20160405Ada County Subpoena.pdf

t^, \
TFt^/-T-o7- o /
JAN M. BENNETTS
ADA COUNTY PROSECUTING ATTORNEY
SHERRY A. MORGAN
Senior Deputy Prosecuting Attorney
JAMES K. DICKINSON
Senior Deputy Prosecuting Attorney
Civil Division
200 W. Front Street, Room 3191
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
Idaho State Bar Nos. 5296 and 2798
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COLINTY OF ADA
TRACFONE WIRELESS, INC.)
)) Case No. CV OC 1210005
)) SUBPOENA DUCES TECUM TO
) THE IDAHO PUBLIC UTILITIES
Plaintiff,
THE STATE OF IDAHO and the IDAHO ) COMMISSION PURSUANT TO
EMERGENCY COMMUNTCATTONS ) r.R.C.p. 4s(b)
COMMISSIONS,)
)
)
)
THE STATE OF IDAHO and the IDAHO )
EMERGENCY COMMT]NICATIONS
COMMISSIONS,
Defendant/C ounter-claimant,
vs.
TRACFONE WIRELESS, INC.
P I ainti ff/C ounter- d e fend ant.
SUBPOENA DUCES TECUM TO THE IDAHO PUBLIC UTILITIES COMMISSION
PURSUANT TO I.R.C.P. 45(b) - PAGE 1
g:\sam\tracfone\subpoenas - records\subpoena duces tecum - ipuc feb. 20l6.docx
Defendants.
i1
ADA COUNTY and THE BOARD OF ADA
COUNTY COMMISSIONERS,
Interveners/C ounter-cl aimants,
VS.
TRACFONE WIRELESS, INC.,
P I ainti ff/C ounter-defendant.
TTTE ADA COUNTY PROSECUTING ATTORNEY'S OFFICE SENDS GREETINGS TO:
THE IDAHO PUBLIC UTILITIES COMMISSION
472 W . WASHINGTON
BOISE, TD 83702
Ada County is a party in the above-captioned litigation between TracFone Wireless, Inc.,
the State of Idaho, the Idaho Emergency Communications Commission, and Idaho's other
counties. One of the issues remaining in the litigation is a determination of an accurate count of
access linesl provide by TracFone Wireless, Inc. ("TracFone") and/or America Movil, S.A.B. de
C.V. ("America Movil") and their associated brands, including, but not limited to, Straight Talk,
Simple Mobile, TracFone, NETl0 Wireless, Total Wireless, Safelink Wireless, Telcel Am6rica,
and Page Plus Cellular, in the state of Idaho between June l, 2009 andJanuary 1,2074.2
Ada County seeks information from the Idaho Public Utilities Commission because
TracFone and/or America Movil are required to make Idaho Telephone Service Assistance
Program ("ITSAP") payments to the IPUC's fund administrator for every telephone end user's
'For purposes of this Subpoena, "access line" is defined as any telephone line, trunk line, network access register,
dedicated radio signal, or equivalent that provides switched telecommunications access to a consolidated emergency
communications system from either a service address or a place of primary use within Idaho. In the case of wireless
technology, each active dedicated telephone number shall be considered a single access line. See Idaho Code $ 3 I -
4802( l ).2 For purposes of this Subpoena, the terms "TracFone" and "America Movil" include their associated brands as
described above.
SUBPOENA DUCES TECUM TO THE IDAHO PUBLIC UTILITIES COMMISSION
PURSUANT TO r.R.C.P. 45(b) - PAGE 2
g:\sam\tracfone\subpoenas - records\subpoena duces tecum - ipuc feb. 20l6.docx
$
business, residential and wireless access service it provides. See Idaho Code $ 56-904. The
amount of ITSAP funds TracFone has paid to the IPUC during the above noted time period,
along with other information available to and in the possession of the IPUC may be helpful in
determining the total number of access lines TracFone and/or America Movil provided in the
State of Idaho.
Ada County requests that you gather all information available to you, or in your
possession, which could in any way assist the parties in determining the number of access lines
TracFone and,/or America Movil (and their associated brands) provided to customers in the State
of Idaho from June l, 2009 through January l, 2014.
YOU ARE FURTHER NOTIFIED that if you fail to produce or permit copying or
inspection as specified above, you may be held in contempt of court and the aggrieved party may
recover from you the sum of one hundred dollars ($100) and all damages which the party may
sustain by your failure to comply with this Subpoena.
Ada County requests that the above information be delivered to 200 West Front Street,
Room 3191, Boise, Idaho 83702, on or before the 24th day of March, 2016, unless other
atrangements for such inspection are made. You should produce the requested items as they are
kept in the usual course of business, or you may organize and label the items to correspond to
this Subpoena.
requested, but
$150.00.
SUBPOENA DUCES TECUM TO THE IDAHO
PURSUANT TO r.R.C.P. 4s(b) - PAGE 3
g:\sam\tracfone\subpoenas - records\subpoena duces tecum - ipuc feb. 20l6.docx
Ada County will pay reasonable costs for producing or copying the items
please us in advance anticipated costs of production exceed
PUBLIC UTILITIES COMMISSION
\,
BY ORDER OF THE COURT.
DATED this t8 day of February,2016.
JAI\[ M. BEI\IIETTS
Ada County Prosecuting Attorney
Senior Deputy Prosecuting Attorney
Civil Division
SUBPOENA DUCES TECUM TO THE IDAHO PUBLIC UTILITIES COMMISSION
PURSUANT TO r.R.C.P. 4s(b) - PAGE 4
g:\sam\tracfone\subpoenas - records\subpocna duces tecum - ipuc fcb.20l6.docx
By:
lt{AR 0 2 20tfi
lood,{ YG3March 2,2015
The ldaho Public Utilities Commission
TracFone Wireless, Inc. v. State of ldoho, et al.
Case No. CV OC 1210005
Attached please find a Subpoena in the above case. An original Subpoena is also attached.
Please personallv serve The Idaho Public Utilities Commission, fill out the certificate of
service on the fifth page of the original Subpoena at time of service, and return the original
Subpoena to Candace Baker at the Ada County Prosecuting Attorney's Office, Civil
Division,200 West Front Street, Room3l9l, Boise, Idaho. Should you have any
questions, please feel free to contact Candace Baker (287-7718). Thank you!
Address:
The Idaho Public Utilities Commission
472W. Washington, Boise, Idaho 83702
)(
b,n^, ssi ()^ Sru.tc-"3