnel and any entity or person acting at the direction
of or on behalf of McLeod.
McLeodlEschelon Agreements" refers to the following agreements in effect
between Qwest and Eschelon and Qwest and McLeod during any part of the period from January
2000 through December 31 2002: the McLeodUSA Confidential Billing Settlement
Agreement dated April 28 2000 the McLeodUSA Confidential Letter Agreement regarding:
Escalation Procedures and Business Solutions dated October 26 2000 the oral agreement
between McLeod and Qwest to provide discounts to McLeod on all purchases made from Qwest
entered into on or about October 26 2000 and found to exist by the Minnesota Public Utilities
Commission in its Docket No. P-4211C-02-1973 (referred to herein as "McLeod Agreement III"
the Confidential/Trade Secret Stipulation Between Advanced Telecommunications, Inc. and U S
West Communications, Inc. dated February 28 2000 ; the Trial Agreement between Qwest and
Eschelon dated July 21 2000 ; the Qwest and Eschelon Confidential Agreement (escalation
procedures) dated November 15 2000 the Qwest and Eschelon Confidential Amendment to
Confidential/Trade Secret Stipulation dated November 15 20007 (referred to herein as "Eschelon
Agreement IV"); the Eschelon Confidential Qwest Letter Regarding Status of Switched Access
I Identified in the Administrative Law Judge
s Findings of Fact, Conclusions, Recommendation and Memorandum
in In the matter of the Complaint of the Minnesota Department of Commerce Against Qwest Corporation Regarding
Un filed Agreements Docket P-421/C-02-197 (Minn. Pub. Utils. Comm Sept. , 2002) ("Minnesota Decision at IjI 283.
2 Identified in
Minnesota AU Decision at IjI 292.
3 Identified in
Minnesota AU Decision at IjI 316.
4 Identified in
Minnesota AU Decision at IjI 37.
5 Identified in
Minnesota AU Decision at IjI 78.
6 Identified in
Minnesota AU Decision at IjI 89.
7 Identified in
Minnesota AU Decision at IjI 119.
CHDB0413380257,1 11-May-0714:41
Minute Reporting dated July 3, 2001 ; and the Eschelon Implementation Plan dated July 31
2000.
Complaint" refers to AT&T and TCG' s Complaint in this action or any amended
version thereof.
The term "document" includes all writings of any kind, whether in final or draft
form, all records stored by any electronic or mechanical means and capable of translation into
written form, and all visible images, including, but not limited to, letters, telegrams , memoranda
reports, studies, calendar or diary entries, maps , pamphlets, drafts, notes, charts , tabulations
analyses, statistical or informational accumulations, accounting records of any kind, records of
meetings and conversations of any kind, film impressions, photographs, videotapes , magnetic
tape, sound or mechanical reproductions, and copies of documents that are not identical
duplicates of the originals (e., because typed, handwritten, or "blind" notes appear on them or
are attached to them) whether or not the originals are in your possession, custody, or control.
Discount " as used herein, means (i) with respect to Eschelon, the discounts
credits, rebates, or payments that Qwest made to Eschelon pursuant to Eschelon Agreement IV;
and (ii) with respect to McLeod, the discounts, rebates, credits, or payments made pursuant to
what Qwest has called the "Preferred Vendor Plan" and provided under or in connection with
McLeod Agreement III.
MPUC Unfiled Agreements Case" shall refer to Minnesota Public Utilities
Commission Docket No. P-4211C-02-197 et ai.
8 Identified in
Minnesota AU Decision at IjI 151.
9 Identified in
Minnesota AU Decision at IjI 168.
CHDB0413380257,1 II-May-0714:41
lO.Communication " shall mean any inquiry, discussion, conversation , meeting,
negotiation, agreement, understanding, telephone conversation, letter, note , telegram, facsimile
message , electronic mail message, advertisement, or other oral or written exchange of
information of any kind whatsoever.
11.Relating to" shall mean consist of, refer to, reflect or have any legal , logical or
factual connection to the matter discussed.
12.The term "and" as well as "" shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of these requests information which might
otherwise be construed to be outside their scope.
13.The singular form of a word shall be interpreted as plural and the plural as
singular when doing so would result in the provision of additional information or more complete
answers, or would avoid ambiguity, inaccuracy or confusion. Under the same circumstances, the
masculine gender shall be deemed to include the feminine.
14.The term "identify" means:
With respect to persons:
(a)provide their full name;
(b)provide their mailing address;
(c)provide their residence address;
(d)provide their home telephone number;
(e)provide their occupation;
(f)provide their place of employment; and
CHDB04 13380257,1 11-May-0714:41
(g)
provide their work telephone number.
With respect to documents:
(a)provide a brief description of the nature and subject matter of the
document;
(b)provide the date of the document;
(c)provide the name(s) of the author(s) of the document; and
(d)provide the name(s) of the person in possession of the document.
15.If any of the information contained in the answers to these requests is not within
your personal knowledge, so state. The answers to these requests shall identify every person
document, and communication on which you rely for the information contained in answers not
based solely on your own personal knowledge.
16.If you cannot answer any portion of any of the following requests in full, after
exercising diligence to secure the information to do so, so state, and answer to the extent
possible, specifying your inability to answer the remainder and stating whatever information or
knowledge you have concerning the unanswered portions.
17.These requests shall be deemed to be continuing throughout the course of this
action. If at any time after service of your responses hereto and prior to final judgment in this
action, you obtain, generate or become aware of any additional information or document
pertaining to any of these requests, you shall promptly supplement your answers.
18.If you claim privilege as to any communication as to which information is
requested by these requests, or as to any answer requested by these requests, specify the privilege
CHDB0413380257,1 II-May-0714:41
claimed, the communication and/or answer as to which that claim is made, the topic discussed in
the communication , and the basis for your claim.
19.If you at any time had possession or control of a document called for under these
requests and if such document has been lost, destroyed, purged, or is not presently in your
possession or control , describe the document, the date of its loss, destruction, purge, or
separation from possession or control , the circumstances surrounding its loss, destruction, purge
or separation from possession or control, and if applicable, identify the name of the person who
currently has possession or control of the document.
20.Except as otherwise specifically stated, each request must be answered for the
time period from January 2000 to December 31 2002.
CHDB0413380257,1 II-May-0714:41
DATA REQUESTS
For each data request issued by AT&T in this case, identify the person or persons
responsible for the answer to the data request. Please include each person s name and title.
ReQuests to Admit
Referring to AT&T's data request number 24, please admit that each agreement
produced by Qwest in response to that request was created and kept by Qwest in the normal
course of business. See, e.Joint Statement of Undisputed Facts MPUC Unfiled Agreements
Case, at!j( 48.
Please admit or deny that the specific terms set forth in paragraph 2 of the
document referred to in paragraph 5 of the Definitions and Instructions as Eschelon Agreement
IV did not appear in any other Qwest interconnection agreement approved by the Idaho Public
Utilities Commission from January 2000 through March 2002.
Please admit or deny that the specific terms set forth in paragraph 3 of Eschelon
Agreement IV did not appear in any other Qwest interconnection agreement approved by the
Idaho Public Utilities Commission from January 1 2000 through March 1 2002.
Please admit or deny that the terms in paragraph 3 of Eschelon Agreement IV
including the discount to Eschelon, applied to all purchases made by Eschelon from Qwest
including but limited to switched access fees and Eschelon s purchase of interconnection UNEs
tariffed services, and other telecommunications services, while Eschelon Agreement IV was in
effect.
CHDB0413380257,1 11-May-0714:41
Please admit or deny that the agreement reflected in what is referred to as
McLeod Agreement III in paragraph 5 of the Definitions and Instructions above applied to
McLeod's purchase of unbundled network elements , switched access, wholesale long distance
and tariffed retail services while McLeod Agreement III was in effect.
Please admit or deny that, pursuant to Eschelon Agreement IV, Qwest agreed to
provide Eschelon with a discount of up to lO% on all of the aggregate billed charges for all
purchases made by Eschelon from Qwest from November 15 2000 through December 31 2005.
Please admit or deny that Qwest did not make the discounts provided to Eschelon
under Eschelon Agreement IV available to AT&T.
Please admit or deny that Qwest did not provide to AT&T the rates, terms, and
conditions included in Eschelon Agreement IV.
lO.Please admit or deny that, independent of any alleged disclosure made in the
MPUC Unfiled Agreements Case, Qwest never informed AT&T of the discounts provided to
Eschelon pursuant to Eschelon Agreement IV while that agreement was in effect.
11.Please admit or deny that McLeod Agreement III entitled McLeod to a discount
of from 6.5% to 10% on all purchases made from McLeod by Qwest, including for intrastate
access services, depending on the volume of purchases made by McLeod from Qwest over the
course of the year.
12.Please admit or deny that the rates, terms, and conditions provided to McLeod
pursuant to McLeod Agreement III were not made available to AT&T.
CHDB0413380257,1 I I-May-07 14:41
13.Please admit or deny that the discounts provided to McLeod pursuant to McLeod
Agreement III were not provided to AT&T.
14.Please admit or deny that, independent of any alleged disclosure in the MPUC
Unfiled Agreement Case, during the time McLeod Agreement III was in effect Qwest never
informed AT&T of the discounts provided to McLeod pursuant to that agreement.
Interr02atories
15.Please identify all services, products, and facilities purchased from Qwest by
Eschelon in Idaho during the period when Eschelon Agreement IV was in effect, including but
not limited to:
(a)unbundled network elements
(b)intrastate access services or facilities
(c)special access services or facilities
(d)other wholesale products, services, or facilities
(e)other retail services , products, or facilities
16.For each service, product, and facility identified in response to data request
number 15 , identify with specificity - by tariff number, page number(s), and section number(s) -
the rate or rates specified therefor at the time of the purchase by Eschelon in Qwest's relevant
intrastate tariff or tariffs or interconnection agreement with McLeod or Eschelon.
17.For each service, product, and facility identified in response to data request
number 15 , identify the rate or price paid by Eschelon, and specify the application of any
discount, rebate, or credit provided for those services, products, or facilities pursuant to the
Eschelon Agreement IV.
CHDB04 13380257,1 I I-May-07 14:41
18.Please identify all services , products, and facilities purchased from Qwest by
McLeod in Idaho during the period when McLeod Agreement III was in effect, including but not
limited to:
(a)unbundled network elements
(b)intrastate access services or facilities
(c)special access services or facilities
(d)other wholesale products , services, or facilities
(e)other retail services , products , or facilities
19.For each service, product, and facility identified in response to data request
number 18, identify with specificity - by tariff number, page number(s), and section number(s)-
the rate or rates specified therefor at the time of the purchase by McLeod in Qwest's relevant
intrastate tariff or tariffs or interconnection agreement with McLeod.
20.For each service, product, and facility identified in response to data request
number 18, identify the rate or price charged to and paid by McLeod, and specify the application
of any discount, rebate, or credit provided for those services, products, or facilities pursuant to
McLeod Agreement III.
21.If any McLeodlEschelon Agreement was terminated prior to its originally
intended expiration date, fully explain the reason for terminating the Agreement before that date.
22.Describe in detail any and all payments made by Qwest to Eschelon or McLeod
or by Eschelon or McLeod to Qwest, in connection with or in consideration for terminating any
of the McLeodlEschelon Agreements before their originally intended expiration date. Identify
each person with knowledge of such termination or the reason therefor.
CHDB04 13380257,1 II-May-07 14:41
23.Identify all persons with knowledge concerning (i) the purchase of intrastate
access services by Eschelon and McLeod during the period when each McLeodlEschelon
Agreement was in effect; (ii) the rates or prices paid by McLeod and Eschelon for such services
and/or facilities; (iii) the rates or prices for such services specified in the relevant intrastate tariff
or tariffs or interconnection agreement; and (iv) the rates or prices charged other carriers for such
services including the rates or prices charged AT&T for such services and/or facilities.
Document ReQuests
24.Please produce true and accurate executed copies of each of the
McLeodlEschelon Agreements identified in paragraph 5 of the Definitions and Instructions
above.
25.Please produce true and accurate copies of the documents admitted as Trial
Exhibits Nos. 200 , 226 400 and 4011 through 480J, inclusive in the MPUC Unfiled Agreements
Case. Alternatively, please agree that AT&T can (i) use the copies of such exhibits produced to
it in the MPUC Unfiled Agreements Case, to the extent they exist, and/or (ii) obtain copies of
said exhibits from the MPUC, and treat such documents as if they had been produced here.
26.Referring to data requests 15 and 18 above , please produce copies of the specific
tariff pages or other document(s) or agreement(s) (if applicable) that established the rates or
prices that applied to the services, circuits, or facilities purchased by Eschelon and McLeod from
Qwest in Idaho from January 2000 through March 2002. Alternatively, identify the tariff
pages with specificity or other documents or agreements (if applicable), if they are publicly
available, that established such rates.
CHDB0413380257,1 11-May-0714:41
27.Please produce copies of all files of the following persons regarding Eschelon
Agreement IV and/or McLeod Agreement III:
(a)Audrey McKenney
(b)Arturo Ibarra
(c)Greg Casey
(d)Judith Rixe
(e)Kathleen Lucero
(f)Anthony Idaho
28.Please produce all documents (such as accounting records or records of wire
transfers) reflecting payments to Qwest by Eschelon for services provided by Qwest in Idaho
during the period when Eschelon Agreement IV was in effect.
29.Please produce all documents (such as accounting records or records of wire
transfers) reflecting payments to Qwest by McLeod for services provided by Qwest in Idaho
during the period when McLeod Agreement III was in effect.
30.Please produce all documents reflecting the discounts that Qwest provided to
Eschelon in Idaho pursuant to Eschelon Agreement IV during the period when Eschelon
Agreement IV was in effect.
31.Please produce all documents reflecting the discounts that Qwest provided to
McLeod on services provided by Qwest in Idaho pursuant to McLeod Agreement III (or any
related "take or pay" agreements) during the period when McLeod Agreement III was in effect.
CHDB0413380257,I II-May-0714:41
Dated this 11th day of May, 2007 AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES , INC.
By Isl Theodore A. Livingston
Theodore A. Livingston
Dennis G. Friedman
MAYER, BROWN, ROWE & MAW LLP
71 South Wacker Drive
Chicago, IL 60606-4637
Telephone: [phone]
Fax: [phone]
Mail: dfriedman(g)maverbrown.com
Dan Foley
General Attorney & Assistant General
Counsel
AT&T WEST
P. O. Box 1 !OW; 645 E. Plumb Lane, B132
Reno, Nevada 89520
Telephone: [phone]
Fax: [phone]
Mail: df6929(g)att.com
Molly O'Leary
Richardson & O'Leary
Attorneys for AT&T COMMUNICATIONS OF THE MOUNTAIN STATES , INc.
CHDB0413380257,1 I-May-07 14:41
CERTIFICA TE OF SERVICE
I HEREBY CERTIFY that on the llth day of May, 2007, a true and correct copy of thewithin and foregoing AT&T's FIRST SET OF DATA REQUESTS TO QWEST
CORPORATION was served on parties as indicated below:
Ms. Jean Jewel - Hand Deli very
Commission Secretary US. M ail , postage pre-paid
Idaho Public Utilities Commission Facsimile
POBox 83720 Electronic Mail
Boise, ID 83720-0074
Mary S. Hobson - Hand Deli very
999 Main, Suite 1103 US. M ail , postage pre-paidBoise, ID 83702 Facsimile
E-mail: mary.hobson(g)qwest.com Electronic Mail
Overnight Mail
Douglas RM. Nazarian - Hand Deli very
Hogan & Hartson US. M ail, postage pre-paid
111 South Calvert St.Facsimile
Baltimore, MD 21202 Electronic Mail
E-mail: dnnnazmian(g)hhlaw.com X- Overnight Mail
/sl J. Tyson Covey
J. Tyson Covey
CHDB0413380257,1 1 I-May-07 14:41