BEFORE THE PUBLIC UTILITIES COMMISSION

OF THE STATE OF COLORADO

 

RUBY RANCH INTERNET                                    )

COOPERATIVE ASSOCIATION,                        )

)

            PETITIONER                                     )                        ARBITRATION

)                        DOCKET NO. 01B-493T

V.                                                                    )

)

QWEST CORPORATION,                                    )

)

            RESPONDENT                                    )

 

                     

 

QWEST’S FIRST DISCOVERY REQUESTS TO PETITIONER

                     

 

            Qwest Corporation (“Qwest”), through its counsel Hale Hackstaff Tymkovich & ErkenBrack, LLP, under Commission Rule (4 CCR) 723-1-77(b), serves the following as its First Discovery Requests to Petitioner Ruby Ranch Internet Cooperative Association (“Ruby Ranch”).

 

DEFINITIONS

 

            A.            As used herein, “Ruby Ranch,” “you” and “your” mean Ruby Ranch Internet Cooperative Association and any present or former employee, member, officer, agent, representative or any other person acting or purporting to act on behalf of or in concert with you.

 

            B.            “Qwest” means Qwest Corporation and any employee, officer, agent, representative or other person acting or purporting to act on behalf of or in concert with Qwest.

 

C.                         “Document” means any kind of written, printed, typed, recorded or graphic matter, however produced or reproduced, of any kind or description, whether sent or received or neither, including originals, copies and drafts and both sides thereof, and including but not limited to:  papers, books, periodicals, pamphlets, newspaper articles or clippings, publications, sheets, book entries, accounts, letters, e-mail messages, the content and any postings on your website, photographs, objects, tangible things, correspondence, telegrams, cables, telex messages, memoranda, notes, data, notations, work papers, inter-office communications, inter-departmental communications, transcripts, minutes, memoranda, reports and recordings of in-person conversations, telephone conversations, interviews, conferences or meetings, affidavits, statements, summaries, opinions, reports, records, forms, studies, analyses, formulae, plans, bids, proposals, specifications, evaluations, contracts, deeds, licenses, agreements, offers, orders, invoices, checks, drafts, vouchers, ledgers, journals, books or records of account, summaries of accounts, bills, receipts, balance sheets, income statements, schedules, catalogs, lists, indexes, tabulations, calculations, charts, graphs, maps, surveys, blue prints, drawings, renderings, diagrams, photographs, recordings, films, computer programs, computer tapes, magnetic tapes and cards, punch cards, computer printouts, data processing input and output, microfilms, all other records or information kept by electronic, photographic, mechanical or other means, and things similar to any of the foregoing however denominated, whether currently in existence or already destroyed.

           

D.            “Relate,” “relating to” or “related to” means consists of, refers to, reflects, or is in any way connected with the matter discussed.        

 

            E.            “Identify,” when used in reference to:

 

                        1.            an individual means to state the individual’s full name, home and business address (or last known address) and phone number(s), present employer and position;

 

                        2.            an entity means to state the correct legal name of the entity, type of entity (e.g., corporation, partnership), and address and phone number(s); and

 

                        3.            a document means to describe: (a) the type of document and title (e.g., letter, memorandum entitled “_______”); (b) its date; (c) author, addresses and carbon copies; (d) present location or custodian.  If such document was, but is no longer, in your possession or custody, or subject to your control, state what disposition was made of it.

 

            F.            “Person” or “persons” mean any individual, company, corporation, trust, general or limited partnership, limited liability company, limited liability partnership, association or other entity.

 

            G.            Ruby Ranch’s “members” refers to the persons who have residences within the Ruby Ranch subdivision who belong to Ruby Ranch.

 

            H.             The “Proposed Service” means the services Ruby Ranch is seeking to have Qwest provide to Ruby Ranch’s members.

 

            I.             Qwest’s “subloops and connections” refers to the equipment owned or controlled by Qwest located within or near the Ruby Ranch subdivision to which you propose to make connections so your members may receive the Proposed Service through Qwest.

 

            J.            The “Proposed Interconnection Agreement” means the agreement Qwest has proposed to Ruby Ranch, in its most recent draft or form (as proposed to Ruby Ranch on August 14, 2001).

 

            K.            Documents in “your possession or control” mean documents that are actually within your possession, custody or control (including without limitation documents within the possession, custody or control of your attorneys, accountants, or other agents); documents which you have a legal right to obtain; documents which you have a right to copy or to which you have access; and documents which you have placed in the possession, custody or control of any third party.   When you identify any document in your response to any of the following interrogatories, you should identity the originals of all documents that are responsive to the following interrogatories, and all copies and drafts of all such documents that contain any materials or information (such as notes, editing or different wording or data).

 

  INSTRUCTIONS

 

            The interrogatories are to be answered fully and completely, under oath, and are to be considered continuing in nature.  If you discover information during the course of this arbitration which would add to or alter your answers to the admission requests, interrogatories or requests for production of documents, you are instructed to furnish such information at the earliest practicable time.  QWEST MAY OBJECT AT THE HEARING TO ANY ATTEMPT BY YOU TO INTRODUCE EVIDENCE THESE DISCOVERY REQUESTS SEEK TO WHICH YOU PROVIDE NO DISCLOSURE, INCOMPLETE DISCLOSURE OR MISLEADING DISCLOSURE OR RESPONSES.

 

            If you claim any privilege as grounds for not fully answering an admission request, interrogatory or production request, or any part thereof, set forth the facts upon which the privilege is based in a manner sufficient to permit the Arbitrator to make a determination on that record concerning whether the claim of privilege is valid.

 

Admission Requests

1.                         Admit that every residence for which Ruby Ranch wants Qwest to provide the Proposed Service currently has access to the internet via wired telephone service from Qwest or from a source or sources other than Qwest.

2.                         Admit that you do not object to the monthly recurring rate for your members stated in the Proposed Interconnection Agreement.

3.                         Admit that you do object to the one-time charge for the initial installation of  Unbundled Analog Loops, 2-Wire Voice Grade and 2-Wire Non- Loaded stated in the Proposed Interconnection Agreement.

4.                         Admit that you do object to the one-time charge for a Feasibility Fee/Quote Preparation Fee stated in the Proposed Interconnection Agreement.

5.                         Admit that, until Qwest performs a feasibility review and prepares a price quote, you and Qwest will not know what Qwest’s charge to Ruby Ranch will be for Qwest to provision a Field Connection Point to be used to interconnect Ruby Ranch’s equipment with a terminal block within the terminal to be used for the Proposed Service.

6.                         Admit that Qwest is a regulated utility subject to the Telecommunications Act of 1996 (the AAct@), 47 U.S.C. ' 252(b).

7.                         Admit that you have access to the Colorado Public Utilities Commission’s (“PUC’s”) findings about the reasonableness of Qwest’s costs that are part of Qwest’s rates which the Commission has established.

8.                         Admit that the PUC has established or is in the process of establishing the rates Qwest charges or proposes to charge wholesale customers such as Ruby Ranch for the following services:

                        a.            Initial installation of First Loops and Each Additional Loop of 2-Wire Analog Unbundled Loops.

                        b.            Feasibility Fee/Quote Preparation Fee related to Field Connection Points.

                        c.            First Splice Location and Each Additional Splice Location (collectively, “Splice Locations”) as part of the cable unloading/bridge tap removal in the initial installation of 2-Wire Analog Unbundled Loops.

                        d.            Subloops -- 2-Wire Distribution Loops.

                        e.             The rate for each other service you identify in your response to interrogatory 13.

9.                         Admit that, as part of establishing the rates listed in admission request 8, the PUC considers evidence about Qwest’s costs to provide those services.

10.                     Admit that, as part of establishing the rates listed in admission request 8, the PUC makes findings about the reasonableness of Qwest’s costs to provide those services.

11.                     Admit that Qwest must comply with the rates established by the PUC for each of the services listed in admission request 8 for wholesale customers such as Ruby Ranch.

12.                     Admit that the rates stated in the Proposed Interconnection Agreement for the services listed in admission request 8 are the rates established by the PUC for wholesale customers such as Ruby Ranch.

13.                     Admit that you have no legal support for your position that Qwest should charge you less than the rates established by the PUC for the services listed in admission request 8.

14.                     Admit that you are asking the Arbitrator to impose on Qwest lower rates than have been established by the PUC for the services listed in admission request 8.

15.                     Admit that Ruby Ranch currently has 10 members and hopes to have a total of 12 to 20 members.

16.        Admit that Ruby Ranch does not own any real property or personal property.

17.                     Admit that Ruby Ranch does not have any bank account or cash.

18.                     Admit that, if Ruby Ranch obtains the Proposed Service from Qwest, Ruby Ranch plans to hire a business or individual people to install cable, junction boxes and related equipment so Ruby Ranch’s members’ residences will have connections to Qwest’s subloops and connections.

19.                     Admit that, while performing work requested by Ruby Ranch, whomever installs cable, junction boxes and related equipment for Ruby Ranch and your members could:

                        a.            damage property belonging to Qwest.

                        b.            damage property belonging to third parties.

                        c.            be injured.

                        d.            injure someone else

20.         Admit Ruby Ranch could be liable for any personal injury or property damage caused by whomever installs cable, junction boxes and related equipment for Ruby Ranch while that business or person is performing work requested by Ruby Ranch.

21.                     If Ruby Ranch receives the Proposed Service from Qwest, admit that equipment Ruby Ranch installs to connect to Qwest’s subloops and connections:

                        a.            must be compatible with Qwest’s equipment.

                        b.            could be defective.

                        c.            will need to be maintained after it is installed.

                        d.            could be struck by lightening, damaged by other weather (e.g., ice or rain) or damaged by fire.

22.                     If Ruby Ranch receives the Proposed Service from Qwest, admit that Qwest’s equipment could be damaged by Ruby Ranch’s equipment if your equipment is incompatible with Qwest’s equipment, is defective or is not properly maintained.

23.                     If Ruby Ranch receives the Proposed Service from Qwest, admit that Qwest’s equipment could be damaged by Ruby Ranch’s equipment malfunctioning as a result of being damaged by lightening, rain, ice or fire.

24.                     Admit that Ruby Ranch does not have any insurance that will cover Qwest or third parties in the event of any personal injury or property damage for which Ruby Ranch is liable.

25.                     Admit that Ruby Ranch has asserted that it could secure general liability insurance if the Arbitrator granted the interim relief Ruby Ranch requested in its Arbitration Request.

26.                     Admit that any homeowners’ insurance or general liability insurance carried by your members will not cover any liability arising from the negligent or intentional actions of Ruby Ranch or anyone acting as Ruby Ranch’s employee, agent or contractor.

27.                     Admit that Ruby Ranch has no means to satisfy a judgment against it.

28.                     Admit that Ruby Ranch does not carry workers’ compensation insurance.

Interrogatories

1.             Identify: (a) the person or persons responding to each of the admission requests, these interrogatories and the requests for production of documents; and (b) each document on which such persons relied or to which they referred in preparing their responses.

2.             For each member of Ruby Ranch:

                        a.            Identify the internet service provider currently serving that member’s residence for which you are seeking to have Qwest provide the Proposed Service.

                        b.            Identify the number of telephone lines currently serving that member’s Ruby Ranch residence.

                        c.            Identify the number of DSL lines that member anticipates requesting if Qwest provides the Proposed Service.

3.             Identify all cash and property Ruby Ranch owns and could use to satisfy a judgment against Ruby Ranch.

4.             Identify how Ruby Ranch would pay any claim for personal injury or property damage for which Ruby Ranch is liable.

5.         If you claim that any insurance carried by any of your members will cover any damage or injury for which Ruby Ranch would be liable, identify: (a) each member with such insurance coverage; (b) the insurance provider(s) and amount and type of insurance coverage that member carries that applies to Ruby Ranch’s liability; and (c) each document that supports your response to this interrogatory.

6.             Identify each type of equipment and cabling Ruby Ranch currently owns.

7.             Identify each type of equipment and cabling that Ruby Ranch plans to use to connect its members to Qwest’s subloops and connections if you obtain the Proposed Service from Qwest, and identify the approximate amount of each type of equipment and cable you plan to use to provide connections for all your members and potential members.

8.             Identify: (a) the owners of all real properties on which Ruby Ranch would locate any equipment to be used to connect with Qwest’s’ subloops and connections and across which Ruby Ranch would run cable so your members could use the Proposed Service; and, for each such owner, (b) identify the extent to which any of Ruby Ranch’s equipment or cable on that owner’s property would be covered by that owner’s homeowners or other form of insurance; and (c) identify any document that supports your response to this interrogatory.

9.             Identify how Ruby Ranch will replace any of your equipment and cables located on or running across real property owned by your members or third parties if that equipment or cable is damaged or stolen.

10.             For any of the admission requests that you denied or did not admit without condition or qualification, identify: (a) each fact and document that supports your response to the admission request; and (b) each person who has first-hand knowledge of the information on which you based your response.

11.             Identify each fact and any document that supports, contradicts or otherwise relates to your claim that the Arbitrator may require Qwest to charge you less than the rate or charge stated in the Proposed Interconnection Agreement for the following services:

                        a.            Initial installation of First Loops and Each Additional Loop of 2-Wire Analog Unbundled Loops.

                        b.            Feasibility Fee/Quote Preparation Fee related to Field Connection Points.

                        c.            First Splice Location and Each Additional Splice Location as part of the cable unloading/bridge tap removal in the initial installation of 2-Wire Analog Unbundled Loops.

                        d.            Subloops -- 2-Wire Distribution Loops.

12.       Identify each person who has first-hand knowledge of the information on which you based your claim that you and your members should be charged less than the rate or charge stated in the Proposed Interconnection Agreement for the services listed in interrogatory 10.

13.             Identify any rate or charge in the Proposed Interconnection Agreement, other than the rates for the services listed in interrogatory 10, that you are seeking to eliminate or reduce through this arbitration and, for each such rate or charge:

                        a.            Identify each fact and any document that supports, contradicts or otherwise relates to  your claim that the Arbitrator may require Qwest to charge you less than that rate or charge for the service to which it is related; and

                        b.            Identify each person who has first-hand knowledge of the information on which you based your claim  that the Arbitrator may require Qwest to charge you less than that rate or charge for the service to which it is related.

14.              Identify any term or provision of the Proposed Interconnection Agreement that you are seeking to eliminate, modify or add through this arbitration, other than the provisions requiring you to carry general liability insurance and concerning rates for the  services listed in interrogatory 8, and, for each such term or provision:

                        a.            Identify each fact and any document that supports, contradicts or otherwise relates to  your claim that the Arbitrator may require Qwest to modify the Proposed Interconnection Agreement in the way you want; and

                        b.            Identify each person who has first-hand knowledge of the information on which you based your claim  that the Arbitrator may require Qwest to modify the Proposed Interconnection Agreement in the way that you want.

15.             Identify each document you plan to introduce as an exhibit at the hearing in this arbitration and, for each such document, identify the claim or argument you believe it supports and the witnesses through whom you plan to introduce the document.

16.             Identify each person you plan to call as a witness at the hearing in this arbitration and, for each such person, describe the testimony you plan to have that person give. 

Requests for Production of Documents

1.             Produce each document identified in your response to any of the interrogatories above.

2.             If you claim that Ruby Ranch is able to pay any claim for personal injury or property damage for which Ruby Ranch may be liable, produce a copy of each document such as your financial statement or general ledger that confirms Ruby Ranch has cash, property or other assets it can use to pay any such claim.

3.             Produce any bid request or response, proposal, estimate, contract, survey, blue print or other document relating to any plan by which you will connect Ruby Ranch’s members to Qwest’s subloops and connections if Ruby Ranch obtains the Proposed Service from Qwest.

Dated this 31st day of December 2002.

                                                                        QWEST CORPORATION

 

 

 

                                                                        By:______________________________________ 

                                                                                    Timothy M. Tymkovich, Esq.

                                                                                    John R. Paddock, Jr., Esq.

                                                                                    Hale Hackstaff Tymkovich

                                                                                         & ErkenBrack LLP

                                                                                    1675 Broadway, Suite 2000

                                                                                    Denver, Colorado  80202

                                                                                    303-592-8700

                                                                                                                                                Kris A. Ciccolo, Esq.

                                    Winslow F. Bousca, Esq.

                                                                                    Qwest Services Corporation

                                                                                    1005 17th Street, Suite 200

                                                                                    Denver, Colorado  80202

303-896-5675

 

CERTIFICATE OF SERVICE

 

            The undersigned certifies that on this ____ day of December, 2001, true and correct copies of the foregoing QWEST=S FIRST DISCOVERY REQUESTS TO PETITIONER were sent by telefax to the number below and by pre-paid first-class mail properly addressed to the following:

 

Carl Oppedahl

Ruby Ranch Internet Cooperative Association

c/o  Oppedahl & Larson LLP

P. O. Box 5088

Dillon, CO  80435-5088

fax 970-468-0104