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HomeMy WebLinkAbout20070612QWE to ATT 1-31.pdf, , Mary S. Hobson Attorney & Counselor 999 Main, Suite 1103 Boise, ID 83702 208-385-8666 ";' , i) ')' L r j, '." (, '-, , .1 IC - i' I ' ', ., '- - ;(, ;i" 1 3~! June 12 , 2007 VIA HAND DELIVERY Jean D. Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Boise, ID 83702-5983 RE:Docket No. QWE-O6- Dear Ms. Jewell: Enclosed for filing with this Commission is a copy of QWEST'S RESPONSES TO AT&T'S FIRST SET OF DATA REQUESTS in the above referenced matter. All confidential information being provided in response to these requests is being with an attorney s certificate under separate cover. If you have any questions, please contact me. Thank you for your cooperation in this matter. Very truly yours ;;iL Enclosurescc: Service List Mary S. Hobson (ISB. No. 2142) 999 Main, Suite 1103 Boise, ID 83702 Tel: 208-385-8666 mary .ho bson(illqwest. com .' i, . .! '! ,) ;:,'" ' " r, , ,.;.. I II .. :. L., (.. , I , :,. ' !'...... - J I - i ~ -' ',; ;;, I:;:::J! Douglas R. M. Nazarian Hogan & Hartson 111 South Calvert Street Baltimore, MD 21202 Tel: (410) 659-2700 drmnazarian~hhlaw .com Attorneys for Qwest Corporation BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION AT&T COMMUNICATIONS OF THE MOUNTAIN STATES, INC. Complainant,Case No. QWE-O6- QWEST CORPORATION Respondent. QWEST'S RESPONSES TO AT&T'S FIRST SET OF DATA REQUESTS Qwest Corporation ("Qwest") hereby attaches its responses to the First Set of Data Requests (Requests to Admit, Interrogatories, and Production Requests) filed by AT&T Communications ofthe Mountain States, Inc. ("AT&T" ). Those responses that call for information that Qwest considers confidential will be provided, under separate cover once the parties enter an appropriate protective agreement. A proposed protective agreement has been provided by Qwest to AT&T. Qwest's Response to AT&T's First Data Requests page 1 Pursuant to this Commission s Order No. 30319, service of these responses is being made through electronic mail except where attachments are voluminous. Such attachments are being provided in the form of a compact disc. Confidential information will also be provided on compact disc. DATED this 12th day of June, 2007. Attorney for Qwest Corporation Qwest's Response to AT&T's First Data Requests page 2 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing Responses to AT&T' First Set of Data Requests was served on the 12th day of June, 2007 on the following: Jean D. Jewell Hand DeliveryIdaho Public Utilities Commission U. S. Mail472 West Washington Street Overnight DeliveryO. Box 83720 Facsimile Boise, ID 83702 Email Telephone (208) 334-0300 i i ewell(2VPuc. state.id. us Molly O'Leary Richardson & O'Leary 515 North 27th Street O. Box 7218 Boise, Idaho 83707 moll y(illri chardsonando leary. com ---1L Theodore A. Livingston Dennis G. Friedman Mayer, Brown, Rowe & Maw LLP 71 South Wacker Drive Chicago, IL 60606-4637 dfri edman(illma yerbro wn. com ---1L Dan Foley General Attorney & Assistant General Counsel AT&T West ---X O. Box 11010 Reno, Nevada df6929(illattcom --X Don Howell Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, ID 83702 Don.H owell(illpuc. idaho. gov Hand Delivery (attachments) U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery (attachments) Facsimile Email Hand Delivery U. S. Mail Overnight Delivery( attachments) Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Mary S. Hobson Attorney for Qwest Corporation Qwest's Response to AT&T's First Data Requests page 3 Idaho , , " Case No. QWE-06-11, ,,:; c AT&T 01-001 0 i , , ,:- i~' ' I! I " "':. '.', _. !l, ~:; 1",1;::, INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:001 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. RESPONSE: The requested information is included on each Qwest response. Respondent:Legal Idaho Case No. QWE-06- AT&T 01-002A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:002A 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. g., Joint Statement of Undisputed Facts, MPUC Unfiled Agreements Case, at ~ 48. RESPONSE: Qwest admits that each agreement produced in response to AT&T's data request number 24 was created and kept by Qwest in the normal course ofbusiness. Qwest denies that ~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-421jC-02-197" was entered by Qwest and McLeod and kept by Qwest. Respondent: Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-003A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:003A 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 1 , 2000 through March 1 , 2002. RESPONSE: Admitted. Respondent:Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-004A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:004A 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 , 2000 through March 1, 2002. RESPONSE: Admitted. Respondent:Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-005A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:005A 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. RESPONSE: Denied. Because Eschelon made no purchases from Qwest in or for Idaho customers during the relevant time period, the terms and conditions of Eschelon Agreement IV did not apply to any services purchased by Eschelon from Qwest in or for customers in the State of Idaho. Re sponden t :Larry Brotherson , Sr. Staff Witnessing Rep. Idaho Case No. QWE-06-AT&T 01-006A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:006A 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. RESPONSE: Denied. Qwest denies that it entered into the agreement referred to as McLeod Agreement III in paragraph 5 of the Definitions and Instructions. Respondent:Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-007A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:007A Please admit or deny that, pursuant to Eschelon Agreement IV, Qwest agreed to provide Eschelon with a discount of up to 10% on all of the aggregate billed charges for all purchases made by Eschelon from Qwest from November 15, 2000 through December 31 , 2005. RESPONSE: Qwest denies that it agreed in Eschelon Agreement IV to provide Eschelon with a discount of up to 10% on all of the aggregate billed charges for all purchases made by Eschelon from Qwest from November 15, 2000 through December 31 , 2005. Qwest states that Eschelon Agreement IV was part of a series of agreements that Qwest and Eschelon entered on or about November 15, 2000 that collectively defined the terms and conditions of theparties' business relationship and that do not separately or individually encompass the parties ' agreements. Qwest states further that the series of agreements Qwest and Eschelon entered on or about November 15, 2000 was terminated as of March 1, 2002 by a superseding agreement that Qwest produces, and incorporates here by reference, as part of its response tothis Request. See Qwest I s response to AT&T 01-022, Attachment A. Respondent: Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-008A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:008A Please admit or deny that Qwest did not make the discounts provided to Eschelon under Eschelon Agreement IV available to AT&T. RESPONSE: Qwest denies that it entered into a "discount" agreement with Eschelon, and therefore denies that there was any discount that could have or should have been provided or made available to AT&T. Respondent: Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-009A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:009A Please admit or deny that Qwest did not provide to AT&T the rates, terms, and conditions included in Eschelon Agreement IV. RESPONSE: Qwest denies that Escehelon Agreement IV applied to the rates Qwest charged to customers for products or services in the State of Idaho. Qwest denies that it entered into a "discount" agreement with Eschelon, and therefore denies that there was any discount that could have or should have been provided or made available to AT&T. Respondent:Larry Brotherson , Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-010A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:010A 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. RESPONSE: Qwest denies the characterization of the transactions with Eschelon in this request for admission and therefore denies this statement. Respondent: Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-011A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:011A 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. RESPONSE: Qwest denies that McLeod Agreement III , as defined in Definition No. was formed by Qwest and McLeod and that McLeod Agreement III entitled McLeod to a discount of from 6.5% to 10% on all purchases made from McLeod by Qwest in Idaho, including for intrastate access services, depending on the volume of purchases made by McLeod from Qwest over the course of the year. Qwest states further that it entered into a series of agreements with McLeod on or about October 26, 2000 that collectively defined the terms and conditions of the parties ' business relationship and that do not separately or individually encompass the parties ' agreements. Respondent:Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-012A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:012A 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. RESPONSE: Qwest denies that the agreement referred to as McLeod Agreement III in paragraph 5 of the Definitions and Instructions, if it existed, would have applied to the rates Qwest charged to customers for products or servicesin the State of Idaho. Qwest denies the remainder of Request 12 and incorporates here by reference its response to Request Respondent:Larry Brotherson , Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-013A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:O13A Please admit or deny that the discounts provided to McLeod pursuant to McLeod Agreement III were not provided to AT&T. RESPONSE: Qwest restates and incorporates here its response to Request 11, above. Respondent: Larry Brotherson , Sr. Staff Witnessing Rep. Idaho Case No. QWE-06-AT&T 01-014A INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:014A 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. RESPONSE: Qwest restates and incorporates here its response to Request 11, above. Respondent:Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-0151 INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:0151 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) (b) unbundled network elements intrastate access services or facilities (c) (d) special access services or facilities other wholesale products, services, or facilities (e)other retail services, products, or facilities RESPONSE: Not applicable.See Qwest I s response to Request No.5, above. Idaho Case No. QWE-06- AT&T 01-0161 INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:0161 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. RESPONSE: Not applicable.See Qwest' s response to Request No.5, above. Idaho Case No. QWE-06- AT&T 01-0171 INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:0171 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. RESPONSE: Not applicable.See Qwest I s response to Request No.5, above. Re sponden t :Larry Brotherson, Sr. Staff Witnessing Rep. and Legal Idaho Case No. QWE-06- AT&T 01-0181 INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:0181 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) (b) unbundled network elements intrastate access services or facilities (c)special access services or facilities (d) (e) other wholesale products, services, or facilities other retail services, products, or facilities RESPONSE: Qwest is in the process of gathering the requested data and will provide it no later than June 15, 2007. Respondent: Arturo Ibarra, Lead Finance/Business Analyst and Susan Hutchins, Lead Process Analyst Idaho Case No. QWE-06- AT&T 01-0191 INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:0191 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. RESPONSE: During the relevant period, all products and services, other than basic local exchange service, were offered in southern Idaho by Qwest and its predecessor in interest by catalog and price lists. See Attachments A, Band C for the archived catalogs and price lists applicable to this request. Qwest tariffs for all products and services offered in its northern Idaho service territory and Qwest tariffs relating to basic local exchange service in southern Idaho are available on file at the Idaho Public Utilities Commission. Respondent:Legal Idaho Case No. QWE-06- AT&T 01-0201 INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:0201 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 McLeodAgreement III. RESPONSE: Qwest is in the process of gathering the requested data and will provide it no later than June 15, 2007. Respondent: Arturo Ibarra, Lead Finance/Business Analyst and Susan Hutchins, Lead Process Analyst Idaho Case No. QWE-06-AT&T 01-0211 INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:0211 If any McLeod/Eschelon Agreement was terminated prior to its originally intended expiration date, fully explain the reason for terminating the Agreement before that date. RESPONSE: Qwest objects that this request is vague, overly broad, and unduly burdensome. Without waiving this objection , Qwest states as follows: Many of the McLeod and Eschelon agreements themselves or provisions within the agreements terminated early. The reasons for early termination include that an agreement or separate provisions within the agreement were superseded or terminated pursuant to agreements between the parties or commission orders. Another reason may be that some obligations terminated by virtue of the expiration of conditions underlying the obligation. For example, a number of the Eschelon agreements were terminated as of March 1 , 2002, pursuant to an agreement between the parties of that date. As another example, a provision in the ATI (Eschelon) agreement relating to reciprocal compensation was superseded by an interconnection agreement amendment providing for bill and keep. Specific instances of early termination can be provided upon specific request. Respondent:Larry Brotherson , Sr. Staff Witnessing Rep. Idaho Case No. QWE-06-AT&T 01-0221 INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:0221 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 McLeod/Eschelon Agreements beforetheir originally intended expiration date. Identify each person with knowledge of such termination or the reason therefor. RESPONSE: Qwest objects to this Request on the grounds that the terms " in connection with" and "in consideration for" are vague. Subject to and without waiving the foregoing or any other objection, Qwest states that the terms of its agreements with Eschelon and McLeod to terminate any agreements prior to their original expiration dates are set forth in documents that speak for themselves and are attached as Attachments A, Band The Qwest employees that participated in negotiations with Eschelon for the referenced agreement are: Dana Filip (Crandell) Gordon Martin Rich Corbetta Jim Gallegos The Qwest employees that participated in negotiations with McLeod for thereferenced agreement are: Pat Engels Audrey McKenney Rich Corbetta Roy Hoffinger Respondent:Legal and Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06-AT&T 01-0231 INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:0231 Identify all persons with knowledge concerning (i) the purchase of intrastate access services by Eschelon and McLeod during the period when each McLeod/Eschelon 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. RESPONSE: Mary Dobesh - McLeod Service Manager Nancy Batz - McLeod Access Manager Rita Urevig - Eschelon Service Manager Laura Stolper - Access Manager The 2nd level service manager is Jodi Saldivar and the 2nd level access manager is Linda Downey. Respondent:Mark Holling, Product Manager Idaho Case No. QWE-06- AT&T 01-024DR INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:024DR Please produce true and accurate executed copies of each of the McLeod/Eschelon Agreements identified in paragraph 5 of the Definitions and Instructions above. RESPONSE: See Attachments A-H. Note that there is no corresponding document that corresponds to the alleged oral agreement" herein refered to as "McLeod Agreement III" Re sponden t :Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06-AT&T 01-025DR INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:025DR Please produce true and accurate copies of the documents admitted as Trial Exhibits Nos. 200,226,400 and 401J through 480J, inclusive in the MPUCUnfiled 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 beenproduced here. RESPONSE: Qwest responds 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. Respondent:Larry Brotherson , Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-026DR INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:026DR 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 1, 2000 through March 1, 2002. Alternatively, identify the tariff pages with specificity or other documents or agreements (if applicable), if they are publicly available, that established such rates. RESPONSE: See Attachment A (McLeod Interconnection Agreement, including Amendments) andAttachment B (Eschelon Interconnection Agreement, including Amendments) During the relevant period, all products and services, other than basic local exchange service, were offered in southern Idaho by Qwest and its predecessor in interest by catalog and price lists. Qwest will supplement this response with the archived catalogs and price lists applicable to this request, as soon as they are available. Qwest tariffs for all products and services offered in its northern Idaho service territory and Qwest tariffs relating to basic local exchange service in southern Idaho are available on file at the Idaho Public Utilities Commission. Respondent:Legal and Larry Brotherson , Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-027DR INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:027DR 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)Judi th Rixe (e)Kathleen Lucero (f)Anthony Idaho RESPONSE: Qwest obj ects to the characterizations of Eschelon Agreement IV and McLeod Agreement III and incorporates here by reference its responses to Requests8 and 13, above. Subj ect to and without waiving the foregoing, see Confidential Attachments A, B , C and D , and Non-Confidential Attachment E which are being provided on CD. Respondent: Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-028DR INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:028DR 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. RESPONSE: Qwest objects to the characterization of Eschelon Agreement IV and incorporates here by reference its responses to Request 8, above. Qwest further denies that Qwest provided any discounts to Eschelon in Idaho pursuant to Eschelon Agreement IV. Subj ect to and without waiving the foregoing, See Qwest's response to AT&T 01-027 in this docket. Respondent: Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06-AT&T 01-029DR INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:029DR 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. RESPONSE: Qwest objects to the characterization of McLeod Agreement III and incorporates here by reference its responses to Request 6, above. Qwest further denies that Qwest provided any discounts to McLeod in Idaho pursuant to McLeod Agreement III. Subject to and without waiving the foregoing, See Qwest's response to AT&T 01-027 in this docket. Respondent: Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-030DR INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:030DR 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. RESPONSE: Qwest objects to the characterization of Eschelon Agreement IV and incorporates here by reference its responses to Request 8, above. Qwestfurther denies that Qwest provided any discounts to Eschelon in Idaho pursuant to Eschelon Agreement IV. Subj ect to and without waiving the foregoing, Qwest is producing copies of all such documents as produced in the Minnesota PUC Unfiled Agreements Docket. See Qwest I s response to AT&T01-027S1 in this docket. Respondent: Larry Brotherson, Sr. Staff Witnessing Rep. Idaho Case No. QWE-06- AT&T 01-031DR INTERVENOR:AT&T Communications of the Mountain States, Inc. REQUEST NO:031DR 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. RESPONSE: Qwest objects to the characterization of McLeod Agreement III and incorporates here by reference its responses to Requests 13, above. Qwest further denies that Qwest provided any discounts to McLeod in Idaho pursuant to McLeod Agreement III. Subject to and without waiving the foregoing, Qwest is producing copies of all such documents as produced in the Minnesota PUC Unfiled Agreements Docket. See Qwest I s response to AT&T 01-027S1 in this docket. Respondent: Larry Brotherson, Sr. Staff Witnessing Rep.