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 SECOND DISCOVERY REQUESTS TO
QWEST
The Ruby Ranch Internet Cooperative Association ("Coop"), pursuant to Rule 77(b), serves the following as its Second Discovery Requests to Qwest Corporation ("Qwest").
Definitions
A. "Crossbox" means the Qwest cross-connection box located at the intersection of Ruby Road and Emerald Road in Summit County, Colorado.
B. "Neighborhood" means the neighborhood commonly known as Ruby Ranch, including Agate Road, Diamond Road, Emerald Road, Garnet Road, Jade Road, Opal Road, Pearl Road, Ruby Road and Topaz Road, in Summit County, Colorado.
C. "Proposed Interconnection Agreement" means the document Qwest submitted to the Coop on or about June 1, 2001 and the revised document that Qwest submitted to the Coop on or about August 14, 2001.
Requests for Admission
96. Admit that from time to time that Qwest does not charge new customers an activation fee for its DSL services.
97. Admit that there are no locks on the doors of the Crossbox.
98. Admit that Qwest and its predecessors (e.g., U S WEST, Mountain Bell) have not locked the doors to the Crossbox since its installation.
99. Admit that Qwest and its predecessors (e.g., U S WEST, Mountain Bell) have never locked the doors to the telephone pedestals located in the Neighborhood.
100. Admit that the Willow Brook Metropolitan District(a) currently makes use of copper pairs from Qwest within the Neighborhood relating to its water system, and (b) has made use of such pairs from Qwest and its predecessors (e.g., U S WEST, Mountain Bell) for over fifteen (15) years.
101. Admit that Qwest has not required the Willow Brook Metropolitan District to provide an insurance policy naming Qwest as a beneficiary as a condition of making use of copper pairs from Qwest in the Neighborhood.
102. Admit that prior to January 13, 2002, Qwest has never submitted to the Coop any cost studies or other cost justification to justify the rates contained in its Proposed Interconnection Agreement.
103. In its response to the Coop's Admission Request No. 91, Qwest denied that it had proposed during the August 27, 2001 conference to drop its insurance requirement if the Coop were to pay higher prices than those proposed by Qwest in the Proposed Interconnection Agreement. Admit that during this August 27, 2001 conference, Qwest discussed the possibility of dropping its insurance requirement if the Coop were to pay higher prices than those proposed by Qwest in the Proposed Interconnection Agreement.
104. Admit that using voice telephone lines as provided by Qwest to customers in the Neighborhood, it is not possible to obtain modem connection speeds faster than 28 kilobits per second, even using V.90 modems.
105. Admit that Qwest does not provide any dial-up access number for Qwest.net modem Internet access that is a local telephone call for telephone customers in the Neighborhood.
106. Admit that the cable distance between Qwest facilities in the Neighborhood and the Remote Terminal on Badger Road exceeds one-half mile.
107. Admit that the cable distance between Qwest facilities in the Neighborhood and the Dillon central office exceeds two miles.
Interrogatories
18. In its responses to the Coop's Admission Request Nos. 71, 72, 76, 77, 83 and 84, Qwest denied that it had failed to provide supporting cost data for its various prices at various points in time. For each of these admission requests, identify with precision all cost data or documents Qwest claims to have provided to the Coop at each point in time.
Request for Production of Documents and Things
6. Produce a 100-pair screw terminal block of the type used in the cross-connect box at the corner of Ruby and Emerald Roads on Ruby Ranch. (The Coop will return the terminal block following the hearing, although the Coop would encourage Qwest to install the terminal block in the Crossbox.)
7. In its answer to the Coop's Interrogatory No. 3, Qwest referred to "technical standard ANSI T1-417" and "all related documentation in Qwest Technical publications, ANSI, Bellcore/Telcordia, and the vendor specific standards for all equipment placed in the Network." Produce all such identified documents that Qwest believes are relevant to the risks it believes the Coop and its proposed services would pose to Qwest or any of its equipment and facilities.
Dated this 13th 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
January 13, 2002
CERTIFICATE OF SERVICE
The undersigned certified that on this 13th day of January,
2002, a true and correct copy of the foregoing PETITIONER'S DISCOVERY
REQUEST TO QWEST was sent to the following persons via facsimile and
email
Timothy M. Tymkovich
ttymkovich@halehackstaff.com
fax 303-592-8710
and will be served via first-class mail prepaid on January
14, 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