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HomeMy WebLinkAboutUSW318A.docx 1 BOISE, IDAHO, TUESDAY, MARCH 18, 1997, 1:15 P. M. 2 3 4 COMMISSIONER SMITH: Let's go back on the 5 record. Ms. Hobson. 6 MS. HOBSON: Thank you. 7 8 BILL EASTLAKE, 9 produced as a witness at the instance of the Staff, 10 having been previously duly sworn, resumed the stand and 11 was further examined and testified as follows: 12 13 CROSS-EXAMINATION 14 15 BY MS. HOBSON: (Continued) 16 Q Mr. Eastlake, I'd like you to take a look 17 at page 12 of your direct testimony. 18 A I have it. 19 Q It's your position, is it not, that 20 regulation provides a legal right to coverage of 21 prudently-incurred costs, is it not? 22 A I agree to that, yes. 23 Q And I wanted to talk with you for just a 24 minute about prudently-incurred costs. You had the 25 opportunity, did you not, to provide testimony in a case 2251 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 which partially related to the prudency of certain 2 investments U S WEST planned to make? And I'm referring 3 to USW-95-1, also known as the 1994 revenue sharing 4 case. 5 A My 95's gets confused. I believe that's 6 the correct revenue sharing case. 7 MS. HOBSON: May I approach the witness? 8 COMMISSIONER SMITH: Yes. 9 (Ms. Hobson approached the witness.) 10 Q BY MS. HOBSON: Well, I'm about to hand you 11 a copy of the Order USW-S-95-1, so if I said 94, I meant 12 95. 13 A My name is there, so I must have been part 14 of it. I get confused on the relationship between the 15 case number and the revenue sharing year. 16 Q It was the '94 year and the case was in '95 17 and one of the issues in that case, was it not, was 18 whether or not U S WEST should be permitted to use 19 revenue sharing funds or partial revenue sharing funds to 20 replace certain analog switches in its southern Idaho 21 territory with digital switches? 22 A That's correct. 23 Q Do you remember that? 24 A I do. 25 Q I wonder if you would take a look at page 7 2252 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 of Order No. 26434 which is the Order in that case and 2 look at the indented paragraph on the bottom of that page 3 and review it silently to yourself for a minute. 4 MS. HAMLIN: Madam Chairman, if I may ask 5 for Counsel to provide me with a copy, too. 6 Q BY MS. HOBSON: Have you had an opportunity 7 to review that? Did the Commission in its Order 8 accurately capture your position with regard to the 9 switch replacement in that case in this Order? 10 A I believe so. 11 Q So would you read the indented paragraph 12 referring -- well, just read the indented paragraph. 13 A "U S WEST also argues that Staff witness 14 Eastlake recognized that the switch proposal would 15 provide benefits to Title 61 customers. The Company 16 states that Mr. Eastlake admitted that he did not take 17 issue with the prudency of the investment and further 18 admitted that the expensing of the switch replacements 19 benefited Title 61 rates. Mr. Eastlake's only 20 reservation was concerning whether Title 61 customers 21 would see a larger benefit from a direct credit, but he 22 had not made a calculation demonstrating the impact on 23 Staff's credit proposal of diverting 1.25 million to the 24 switch replacement proposal. Mr. Eastlake's testimony on 25 this point concluded with his concession that in addition 2253 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 to the rate base benefits to Title 61 customers, they 2 also benefited from higher quality switching and new 3 services." 4 Q Thank you, Mr. Eastlake, and in your 5 reading, you have omitted, have you not, repeated cites 6 to the transcripts of the testimony in that case? 7 A Yes. 8 Q And I'm sure it reads a lot better without 9 that, but just so the record is clear there were 10 transcript citations? 11 A There were transcript citations, yes. 12 Q Now, under the Staff's advocacy in this 13 case, any digital switch replacement that was not 14 included in the original Tech Plus program would be 15 disallowed as being part of Title 61 expenses in this 16 case; isn't that true? 17 MS. HAMLIN: Object to that question, 18 Madam Chairman. That is beyond the scope of his 19 testimony. 20 COMMISSIONER SMITH: Ms. Hobson. 21 MS. HOBSON: Madam Chair, it's a very 22 generic question about the overall position the Staff is 23 taking on allocation issues. Mr. Eastlake repeatedly 24 throughout his testimony testifies as to what he believes 25 are appropriate allocations, that the U S WEST 2254 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 allocations are inappropriate, Staff allocations are 2 appropriate. It goes back to the subject of subsidy and 3 so on. I'm not delving into an in-depth analysis, only 4 the overall question of whether the Staff is recommending 5 that no digital switching expense be included. 6 COMMISSIONER SMITH: Ms. Hamlin. 7 MS. HAMLIN: I would remind the Commission 8 that tomorrow we do have our allocation expert before the 9 Commission and Mr. Eastlake's testimony does not address 10 allocations. 11 COMMISSIONER SMITH: Well, it certainly 12 does address subsidies and to the extent that the 13 questions are the general overview and the witness' 14 understanding, to the extent he knows, he can answer. 15 THE WITNESS: Would you rephrase the 16 question? 17 Q BY MS. HOBSON: I merely asked that under 18 the Staff's advocacy in this case, any digital switch 19 replacement that was not included in the original Tech 20 Plus program is not to be included in Title 61 expense? 21 A I can tell you honestly I'm not sure 22 whether that is the advocacy that Staff has made. 23 Q Assume for me that that is the Staff 24 advocacy in this case. Do you have that hypothetical 25 assumption in mind? 2255 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 A Yes. 2 Q If that were the Staff's position, wouldn't 3 that mean that a cost that you yourself have called 4 prudent and that U S WEST has a legal right to recover is 5 being disallowed under that hypothetical assumption of 6 the Staff's advocacy? 7 MS. HAMLIN: Madam Chairman, I'll object 8 again. First, this is facts not in the record and 9 second, it's beyond the scope of his testimony. 10 COMMISSIONER SMITH: I'm going to overrule 11 the question. It's been asked based on this hypothetical 12 and his past testimony to answer this question and I 13 think it's a fair question. 14 THE WITNESS: My understanding of what I 15 testified in that case was that it was a completely 16 non-technical judgment. I was not being asked to make a 17 specific cost allocation and I suspect that had I been 18 asked to make such, my answer might not have been 19 identical. I was asked a sort of generic question about 20 whether there was some benefit to Title 61 customers from 21 these switches and the answer was a simple yes. 22 Q BY MS. HOBSON: And you also testified, did 23 you not, that you did not take issue with the prudency of 24 those investments? 25 A No, but I think the answer to that is the 2256 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 same as was given previously. 2 Q Within the context of that case, you didn't 3 take issue with the prudency of replacing analog 4 switching with digital switching? 5 A I did not. As I recall, my testimony in 6 that case did point out that I thought that the existing 7 switches were perfectly adequate for providing Title 61 8 services and I did that, well, as part of the same case. 9 Q In addition, you also concluded that there 10 were Title 61 benefits and that the investment was not 11 imprudent; isn't that true? 12 A I did make that assertion. That was not a 13 formal cost allocation analysis. 14 Q I'm not suggesting that it was. Would you 15 please turn back to page 6 of your testimony? 16 A Page 6? 17 Q Uh-huh. 18 A Yes. 19 Q And would you read your testimony beginning 20 on line 16 and concluding on line 21, "The Company is 21 not..."? 22 A "The Company is not approaching the current 23 reform of the telecommunication market offering some sort 24 of quid pro quo, indicating a willingness to give up some 25 small portion of its return on regulated services as the 2257 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 price of entry into the competitive markets it has always 2 sought to enter." 3 Q Mr. Eastlake, isn't that statement 4 inconsistent with your other statement that regulation 5 provides a legal right to coverage of prudently-incurred 6 costs, the suggestion that the Company should be allowed 7 or be required to give up something? 8 A I think it's a much too literal 9 interpretation to call that an inconsistency. I don't 10 think -- I was not suggesting that the Company's legal 11 right to a return on its prudent 61 investments was in 12 question here. I was merely suggesting, as I pointed out 13 in, again, in an answer to an interrogatory which is not 14 on the record yet, that ordinary businesses often make 15 such decisions that they're willing to take a little less 16 in one market so they can get into another market which 17 they find more profitable and that's the only suggestion 18 I was trying to make, no conclusion about withdrawing 19 your legal right to a return on 61 services. 20 Q So it's not your position that the Company 21 should be required to give up something to which it has a 22 legal right? 23 A I did not mean to assert a formal 24 requirement, no. 25 Q Okay. I believe that the data response 2258 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 that you may be speaking of is No. 60 in the U S WEST 2 second production request. 3 A That is the one to which I'm referring. 4 Q Do you have that handy? 5 A I have it. 6 Q Am I correctly excerpting that answer with 7 a quotation, "It could be a sound business decision for a 8 company to accept lower returns in one phase of its 9 business in order to develop higher returns in a new and 10 expanding phase of the business"; is that a correct 11 quotation of your answer? 12 A That is. 13 Q Now, this case that we're currently engaged 14 in is not about establishing returns for Title 62 15 operations, is it, Mr. Eastlake? 16 A No, it is not. 17 Q Is it your position that U S WEST should be 18 granted a lower rate of return in its Title 61 operations 19 in exchange for its Title 62 pricing freedoms? 20 A No, it is not. I said that in the last 21 question. 22 Q Okay, would you please look at page 17 of 23 your direct testimony? 24 A I have it. 25 Q At line 19, you make the statement that one 2259 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 of the reasons that U S WEST wants to raise its residence 2 rates is to "hinder competition by making resale more 3 expensive to potential competitors." Is that your 4 testimony? 5 A Yes, it is. 6 Q Now, I want you to assume with me for a 7 moment hypothetically that if U S WEST currently sells 8 its retail local service below cost, specifically its 9 residence service below cost, that's a hypothetical 10 assumption, then wouldn't it be appropriate for the 11 Company to attempt to seek a price increase prior to 12 having to sell a below cost service at a further 13 discount? 14 A Given the proviso that I don't accept your 15 hypothetical, yes. 16 Q Given that the resale rate will be 17 discounted below the retail rate, how does the relative 18 level of the retail rate have any relevance to whether 19 competition is hindered or enhanced? 20 A Well, what this was meant to say initially 21 was that higher rates make it more expensive for 22 resellers, people who would have to purchase that service 23 from U S WEST. 24 Q It's simply a cash flow issue, isn't it? 25 A Well, yes. 2260 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 Q I'd like you to look at your surrebuttal 2 testimony now at page 9. 3 A I have it. 4 Q At line 4 on page 9, you make the 5 statement, "Second, determining what is a `reasonable' 6 rate should not be prejudiced by looking at a single 7 number." Can you tell us what the single number is that 8 you were referring to in that testimony? 9 A I was referring to the consumer price index 10 or the 1FR rate escalated 37 years by the consumer price 11 index that was cited by Ms. Wright or Ms. Owen. I'm not 12 sure which one. 13 Q I don't want to argue with you, but would 14 you go back and read your testimony on page 8 up to and 15 then coming over on page 9 just prior to that sentence 16 and think about my question which was what is the single 17 number that you were referring to? 18 A Okay, I misstated in the previous answer. 19 That is not the reference. Yeah, this was a reference to 20 a calculation using my rate design guidelines and the 21 Staff's revenue requirement to generate a rate and that's 22 the single number, that 6.50 calculation that was done by 23 the Company and was essentially correct given the numbers 24 that were there. Now, the question is? 25 Q Okay. Well, is it your position that one 2261 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 should not determine the reasonableness of a cost 2 allocation proposal by looking at the rates which follow 3 from it? 4 A That is, yeah, that is my advocacy, that 5 6.50 could be right. 6 Q And so could 25? 7 A Yes, I would agree with you. 8 Q Okay, look then to the subject on page 9 9 that you started to earlier address which is the use of 10 the CPI. 11 A Yes. 12 Q And on line 16, you begin a sentence there 13 which states, "A service itself often changes 14 qualitatively and substitutes come into being so people 15 no longer buy exactly the same product." That's your 16 testimony, isn't it? 17 A I know I said that. I can't find it here. 18 Q Page 9, line 16. 19 A Oh, okay, yes. 20 Q Now, this qualitative change has occurred 21 over the last several years in telephone service, hasn't 22 it, you know, over the 37-year period that we seem to be 23 discussing for the CPI? 24 A There has been large qualitative change. 25 Q And I'd like to list some of the changes 2262 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 that I could think of and see whether you agree with me 2 or not, these are some of the qualitative changes have 3 occurred during that period. 4 A All right. 5 Q We have moved, have we not, from a network 6 where there were party lines to a network where there's 7 exclusively single line service? 8 A That's my understanding. 9 Q And that touchtone service has been 10 included in the basic residence and business service? 11 A That's correct. 12 Q And we've also included trouble isolation 13 in the basic rate? 14 A I understand that, yes. 15 Q And over the last 37 years, step and 16 crossbar technology has been replaced largely by digital 17 switching? 18 A I believe that's correct, yes. 19 Q And following the Tech II investment in 20 Idaho, customers are now able to pretty much rely on 21 being able to use service for data at 9600 bits per 22 second, if not higher; is that true? 23 A I believe so. 24 Q Look at page 11, line 11 of your 25 surrebuttal testimony. 2263 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 A All right. 2 Q There you make the statement, "Competition 3 must be limited to Title 61 regulated companies that 4 provide residential and small business service." Is that 5 your testimony? 6 A Yes, it is. 7 Q Is it really your position that the only 8 competition that is relevant in this case is from 9 regulated Title 61 companies? 10 A It could be more aptly phrased. I'm not 11 asserting that it's not possible for other firms to 12 provide Title 61 competition. I am asserting that there 13 is no Title 61 competition at this time and that the only 14 competition that the Company is talking about is actually 15 Title 62 competition which is not relevant. 16 Q I understand that position of Staff's. I'm 17 just trying to understand this testimony. You did not 18 mean -- 19 A Yes, I did not -- no, I did not mean that 20 the universe of competition now or in the future was 21 limited to only currently existing 61 regulated 22 companies. 23 Q Or even new companies that come in and 24 somehow find themselves regulated under 61. 25 A Right. 2264 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 Q Mr. Eastlake, if U S WEST did face 2 effective competition in Title 61 services, and I want 3 you to assume whatever you need to assume that it is 4 effective in your mind, if U S WEST did face effective 5 competition in Title 61 services, would it be necessary 6 for this Commission to set Title 61 prices? 7 A Under current law, yes. 8 Q From the standpoint of a professional 9 economist. 10 A To the extent that regulation is meant to 11 be an alternative to the regulating force of competition, 12 once effective competition exists, regulation can cease. 13 Q So aren't you really saying that the only 14 competition that you would find relevant to Title 61 15 ratemaking is competition that would in effect eliminate 16 the need for Title 61 ratemaking? 17 A I think that follows. 18 Q In the final analysis, you agree, 19 Mr. Eastlake, do you not, agree with the Company, that 20 competition will drive prices toward cost and not 21 necessarily down? 22 A I have asserted such or agreed to such, 23 yes. 24 Q So eventually, then, the market and not the 25 Commission will decide how competitive firms recover 2265 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 joints and common costs; isn't that true? 2 A I think that's fair. 3 Q In the meantime, would you agree that the 4 Commission's role is to approximate as best it can the 5 actual workings of a competitive marketplace as it 6 existed? 7 A That's a tougher question to provide good 8 guidance on. The transition from regulation to 9 competition is one for which we don't have much 10 historical experience and I think it's a very tough 11 policy decision on how most people would say you can't -- 12 there are people who say you should deregulate at the 13 stroke of a pin and let the world sort itself out. I 14 think more often advocates of regulation would assert 15 that there's some public interest that needs to continue 16 to be watched over during some sort of an interim 17 period. Exactly what the steps are in that interim 18 period is a tough one to define. 19 Q What I'm asking, though, is the question of 20 what kind of policy the Commission should operate under 21 as it attempts to regulate in a transition period and 22 specifically, my question was, shouldn't the Commission's 23 role be to approximate as best it can the actual workings 24 of the marketplace once it becomes competitive? 25 A I don't believe so. I think we are -- 2266 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 given the passage of the federal Telecom Act and changes 2 that evidently are about to happen in the state telecom 3 legislation that competition is close enough in a sense 4 that we would be as well advised to let competition, 5 which is in some sense right around the corner, begin to 6 sort out some of these things rather than trying to go 7 through the entire complex of telecom rates at this 8 moment and guess what the right market answers would be. 9 Q I'm sorry, Mr. Eastlake, but I'm having 10 trouble hearing you, so I don't know if you can get any 11 closer. 12 A I can get closer, yes. 13 Q So in your view, would the ideal solution 14 be for the Commission just to not do anything at all 15 about rates until such time as the marketplace becomes 16 competitive and then just let the marketplace take over? 17 A I tend more to that side of the spectrum of 18 policy choices, yes. 19 Q Do you believe that facilities-based 20 competition is in the best interest of Idaho customers? 21 A At the gut level, I'm not certain 22 personally whether I have a preference for 23 facilities-based versus resellers. 24 Q Well, if you don't have facilities-based 25 competition, are you convinced that you're going to see 2267 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 the innovation and technological advances that have been 2 envisioned by many proponents of competition in the 3 telecom market? 4 A I have no doubt that there will be some 5 facilities-based competition and I suppose I agree with 6 the majority of people who think that most competition 7 early on will be resale competition. I don't have a good 8 sense of what the appropriate mix of the two would happen 9 to be. I mean, in general, I think I've been a person 10 who tries to debunk the folks who say there will be no 11 incentives for facilities-based competition because I 12 think that requires an assertion and it's usually being 13 made by the incumbent monopolists that they best know how 14 to provide service and they know what the costs for 15 everyone in the world are and no one could possibly do it 16 better and I seriously wonder whether technological 17 innovation and entrepreneurship and the like might not 18 provide facilities-based competition sooner than we 19 expect in ways that we can't guess at now, but I don't 20 have a strong feeling about the mix of them. 21 Q Well, and assuming that your hypothesis is 22 correct, wouldn't you agree that facilities-based 23 competition would be in the best interest of Idaho 24 consumers if we were to see innovation and 25 entrepreneurism and those factors you mentioned? 2268 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 A I could agree with that, but I think resale 2 competition itself could also be in the best interest. I 3 mean, I'm not sure that advocating or accepting that as a 4 possible outcome of facilities-based competition really 5 requires a negative statement about resellers. I think 6 much of the competition we have in the world today is 7 just resale when you come right down to it and it's not 8 as nearly negative a term as I think is currently used 9 with respect to telecommunications resellers. 10 Q Well, and, Mr. Eastlake, I'm not trying to 11 persuade you or to get you to say anything negative about 12 resale competition. I'm only asking you the simple 13 question of whether you believe facilities-based 14 competition is in Idaho consumers' interest. 15 A And the answer is yes. 16 Q Don't reductions to rates for 1FR and 1FB 17 service discourage the development of facilities-based 18 competition simply because the price spread isn't there, 19 the cost spread isn't there? 20 A They provide the sort of incentive or lack 21 of incentive you suggest only if you assume that the 22 incumbent's costs are the same as everyone else's costs. 23 The statement that I alluded to or made in the last 24 question really indicated my disbelief that it was always 25 true. I'm not sure that you can say a $10.00 1FR rate is 2269 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 not enough to generate new business. A $20.00 rate would 2 generate, given your assumptions would generate, more 3 incentive for folks to, facilities-based competitors to, 4 enter, but I'm not sure that the business outlook is as 5 U S WEST sees it for facilities-based competitors, that 6 it appears so terrible to those facilities-based 7 competitors' future or potential. 8 Q And the fact that facilities-based 9 competition in the business market looks more reasonable 10 and more likely to you is based on the fact that that 11 service is today priced at a much higher level, isn't it? 12 A Would you restate the question? 13 Q I said the fact that you see more 14 opportunity for facilities-based competition in the 15 business market is based on the fact that there is a 16 greater price currently being charged for that service by 17 the incumbent, isn't it? 18 A Well, price is one of the many factors 19 which make business a more potentially lucrative market 20 for any competitor. 21 Q Sure, and regardless of what the costs 22 actually are, the greater spread between the market's, 23 the current market's, price and those costs, the more 24 likely it is that you're going to find people providing 25 facilities-based competition; right? 2270 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 A That's true. 2 Q I want to talk to you for a minute about 3 the business-residence ratio and in order to do so, I 4 want you to look back on page 23 of your direct 5 testimony. 6 A All right. 7 Q Now, that testimony was filed last November 8 before U S WEST made various adjustments to its revenue 9 requirement and resulting rates, but at that time you 10 calculated a ratio of business to residence rates 11 proposed by U S WEST to be 1.38 to 1, correct, back in 12 November? 13 A I believe that is the number. 14 Q It looks like it's on line 15 at page 23. 15 A Okay, yes. 16 Q It's in your direct. 17 A Yes, I'm sorry. I was on the wrong page. 18 Q Now, based upon the most recent rate spread 19 provided by U S WEST, have you recalculated the 20 business-residence ratio, the U S WEST proposed rates? 21 A I have not -- no, I have not. 22 Q Would you accept, subject to check, that it 23 is 1.55 to 1? 24 A That sounds correct, 31.10 divided by 20, 25 that's correct. 2271 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 Q Okay. Now, in your testimony you insist 2 that the Commission should stick with the historic 3 2.59 to 1 ratio going forward out of this case. 4 A That's correct. 5 Q And one of the reasons is your statement on 6 page 24 of your direct testimony that you don't believe 7 that the cost data provided by U S WEST on this point has 8 cost allocated correctly; isn't that true? It's on 9 page 24. 10 A Line 18? 11 Q Uh-huh. 12 A That's sort of a throw-away observation. I 13 would still -- 14 Q Well, would you read your testimony 15 beginning on line 18? 16 A "Given uncertainty about appropriate cost 17 allocation procedures, Staff does not believe the Company 18 has made a clear showing that the differing business and 19 residence investment costs cited to show that a business 20 line might be cheaper than a residence line make use of 21 costs solely associated with Title 61 business." 22 I would still agree with that statement. 23 I've not made an exhaustive study of U S WEST's business 24 costs. I don't believe that U S WEST has made what I'd 25 call a significant showing with respect to those costs in 2272 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 this case, but my uncertainty is still operative and, as 2 I recall, Mr. Elder in his testimony that would have been 3 on Tuesday of last week, I believe, was asked 4 specifically the question whether -- I don't know whether 5 it was of the cost of loop length for residence versus 6 business, whether those business loop study costs 7 distinguished between 61 and 62 business and he said no. 8 It's that uncertainty about the careful distinction 9 between 61 and 62 business costs which leaves me with 10 just a feeling that the cited 61 business costs here may 11 not be perfect. 12 Q And they may not perfectly show that a 13 business line is cheaper than a residence line; correct? 14 A Yes. 15 Q That's what your testimony says here? 16 A Yes. 17 Q So to make a long story short, you believe 18 that U S WEST's business-residence ratio is not 19 adequately cost supported? 20 A Yes, but I would add that I have not 21 attempted to get inside those costs at a detailed level 22 to criticize them one way or another and the reason for 23 that is I think cost is only one of many factors and, 24 therefore, I moved on to something else. 25 Q Well, Staff, on the other hand, has no cost 2273 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 data that supports its proposed business-residence ratio; 2 isn't that right? 3 A That is correct. It's based on Staff's 4 assertion that cost is neither the only nor the most 5 important factor that should determine that 6 business-residence price ratio. 7 Q And Staff has no cost data that supports 8 the conclusion that business is more expensive to provide 9 than residence service? 10 A That's correct. 11 Q Now, back now to your surrebuttal on 12 page 19. 13 A I have that. 14 Q Do you have that? 15 A Yes. 16 Q Would you please read the sentence 17 beginning on line 6 and concluding on line 7? 18 A "Regulation, on the other hand, is driven 19 primarily by cost." 20 Q So shouldn't the relative ratio of rates 21 within the Title 61 group be primarily driven by cost? 22 A I think the statement that regulation is 23 driven primarily by cost applies at the macro level, if 24 you will, at the revenue requirement level, and does not 25 and need not apply specifically to each of the individual 2274 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 services and products that fall within the entire revenue 2 requirement or the entire Company operation. 3 Q So while regulation is driven by cost, you 4 don't believe that cost should be relevant to the rate 5 spread even at this late day in the history of telecom 6 regulation? By "late day," I mean as we move -- 7 A I don't believe I've said they're not 8 relevant. I have said they're not the only and not the 9 most important factor to be used in determining rates. 10 Q And I believe you've said that the most 11 important factor is value of service? 12 A I think that's fair, yes. 13 Q And you have indicated, I believe, that -- 14 let me see. If you look on page 18 of your surrebuttal 15 at line 18, line 19, I guess, you make the statement 16 there that a competitive market is cost-based mostly in 17 the sense that costs provide a floor below which 18 competition cannot drive the price on a permanent basis. 19 A Yes. 20 Q In markets, firms look first to demand and 21 to value of service considerations. 22 A That's correct. 23 Q That's your testimony? Isn't it true that 24 markets first look at whether a proposed price covers its 25 cost and then looks at what the market will bear to 2275 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 decide what level above cost it will set its price? 2 A I think that's a distinction without a 3 difference, however they say that. I think it's very 4 nearly the same as my assertion. 5 Q In other words, a rational competitive 6 market player would not look first at value of service 7 and second at cost? He'd first decide whether his price 8 is going to cover his cost; right? 9 A Well, I don't think it can be characterized 10 black and white, one or the other way. I have heard 11 business folks talk about there's a market people would 12 be willing to pay X for such service and then they go out 13 and begin to see if they could find some way to provide 14 it, what it would cost to provide something that they 15 know people would be willing to pay X dollars for and it 16 can sometimes go the other way as well, I suppose. If 17 you want to produce beer and you know how much beer 18 costs, then you go out and see what you can get for it. 19 Q But a rational businessman would not 20 conclude that there is a value of service or a value in 21 the price and then decide to offer the service if he 22 determined later on he couldn't cover his costs at that 23 price? 24 A No, ultimately one must cover costs, yes. 25 Q So doesn't it follow that in this arena 2276 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 where the Commission is being asked to look at the 2 appropriate price to be set for a company that is not 3 free to set its own rates, doesn't it follow that value 4 of service pricing should apply only after the Commission 5 has determined that the prices cover costs? 6 A I don't believe that follows and I think 7 there are a number of instances within U S WEST's current 8 pricing structure which indicate that U S WEST is already 9 charging prices based more on value of service than on 10 cost. Ms. Wilson Monday mentioned the appropriateness of 11 value of service in determination of privacy charges. 12 Wayne Hart reminds me that in the Company's service 13 guarantee program, the credit that's given for missed 14 appointments and the like by the Company is $40.00 for 15 business and $10.00 for residence, a 4 to 1 ratio, much 16 worse than the 2.5 to 1 ratio we're talking about here, 17 so there are value of service considerations that play a 18 part throughout the existing price structure. 19 Q Well, my question was, doesn't it follow 20 that the Commission which is required here to set prices 21 for U S WEST which is not itself permitted to choose its 22 own prices for Title 61 service, doesn't it follow that 23 the Commission should look at value of service pricing 24 concerns only after it has determined whether the prices 25 cover the relevant costs of the services they're pricing? 2277 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 A Well, the Commission in my reading of past 2 orders has already made that decision in several cases 3 cited in my direct testimony. This discussion about the 4 appropriate level of business-residence price ratios is 5 not a new one for the Company or for the Commission. It 6 has been exposed -- exposed. It's been played out before 7 the Commission and the Commission has decided no, to 8 leave business-residence ratios where they are at least 9 twice before and I know of no overwhelming evidence of 10 changes that have occurred in the recent past which make 11 me think that that decision needs to be changed. 12 Q Look at page -- let's see. I guess this is 13 your direct testimony. You indicated that revenue 14 sharing money will likely still remain for distribution 15 after the rate here goes into effect; correct? 16 A Yes. 17 Q And you recommended disposal of all of the 18 remaining funds other than those that have been earmarked 19 for EAS implementation, originally in your direct 20 testimony, over a four-month period; is that correct? 21 A Four months is the time that was noted in 22 the original testimony, yes. 23 Q In your surrebuttal testimony, however, 24 you're now recommending a one-time credit for the revenue 25 sharing money; is that correct? 2278 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 A That's what it says. That is a detail, 2 what I consider a rather inconsequential detail, 3 frankly. You don't want to stretch it out too long. 4 Ideally, I'd do it all in one shot. I think the 5 administrative convenience of a company ought to be a big 6 factor in what's the easiest way to do this and how long, 7 I suppose, depends also on the exact level of that amount 8 that needs to go back. 9 Q Well, have you calculated the amount of the 10 credit that would be given? 11 A It's in one of these exhibits in the 12 surrebuttal. 13 Q I'm looking at page 25 of your written 14 surrebuttal testimony. 15 A Okay, and the calculation is on 16 Exhibit 152. Yeah, the calculation amounted to $14.94. 17 Q So using Staff's proposed rates for 18 Title 61, doesn't your recommendation mean that residence 19 customers will be receiving a $14.94 credit against a 20 $10.17 rate in region and an $8.82 rate out of region? 21 A If the math works out that way, yes. 22 Q Now, once again assume with me 23 hypothetically that U S WEST's rates, proposed rates, are 24 accepted. Under the stipulation, residence customers 25 will first get a $1.00 credit associated with the yellow 2279 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 pages; right? 2 A That's correct. 3 Q And we have enough remaining revenue 4 sharing dollars to provide a one-time $14.94 credit, but 5 wouldn't it be more consumer-focused to provide a smaller 6 credit over a longer period if there is to be a rate 7 increase in this case? 8 A I think it probably would. 9 Q Mr. Eastlake, before we went on the record 10 this afternoon, I asked you if you could locate your 11 workpapers that you have used in connection with 12 developing the rate spread that you're offering in this 13 case. 14 A And I have them here. 15 Q If I could find my version, we'd be in 16 great shape. 17 MS. HOBSON: Do you want this marked as a 18 Staff exhibit? 19 MS. HAMLIN: Could we go off the record? 20 COMMISSIONER SMITH: Sure, let's be at ease 21 for a moment. 22 (Off the record discussion.) 23 (Staff Exhibit No. 164 was marked for 24 identification.) 25 COMMISSIONER SMITH: Okay, let's go. 2280 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 Ms. Hobson. 2 MS. HOBSON: Thank you. 3 Q BY MS. HOBSON: Mr. Eastlake, you've been 4 handed what has been previously marked as Staff 5 Exhibit 164. I'd ask you if you could just briefly 6 identify that for the record. 7 A It is a spreadsheet that has the recurring 8 rates for residence and business and it spreads the -- 9 and is used as a tool to spread the appropriate revenue 10 requirement. It has quantities and rates, basically. 11 Q Did you prepare this document? 12 A I did. 13 Q I noticed in the little box that's up in 14 the upper left-hand corner that for the 1FR base -- well, 15 yeah, the 1FR base, the Staff has a number of 14.86 and 16 U S WEST has a number of 15.62. 17 A Yes. 18 Q Am I correct that the difference between 19 those numbers, i.e., $.76, is the rural zone credit? 20 A That's correct. 21 Q And when I look further over on the columns 22 contained in that same box, I see the subcolumn labeled 23 "EAS adder" and for U S WEST, the EAS adder is 3.62 and 24 for Staff it is $1.35. 25 A That's correct. 2281 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 Q Is that also the differential between the 2 in region and out of region rates for the two regions? 3 A It is. That's what the real meaning of EAS 4 adder is in my sense. 5 Q And, Mr. Eastlake, in your opinion, does 6 the $1.35 differential constitute value of service 7 pricing relative to the benefits received by Title 61 8 residence and small business customers in region and out 9 of region? 10 A No, the $1.35 is a direct calculation of 11 the per line amount of annual costs associated with the 12 U S WEST-supplied capital and operating expenses which 13 are in the pro formed revenue in part of the EAS 14 adjustment. 15 Q So in this particular area, Staff is not 16 recommending a value of service pricing differential? 17 A We had to have some differential. We were 18 solving for a differential and since I had calculated 19 what the per line cost was associated with the cost, EAS 20 cost, numbers that we'd accepted from the Company, I 21 thought that was an appropriate number to use and so it 22 was thrown into there as the first attempt at modeling 23 this. 24 Q So it's cost-based and not 25 value-of-service-based? 2282 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 A Yes. 2 Q Okay, looking down now farther on the 3 exhibit to the actual spread, I see a column labeled 4 "Staff Proposed Rate" and that's Column No. 6. 5 A Yes. 6 Q And what I'm trying to get to now is the 7 spread between the 1FR and the unlimited ITAP rate. 8 A All right. 9 Q Would I be correct that we are comparing 10 $10.17 for the 1FR with $7.22 for the unlimited ITAP 11 customer? 12 A That's correct. 13 Q Now, currently the differential between the 14 flat rated 1FR and the ITAP rate, that is, the $12.00 1FR 15 and the ITAP rate, is $3.50 to match the federal TAP 16 support which covers the CALC; isn't that right? 17 A I believe so. 18 Q Why does the Staff reduce this differential 19 to only 2.95 in your proposed rate spread? 20 A This rate spread was based on -- it's 21 really built around Column 5, "Ratio to 1FR." The 22 numbers in that column are frozen at the current levels, 23 from current U S WEST rates and I have simply ratioed, 24 used the existing ratios of all the rates involved here 25 to 1FR and I've used those to calculate a first cut at 2283 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 new Staff rates using Staff revenue requirement. 2 Q So am I correct in assuming that you're not 3 making some judgment about the appropriateness of an ITAP 4 rate which provides a differential that is less than 5 $3.50 under the federal program that provides the 6 matching credit? 7 A At this point, I have simply mechanically 8 replicated the existing ratios given Staff's revenue 9 requirement. 10 MS. HOBSON: Thank you. That's all I had. 11 COMMISSIONER SMITH: Mr. Harwood, did you 12 have questions? 13 MR. HARWOOD: Just a couple, 14 Madam Chairman. 15 16 CROSS-EXAMINATION 17 18 BY MR. HARWOOD: 19 Q Good afternoon, Mr. Eastlake. 20 A Good afternoon. 21 Q Do you recall talking with Ms. Hobson about 22 this $14.00 and change credit that would be available 23 from the revenue sharing funds? 24 A Yes, I do. 25 Q And if I recall, Ms. Hobson asked and you 2284 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 agreed that spreading that $14.00 and change credit over 2 time to customers would be more consumer-focused than a 3 one-time credit? 4 A Yes. 5 Q Isn't it true that $1.00 is worth more 6 today than it is tomorrow? 7 A I cannot dispute that. I usually have to 8 remind other people of that. 9 Q So wouldn't it be true that a one-time 10 credit up front would be most beneficial to consumers? 11 A It would. 12 Q My last question is do you know who is 13 receiving the interest on these revenue sharing funds 14 presently? 15 A The answer is I suppose I don't technically 16 know. I think we are -- I think that the ratepayers or 17 the Commission is no longer receiving it, which I assume 18 means that U S WEST is, somebody is. 19 Q So you would agree that U S WEST could be 20 receiving interest on this money? 21 A And that would be a factor, I suppose, that 22 would militate spreading this over a year as opposed to 23 returning it in a shorter period of time. 24 MR. HARWOOD: No more questions. Thank 25 you. 2285 CSB REPORTING EASTLAKE (X) Wilder, Idaho 83676 Staff 1 COMMISSIONER SMITH: Thank you. We're 2 ready for questions from the Commission. 3 Commissioner Nelson. 4 COMMISSIONER NELSON: I just have one. 5 Thank you. 6 7 EXAMINATION 8 9 BY COMMISSIONER NELSON: 10 Q In proposing the rate spread between the 11 business rate and the residential rate, did you do any 12 study to determine in your mind that that was an 13 appropriate spread today or are you just adopting what 14 was in place in the past? 15 A I am very consciously attempting to mirror 16 the existing rate spread, thinking that the results of 17 this probably last embedded cost rate case for a variety 18 of reasons at the national and state level are going to 19 be superseded with changes brought about by competition 20 and I simply think it's not a good investment of time to 21 do a lot of soul-searching on changing, altering, getting 22 these rates just right because I think these rates are 23 not going to be in existence very long, and I think it's 24 very unlikely that we would correctly mimic the market 25 and define all the appropriate ratios so that it wouldn't 2286 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 need to be changed ever again and to save ourselves the 2 effort, I have done a rather mechanical ratio here. 3 Q Well, if we could correctly assume that 4 we're not going to get it exactly right, wouldn't we 5 nonetheless make an effort to move towards what we see 6 the trend being? 7 A I think that's a defensible position, but 8 I've chosen not to take that myself. 9 Q Why wouldn't we do that? 10 A I think somebody pointed out to me the 11 example of airline deregulation. The assertion here is 12 that business rates have got to go down or that to get 13 business rates relatively down, we have to raise -- we 14 will raise residential rates a lot and leave business 15 where it is. All of that is built around the assumption 16 that business rates need to come down for some 17 competitive reasons. 18 I think the airline industry is a terrific 19 example of the fact that we've got competition in places 20 where we never had it before. I can get to see my kids 21 on the Coast for $29.00, but there are business 22 customers -- there are rates that have gone up and there 23 are business customers who don't want to cattle-call 24 board, not know if they've got a flight, and they're 25 willing to pay more than they used to to get the kind of 2287 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 service that they want. I'm not sure it's a foregone 2 conclusion that we know where business rates ought to go 3 or even that we know they need to go down. 4 COMMISSIONER NELSON: Gosh, I hate using 5 the airline industry as an example. Okay, thank you. 6 COMMISSIONER SMITH: Commissioner Hansen. 7 COMMISSIONER HANSEN: Thank you. I just 8 would like to clarify a couple of items. 9 10 EXAMINATION 11 12 BY COMMISSIONER HANSEN: 13 Q Mr. Eastlake, as I look at your Exhibit 14 No. 151 and your workpapers, is the rate difference that 15 you're proposing between EAS and non-EAS routes $1.35? 16 A That's correct. 17 Q And that's based on cost? 18 A That is derived from the costs that are 19 indicated that are on Exhibit 101. The EAS costs that 20 were put in there, I have simply taken the return on 21 capital cost and added to that operational expenses that 22 lumped together comes out to $4 million and you divide 23 that by 260,000 odd customers and the $1.35 is the 24 answer, yes. 25 Q So far we've looked at EAS in a lot of 2288 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 different ways and I've got a way that I'd kind of like 2 to just run by you to look at it in a little different 3 format and get your opinion on that. My first question 4 would be back at the time of the EAS case that we had, 5 and I don't know how well you recollect that time, but do 6 you recall how much toll revenue that U S WEST stood to 7 lose in establishing the EAS routes? 8 A I don't know exactly. A number like 9 $12 million is in the ball park. 10 Q Okay; so approximately in the $12-12.5 11 million range. Do you recollect how much revenue 12 U S WEST was paying out in revenue sharing on this last 13 year of revenue sharing? 14 A Seven million, give or take a million, I 15 think. 16 Q Okay; so then if you look at that, could 17 you in calculating that say the net effect would be a 18 loss of about 4 or 5 million to U S WEST; is that 19 reasonable to look at it that way? 20 A That follows from your logic. It treats 21 lost toll as a cost and it really isn't quite a cost. It 22 is not a cost in the same way that the costs that we've 23 put into the pro forma adjustment and have used to 24 generate that $1.35, yes. 25 Q But just looking at it in kind of a simple 2289 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 analysis or transaction, you've got a company that's 2 going to lose 12 million or $12.5 million worth of 3 revenue; however, they're not going to have to pay out 4 7.5 million, so the net effect could be 4 or $5 million? 5 A Your logic sounds okay to me. 6 Q So under that, if you were to divide the 7 number of customers, you would come up with 8 approximately, if you're saying $4 million is a $1.00, 9 you're going to come up with about a $1.15, $1.25 or 10 $.30; is that correct? 11 A A number in the same ball park that we got 12 here, yes. 13 Q When you started putting together your 14 basic rate here that you've arrived at, did you start 15 from the ground level or zero and build up to it or did 16 you start at the current level the rates are at and make 17 adjustments one way or the other on the different 18 categories and arrive at your number? 19 A It's a bit of a mix of the two. The 20 numbers that show on this spreadsheet do start with the 21 EAS adder, the net EAS adder, from that EAS case added to 22 the $12.00 1FR rate. My original modeling of this, I 23 started with the $12.00 rate and the EAS coming into the 24 middle of this has caused some difficulties in modeling. 25 I'd point out that they are technical difficulties. We 2290 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 get to the same answer whether you start with $12.00 and 2 pro form the EAS costs but not the EAS revenue and solve 3 for a revenue requirement. 4 The numerical value of the revenue 5 requirement that's at the bottom of our revenue revised 6 page 101 changes by about $10 million, changes by the 7 amount of that EAS revenue that has been imputed and is 8 now part of the calculation, so since we've added the EAS 9 revenues and the costs into our determination of revenue 10 requirement, we need to add that EAS adder that was 11 modeled into the calculation of the revenue spread, so my 12 numbers here are based on the original $12.00 rate with 13 the 3.62 adder on top of it and we get to the same 14 place. I don't have any doubts that we do. I've proved 15 that to myself. 16 Q So in this particular rate case, if I 17 understand you correctly, do you feel -- let me ask you 18 this: Do you feel that all rates, the different rates, 19 are an issue in this case, that they all have to be 20 justified individually, like EAS, you could take 21 depreciation, so forth, each area as you built your 22 rates, did you look at each one separate and justify 23 that? 24 A You mean the 1FR and the 1FB? 25 Q Uh-huh. 2291 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 A At this point I have not done that. I 2 have, I think, for administrative convenience and for the 3 reason that I think these rates are going to change 4 fairly soon preferred to just mirror the existing rate 5 structure. 6 Q One last question I've got and I guess it's 7 something that's kind of maybe I'm trying to get clear in 8 my mind on from the very first, but do you think that the 9 different items of settlement agreed to by the Staff and 10 U S WEST can be justified on an item-by-item basis? 11 A Well, I think they're not meant to be 12 justified on an item-by-item basis. I don't think 13 settlements work that way. It is a package and the 14 package has some give and take. There are items where, 15 and I'm sure the Company would say the same thing, where 16 they've gotten more rather than less and there's areas 17 where Staff figures it's gotten more rather than less and 18 the deal rises or falls as a whole, as it were, and 19 that's typical of negotiations anywhere, I think. It's 20 not any individual -- individual items cannot be pulled 21 out without destroying the whole thing. 22 COMMISSIONER HANSEN: That's all the 23 questions I had. 24 COMMISSIONER NELSON: I had one more 25 question based on looking at Exhibit 164. 2292 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 EXAMINATION 2 3 BY COMMISSIONER NELSON: 4 Q I thought I heard today that it would take 5 a big change in the residential rate to make any real 6 difference in the business rate, and yet, when I look at 7 the number of customers, 1FR and 1FB, it looks like 8 there's about 270,000 residential customers and about 9 50,000 business customers. 10 A That's correct, 1FR versus 1FB. 11 Q So wouldn't a $1.00 change in the rates for 12 residence up be a $5.00 change in rates for businesses 13 down? 14 A It would or if you -- 15 Q If you were inclined that way? 16 A Uh-huh. 17 COMMISSIONER NELSON: Okay, thanks. 18 19 EXAMINATION 20 21 BY COMMISSIONER SMITH: 22 Q Mr. Eastlake, could you tell me what the 23 current tariffed rate for non-list and non-pub is? 24 A $4.50 a month, I believe. 25 Q Are those two separate services? 2293 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 A They are two separate services and I 2 believe that's in my direct testimony. That's not a 3 number that I carry around in my head. Let me find it. 4 Currently U S WEST charges 2.50 for non-listed and $4.00 5 for non-pub. 6 Q And originally, then, you thought these 7 were too high? 8 A I thought there was no cost justification 9 for them, and the reason that I backed off from 10 recommending that they be put down to -- I had originally 11 taken an average of rates for those services across the 12 14 states in the U S WEST area, each of which is a buck 13 or a buck-and-a-half smaller than the Idaho rates, but 14 that decline in the monthly charges that I had 15 recommended was about, would cause about a half million 16 dollar cut in the revenue U S WEST was receiving from 17 privacy services and that half million dollars would have 18 to be spread to the rest of the customers and -- 19 Q That's annually? 20 A Annually, yes -- and on reconsideration, 21 with a little help from the Company, I decided that was a 22 big number to hoist on everyone else. 23 Q What's the policy justification you see 24 that we can tell customers who have a problem with this, 25 because we have received comments from a number of 2294 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 customers saying this is a ridiculous price compared to 2 either what I pay elsewhere or compared to the efforts on 3 the part of the Company to provide me this service? 4 A The only way I know to solve that would be 5 to reconsider the entire rate structure from the bottom 6 looking at each and every one of those additional 7 services and reconstruct the entire revenue requirement 8 with some of those services more closely related to 9 costs. 10 Q Are there other services? I guess I'm not 11 sure what other services you're thinking of. I thought 12 we were down to a pretty small list. 13 A Well, the number of dollars that you see on 14 this modeling, for instance, are only a portion, but they 15 may be something over 90 percent, of U S WEST's local 16 revenues, but the things that aren't changing don't show 17 up here and they include a lot of non-recurring charges, 18 installation charges and things like that as well as 19 rates for pub and non-pub and for services I couldn't 20 begin to mention, so those ones that don't change haven't 21 shown up here not under consideration. In order to 22 change pub/non-pub down to something that we thought it 23 was more justified by cost, we would have to shift that 24 burden elsewhere. 25 Q Let me tell you my problem. My basic 2295 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 problem is maybe I've been here too long and I recall 2 when these rates were set and I recall the reason for 3 them which was given that to the extent that people chose 4 to keep their names out of the directory and to the 5 extent that directory assistance was then something you 6 could do and not be charged that these people were 7 imposing costs on the Company that were being recovered 8 from the general body of ratepayers at large, that is, 9 directory assistance charges, so there was a tie here, 10 thinking we're going to charge these people more because 11 if they choose not to be in the directory, everybody else 12 is going to be paying more for DA because there's going 13 to be more DA calls. 14 Well, somehow over the years DA has gone 15 the way of Title 62 and as we know now, it costs a 16 significant amount to call DA and there's no, you know, 17 so many free calls and so it looks to me like the Company 18 now is making more money than ever from DA and they're 19 still making this much from non-list/non-pub and I'm 20 wondering is it still fair or what's the reason to keep 21 extracting money from this service. 22 A Well, I agree with everything you've said, 23 but the policy decision is whether to right that wrong 24 will take 500,000 bucks away from the Company and that 25 needs to go somewhere else and when I look at the number 2296 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 of customers who have these services, I think maybe 2 whether it continues to be cost justified or not, I'd 3 perhaps rather let them pay it. 4 Q How many customers have these services? 5 A I don't have that available. 6 Q Do you want me to ask the Company that? 7 A 5,000? I don't know. 8 Q I can ask their witnesses. They're going 9 to have some more witnesses next week. 10 A I don't know that number off the top of my 11 head. I can find it for you in a minute. 12 Q And I suppose the other consideration ought 13 to be, if we lower the price, how many more customers 14 will there be. 15 A That would be a consideration. 16 Q My other question is looking at your 17 Exhibit 151 and recognizing that it was built on the 18 Staff's suggested revenue requirement, my question is if 19 it turns out that the revenue requirement found by the 20 Commission to be appropriate is closer to the U S WEST 21 number than the Staff number, what would your rate spread 22 look like? 23 A Given an upward movement, I would insist 24 even more strongly than I have in this case or even more 25 strongly than I have today that it's not appropriate to 2297 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 reduce the business-residence ratio. I mean, the 2 original case filed by the Company, 96, 97 percent of the 3 total revenue requirement they were asking for, increase 4 that they were asking for, would go to residential 5 customers with a large increase and that struck me as 6 unfair to put virtually all the burden on residential 7 customers, so going in an upward direction, I think I'm 8 more weary about changing the bus.-res. ratio, but I 9 would look much harder at ITAP and some of the other 10 relationships if we were going in an upward direction 11 than in a downward direction. The frank answer, I can't 12 tell you exactly how, but -- 13 Q What do you mean look harder at the -- 14 A Well, I think going in a downward 15 direction, we've got sort of a win-win situation for 16 everybody and it's not worth lots of trouble to decide 17 who wins a little more than others, but if we're going up 18 by a large amount, I'd put a lot more attention into 19 whether we're disadvantaging certain groups and it 20 requires, I think, a lot more just policy judgment. At 21 this point, the thing has been pretty much a mechanical 22 calculation. 23 COMMISSIONER SMITH: All right. 24 Redirect? 25 MS. HAMLIN: I have no redirect. 2298 CSB REPORTING EASTLAKE (Com) Wilder, Idaho 83676 Staff 1 COMMISSIONER SMITH: Thank you for your 2 help, Mr. Eastlake. 3 (The witness left the stand.) 4 COMMISSIONER SMITH: Now we're done? 5 MS. HOBSON: Now we're done. 6 COMMISSIONER SMITH: Why don't we plan to 7 start in the morning at about 9:15. 8 (The Hearing recessed at 2:40 p.m.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2299 CSB REPORTING COLLOQUY Wilder, Idaho 83676