BEFORE THE PUBLIC UTILITIES COMMISSION

OF THE STATE OF COLORADO

RUBY RANCH INTERNET COOPERATIVE )

ASSOCIATION, )

)

PETITIONER, )

) ARBITRATION

v. ) DOCKET NO. 01B-493T

)

QWEST CORPORATION, )

)

RESPONDENT. )

PETITIONER'S RESPONSE TO

QWEST'S FIRST DISCOVERY REQUESTS

The Ruby Ranch Internet Cooperative Association ("Coop"), pursuant to Rule 77, Colorado Public Utilities Commission Rules of Practice and Procedure, submits its response to the First Discovery Requests to Petitioner that Qwest Corporation ("Qwest") served on the Coop via facsimile on December 31, 2001.

The Coop will not repeat in these responses the objections it submitted to Qwest on January 8, 2002, and by providing these responses, the Coop makes no admission regarding relevance or admissibility of any of these responses into evidence. In addition, the Coop expressly reserves the right to object to any efforts by Qwest to introduce irrelevant or inadmissible matter into evidence in this proceeding.

In these responses, "Coop" means the Ruby Ranch Internet Cooperative Association. "Neighborhood" means the Ruby Ranch neighborhood The Coop is not related to Ruby Ranch, although membership in the Coop is limited to residents of Ruby Ranch. Accordingly, although Qwest's discovery requests often refer to Ruby Ranch, the Coop responds on behalf of itself.

Dated this 12th day of January, 2002.

Respectfully submitted,

RUBY RANCH INTERNET COOPERATIVE

ASSOCIATION

_______________________________

Carl Oppedahl, Director

c/o Oppedahl & Larson LLP

P.O. Box 5088

Dillon, CO 80435-5088

970-468-6600

carl@rric.net

Colorado

Docket No. 01B-493T

January 12, 2002

QWEST ADMISSION REQUEST NO. 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.

COOP'S RESPONSE

The Coop admits that Neighborhood residents can obtain dial-up access to the Internet using their existing telephone lines, but is without information or knowledge whether Qwest offers dial-up Internet access to the Neighborhood. The Coop does know that Qwest does not offer high-speed, "always on" DSL Internet access to the Neighborhood.

QWEST ADMISSION REQUEST NO. 2

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

COOP'S RESPONSE

Denied. The Coop believes that Qwest's proposed monthly recurring rate of $8.33 for subloops in the Neighborhood (ranging in length from 0.25 to 1.2 miles) is excessive and not cost-based.

QWEST ADMISSION REQUEST NO. 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 Agreement.

COOP'S RESPONSE

Denied. The Coop has never objected to paying Qwest its actual costs of activating the subloops that the Coop requires. The Coop does, however, object to Qwest's proposed $126.49 or $120.67 non-recurring activation charge because this sum appears excessive as the Coop has previously pointed out to Qwest and because Qwest has refused to cost-justify its proposed installation price to the Coop.

QWEST ADMISSION REQUEST NO. 4

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

COOP'S RESPONSE

Admitted. The amount of work needed to determine the cost of the requested Field Connection Point should take Qwest less than one hour, and the proposed fee of $1707.09 or $1107.09 is grossly excessive and constitutes price gouging.

QWEST ADMISSION REQUEST NO. 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.

COOP'S RESPONSE

Denied. The interconnection the Coop seeks is technically feasible, because Qwest has space in its cross-connection box for the screw terminals needed for interconnection. The Coop believes that it knows what a reasonable charge would be for installation of a Field Connection Point (defined as "equipment providing screw terminals nearby to the cross-connect box at Ruby Road and Emerald Road in Summit County, permitting connection of the Coop's DSLAM to distribution subloops within the Ruby Ranch neighborhood"). The Coop also believes that Qwest knows what a reasonable charge would be for installation of such a Field Connection Point. The Coop admits that until Qwest reveals to the Coop the price that it proposes to charge for installation of a Field Connection Point, the Coop will not know what price Qwest proposes to charge for installation of a Field Connection Point.

QWEST ADMISSION REQUEST NO. 6

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

COOP'S RESPONSE

The Coop admits that Qwest is a regulated utility under Colorado law. To the Coop's knowledge, the 1996 Act does not use the term, "regulated utility." However, the Coop admits that under the Act, Qwest is Bell operating company and an incumbent local exchange carrier and that as such, it is required to rent unbundled subloops at terms that are just and reasonable and at prices that are cost-based.

QWEST ADMISSION REQUEST NO. 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 rate which the Commission has established.

COOP'S RESPONSE

Denied. The Coop has attempted to locate such information on the PUC's web site, but it has been unable to find such information. In theory, Coop members could travel 70 miles to the PUC's office in Denver to review paper copy records (which may take considerable time to locate and review), but such a trip would be burdensome. This is particularly the case because the costs that Qwest may have submitted to the PUC as part of its Statement of Generally Available Terms (SGAT) are not relevant to this arbitration proceeding because the Coop, as is its right, has chosen to pursue an interconnection agreement.

QWEST ADMISSION REQUEST NO. 8

Admit that the PUC has established or is in the process of establishing the rates Qwest charges or proposed 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; and (e) The rate for each other service you identify in your response to interrogatory 13.

COOP'S RESPONSE

It is the Coop's understanding that the PUC is considering the prices that Qwest has proposed in its SGAT, but the Coop is not familiar with this proceeding and therefore, it can neither admit nor deny this request.

QWEST ADMISSION REQUEST NO. 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.

COOP'S RESPONSE

The Coop presumes this is the case, but it has no personal knowledge of this matter and therefore, it can neither admit nor deny this request.

QWEST ADMISSION REQUEST NO. 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.

COOP'S RESPONSE

The Coop presumes this is the case, but is has no personal knowledge of this matter and therefore, it can neither admit nor deny this request.

QWEST ADMISSION REQUEST NO. 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.

COOP'S RESPONSE

The Coop presumes this is the case if an interconnecting carrier chooses terms pursuant to the SGAT, but it has no personal knowledge of this matter and therefore, it can neither admit nor deny this request.

QWEST ADMISSION REQUEST NO. 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.

COOP'S RESPONSE

The Coop is not familiar with the PUC's SGAT proceeding and therefore does not have sufficient facts to admit or deny that the prices that Qwest has quoted to the Coop in the Proposed Interconnection Agreement mirror those that the PUC is said to have established.

QWEST ADMISSION REQUEST NO. 13

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.

COOP'S RESPONSE

QWEST ADMISSION REQUEST NO. 14

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

COOP'S RESPONSE

The Coop is not familiar with the rates that the PUC is said to have established for Qwest's SGAT and, therefore, the Coop can neither admit nor deny this request. The Coop does admit that it is seeking terms that are reasonable and prices that are based on the costs Qwest incurs in provisioning subloops to the Coop.

QWEST ADMISSION REQUEST NO. 15

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

COOP'S RESPONSE

Denied. The Coop currently has three members on its board of directors, but it has no member-customers because of Qwest refusal to provide subloops at terms and prices that are reasonable and cost-based. If Qwest permits the Coop to launch its DSL services, the Coop hopes to have about ten member-subscribers at service launch, and it further expects that this number will grow over time.

QWEST ADMISSION REQUEST NO. 16

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

COOP'S RESPONSE

Admitted, although certain Coop members have purchased equipment that they will transfer to the Coop once it becomes operational.

QWEST ADMISSION REQUEST NO. 17

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

COOP'S RESPONSE

Admitted. The Coop cannot generate cash until it offers a service, and it makes no sense to open a bank account until there is some indication that Qwest intends to rent subloops on terms and prices that are reasonable and cost-based.

QWEST ADMISSION REQUEST NO. 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.

COOP'S RESPONSE

Denied. At the present time, the Coop has no plans to hire anyone.

QWEST ADMISSION REQUEST NO. 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, or (d) injure someone else.

COOP'S RESPONSE

Denied. The Coop believes that many members will require no changes in their inside wiring in order to use the Coop's services. If inside wire charges are required, the customer is responsible for making needed changes to his or her own property.

QWEST ADMISSION REQUEST NO. 20

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

COOP'S RESPONSE

QWEST ADMISSION REQUEST NO. 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; and (d) could be struck by lightening, damaged by other weather (e.g., ice or rain) or damaged by fire.

COOP'S RESPONSE

Denied. With regard to 21(a), if Qwest permits the Coop to launch service, no Coop equipment will be connected in any way to any Qwest equipment of a type requiring compatibility. The Coop's equipment will connect only with distribution subloops that are electrically isolated and insulated from any other Qwest equipment. The Coop admits that its DSLAM is approved by the Federal Communications Commission under Part 68 of the FCC Rules for connection to telephone networks.

With regard to 21(b), the Coop's DSLAM is not defective, as it has worked properly for several months. But even if a defect were to arise, the DSLAM has no contact with any Qwest equipment (only unbundled and separated subloops), so the defective could not harm Qwest's equipment or services in any way.

With regard to 21(c), the Coop's DSLAM requires very little maintenance, and the need for maintenance would not affect Qwest in any way.

With regard to 21(d), the Coop intends to locate its DSLAM indoors, so it will be protected from the weather. A fire is always possible, but extremely remote in likelihood. The Coop has offered to pay for a protector that would provide to Qwest the same level of protection that it enjoys with respect to POTS service. The risk, if any, presented to Qwest's network arising out of the possibility of lightning strike, weather damage, or fire damage to the Coop's equipment are no greater than the risk, if any, presented to Qwest's network arising out of the possibility of lightning strike, weather damage, or fire damage to POTS equipment.

QWEST ADMISSION REQUEST NO. 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.

COOP'S RESPONSE

Denied. If Qwest permits the Coop to launch service, no Coop equipment will be connected to any Qwest equipment of a type requiring compatibility. The Coop's equipment will connect only with distribution subloops that are electrically isolated and insulated from other Qwest equipment. The Coop admits that its DSLAM is approved by the Federal Communications Commission under Part 68 of the FCC Rules for connection to telephone networks.

QWEST ADMISSION REQUEST NO. 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.

COOP'S RESPONSE

Denied. The Coop's equipment poses no risk to Qwest's network for the reasons explained in the responses to Admission Requests Nos. 21 and 22.

QWEST ADMISSION REQUEST NO. 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.

COOP'S RESPONSE

Admitted.

QWEST ADMISSION REQUEST NO. 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.

COOP'S RESPONSE

Denied.

QWEST ADMISSION REQUEST NO. 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.

COOP'S RESPONSE

As noted above, the Coop has no members at the present time. In addition, the Coop has no personal knowledge of insurance policies its prospective customers may carry. The Coop must accordingly deny this request for a lack of knowledge.

QWEST ADMISSION REQUEST NO. 27

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

COOP'S RESPONSE

Denied. Once it becomes operational, the Coop will own personal property and will be generating revenues.

QWEST ADMISSION REQUEST NO. 28

Admit that Ruby Ranch does not carrier workers' compensation insurance.

COOP'S RESPONSE

Admitted.

QWEST INTERROGATORY NO. 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.

COOP'S RESPONSE

Carl Oppedahl has prepared these responses, and he did not rely on any documents in the preparation of the responses, other than those already in Qwest's possession.

QWEST INTERROGATORY NO. 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

COOP'S RESPONSE

For Carl Oppedahl, (a) NeTrack, (b) six, (c) one.

For Jeff Bork, (a) NeTrack, (b) four, (c) one.

For John Drake, (a) America Online, (b) two, (c) one.

QWEST INTERROGATORY NO. 3

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

COOP'S RESPONSE

The Coop cannot generate cash until it commences service, and it will acquire the equipment it needs once Qwest agrees to lease subloops on terms and prices that are reasonable and cost-based.

QWEST INTERROGATORY NO. 4

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

COOP'S RESPONSE

The Coop would vigorously defend any meritless claim for personal injury or property damage. The Coop considers it vanishingly unlikely that any party would have a meritorious claim against the Coop, as the Coop's proposed activities are vanishingly unlikely to cause personal injury or property damage to anyone.

QWEST INTERROGATORY NO. 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.

COOP'S RESPONSE

The Coop has made no such claim.

QWEST INTERROGATORY NO. 6

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

COOP'S RESPONSE

The Coop currently owns no equipment. However, several board members have purchased some equipment (a Copper Mountain CopperEdge CE-150 DSLAM, a Netopia R- 7100 router, and a variety of telephone and power cables) which they intend to transfer to the Coop once it becomes operational.

QWEST INTERROGATORY NO.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.

COOP'S RESPONSE

If Qwest permits the Coop to launch service, the Coop will use a Copper Mountain CopperEdge CE-150 DSLAM, one or two Netopia R-7100 routers, direct-bury gel-filled telephone cable, at least one 66-type punch-down block, at least one 25-pair cable with 50-pin AMP connectors at both ends. Coop-member-customers would need to obtain a SDSL modem, such as 3Com model 80-003525-00 SDSL modem, Copper Mountain CopperRocket 201 SDSL modem, Xpeed 320 SDSL modem, or Netopia M7100-C SDSL modem.

QWEST INTERROGATORY NO.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.

COOP'S RESPONSE

With regard to 8a, Coop equipment would be located on property owned by the Willow Brook Metropolitan District, c/o Schroder Management Company LLC, 7475 E Peakview Ave #10, Englewood, CO 80111-6703.

With regard to 8b, the Coop is not aware of the specific insurance coverage maintained by the Metropolitan District.

QWEST INTERROGATORY NO.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

COOP'S RESPONSE

It is anticipated that once it becomes operational, the Coop would accumulate reserves and spare parts sufficient to cover reasonably foreseeable risks to its network and equipment. The Coop may also ask for contributions from its members in the event repairs to its network or equipment are needed.

QWEST INTERROGATORY NO. 10

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

COOP'S RESPONSE

See the response to Interrogatory No. 9

QWEST INTERROGATORY NO. 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 removal in the initial installation of 2-Wire Analog Unbundled Loops, (d) Subloops -- 2-Wire Distribution Loops

COOP'S RESPONSE

The Coop is not familiar with the proceeding involving Qwest's SGAT because that proceeding is not relevant to the request that the Coop made of Qwest. The Communications Act specifies, and regulatory decisions have confirmed, that Qwest is required to lease subloops to the Coop on terms that are reasonable and with prices based on the cost of provisioning the subloops to the Coop.

The facts upon which the Coop intends to rely in support of its belief that the prices that Qwest has quoted to the Coop are not cost based are contained in numerous letters and emails that the Coop has ready submitted to Qwest, many of which were appended to the Coop's discovery requests. No purpose would be served by repeating all those facts here. Besides, the Coop will repeat these facts shortly in its prefiled testimony.

QWEST INTERROGATORY NO. 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.

COOP'S RESPONSE

The Coop does not ask Qwest to provision subloops at a price less than its costs (as defined in the Communications Act and implementing regulatory decisions), and Carl Oppedahl is the Coop's most knowledgeable person on this subject.

QWEST INTERROGATORY NO. 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.

COOP'S RESPONSE

Qwest has represented to the Coop that the only rates the Coop will have to pay to launch its service are(a) the Quote Preparation Fee, (b) a Field Connection Point installation fee, (b) a non-recurring fee for installation of each subloop, and (d) a monthly recurring fees for rental of subloops. Qwest has not yet revealed what it proposes to charge for the Field Connection Point installation fee, so the Coop is presently unable to say whether it will find such fee to be unreasonable. Because Qwest is required by statute by base its prices on its costs, the Coop presumes this fee will consistent of two componentsthe actual cost of the screw terminal block and the labor cost for installing the terminal.

The Coop also notes that in the latest SGAT, most of the Quote Preparation Fees are creditable toward later construction costs. Qwest has not said whether the Quote Preparation Fee for our Field Connection Point would be creditable toward the construction cost of our Field Connection Point. If Qwest's position is that it is not creditable, then we likewise object. We also note that the price Qwest proposes to charge for the Quote Preparation Fee exceeds, probably by several times, the construction cost we believe would be fair for the Field Connection Point, which puts into further question the supposed reasonableness of the Quote Preparation Fee.

Because Qwest has said that no other rates would apply to the lease of subloops, the Coop cannot answer this Interrogatory further.

QWEST INTERROGATORY NO. 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.

COOP'S RESPONSE

The Coop cannot answer this Interrogatory. Qwest's Proposed Interconnection Agreement is over a 200 pages long, and it appears that most of the document addresses subjects that have no relevance to the Coop's request to lease subloops. The Coop, composedly solely of volunteers with demanding day jobs, does not have the enormous time that would be required to scour a document of this size and to discern every pitfall that may be contained therein. It is, moreover, unreasonable for Qwest to require that the Coop "negotiate down" from an enormous and largely irrelevant document. It was precisely because of these concerns that the Coop responded by submitting to Qwest a proposed interconnection agreement of fewer than ten pages that, it believes, more than adequately covers its simple and modest needs.

QWEST INTERROGATORY NO. 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.

COOP'S RESPONSE

The Coop has not yet determined what documents it plans to proffer into evidence in this proceeding. The Order of the Administrative Law Judge calls for the parties to file witness and exhibit lists on January 17, 2002, and the Coop intends to comply fully with this provision of the Order.

QWEST INTERROGATORY NO. 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.

COOP'S RESPONSE

The Coop has not yet determined what witnesses call in this proceeding. The Order of the Administrative Law Judge calls for the parties to file witness and exhibit lists on January 17, 2002, and the Coop intends to comply fully with this provision of the Order.

QWEST DOCUMENT REQUEST NO. 1

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

COOP'S RESPONSE

See enclosed documents as well as documents produced to Qwest on December 12, 2001.

QWEST DOCUMENT REQUEST NO. 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.

COOP'S RESPONSE

Because the Coop has been unable to commence service, the Coop has no financial statement or general ledger.

QWEST DOCUMENT REQUEST NO. 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.

COOP'S RESPONSE

See publicly available documents on the Coop's web site detailing the Coop's proposed network, copies of which are provided herewith. See also slides provided to Qwest personnel for the July 26, 2001 conference.

CERTIFICATE OF SERVICE

The undersigned certified that on this 12th day of January, 2002, a true and correct copy of the foregoing PETITIONER'S RESPONSE TO QWEST'S FIRST DISCOVERY REQUESTS was sent to the following persons via facsimile and email

Timothy M. Tymkovich

ttymkovich@halehackstaff.com

fax 303-592-8710

and was served via first-class mail prepaid on January 12, 2002

Timothy M. Tymkovich

Hale Hackstaff Tymkovich & ErkenBrack LLP

1675 Broadway, Suite 2000

Denver, CO 80202

Kris A. Ciccolo

Qwest Services Corporation

1005 17th Street, Suite 200

Denver, CO 80202

______________________________

Carl Oppedahl