BEFORE THE PUBLIC SERVICE COMMISSION OF UTAH
______
In the Matter of the Petitions )
of Bresnan Broadband of Utah, ) Docket No.
LLC, to Resolve Dispute Over ) 08-2476-02
Interconnection of Essential )
Facilities and for Arbitration )
to Resolve Issues Relating to )
an Interconnection Agreement )
with UBTA-UBET Communications, )
Inc. )
______
TRANSCRIPT OF HEARING PROCEEDINGS
VOLUME I
______
TAKEN AT: Public Service Commission
160 East 300 South, Room 451
Salt Lake City, Utah
DATE: 27 January 2009
TIME: 9:30 a.m.
REPORTED BY: Debra A. Dibble; CSR, RPR
1 APPEARANCES
2 Administrative Law Judge:
3 Ruben Arredondo
4
For Bresnan Communications, LLC:
5
THORVALD A. NELSON
6 Attorney at Law
Holland & Hart
7 8390 Crescent Parkway
Suite 400
8 Greenwood Village, Colorado 80111
(303) 290-1601
9
For UBTA-UBET Communications, Inc.:
10
KIRA SLAWSON
11 Attorney at Law, LC
Blackburn & Stoll
12 257 East 200 South
Suite 800
13 Salt Lake City, Utah 84111-2048
(801) 521-7900
14 (801) 578-3579 (fax)
15 For the Utah Rural Telecom Association:
16 STEPHEN F. MECHAM
Attorney at Law
17 CALLISTER, NEBEKER & McCULLOUGH
10 E. South Temple
18 Suite 900
Salt Lake City, Utah 84133
19 (801) 530-7300
(801) 364-9127 (fax)
20
For the Division of Public Utilities:
21
MICHAEL L. GINSBERG, ESQ.
22 OFFICE OF THE ATTORNEY GENERAL
160 East 300 South, Fifth Floor
23 Post Office Box 140857
Salt Lake City, Utah 84114-0857
24 (801) 366-0353
(801) 366-0352 (fax)
25
-oOo-
2
1
2 EXHIBITS
3
BRESNAN EXHIBITS:
4
1 Petition to Resolve Dispute over
5 Interconnection of Essential Facilities.
2 Bresnan Broadband of Utah, LLC's Response
6 To Division of Public Utilities' Second
Set of Data Requests.
7 3 Quest Utah SGAT Seventh Revision,
Exhibit A.
8 4 UBTA-UBET Communications, Inc's Responses
To Bresnan Broadband of Utah, LLC's
9 Second Set of Data Requests.
5 Harris replacement pages.
10 6 12/6/04 letter to Stanley Stoll from
Julie Orchard, with attachments.
11 7 Direct Testimony of Peggy N. Egbert/
Docket 03-2403-02.
12 (ADMINISTRATIVE NOTICE.)
8 Rebuttal Testimony on Cost Analysis
13 For Interconnection rates of Peggy
N. Egbert/Docket 03-2403-02.
14 (ADMINISTRATIVE NOTICE.)
9 Direct Cost Analysis Testimony of
15 Jonathan Lee/Docket 03-2403-02
(ADMINISTRATIVE NOTICE.)
16 10 Rebuttal cost Analysis Testimony of
Jonathan Lee/Docket 03-2403-02
17 (ADMINISTRATIVE NOTICE.)
18
UBTA-UBET EXHIBITS:
19
1 Direct Testimony of Valerie Wimer on
20 Behalf of UBTA-UBET Communications, Inc.
2 Current interconnects.
21 3 Proposed language changes for UBTA-UBET's
original Essential Facilities Agreement.
22 4 Bresnan Broadband of Utah LLC's Response
To UBTA-UBET Communications, Inc.'s
23 First Set of Data Requests.
5 U.S. Code Collection. (Withdrawn)
24
25
3
1 EXHIBITS (continued)
2 URTA EXHIBITS:
3 1 Direct Testimony of Douglas Duncan
Meredith on behalf of URTS and UBTA-
4 UBET, Communications, Inc.
5
DEPARTMENT OF PUBLIC UTILITIES EXHIBITS:
6
1 Direct Testimony of Casey J. Coleman.
7 2 Interconnection Agreement.
(Union/UBTA-UBET)
8 3 Interconnection Agreement (UBTA-UBET/WWC)
4 UBTA-UBET Responses to DPU's Second Set
9 of Data Requests.
10
I N D E X
11
Witness: Page
12
ALEX HARRIS:
13 Direct Examination by MR. NELSON: 8
Cross Examination by MS. SLAWSON: 36
14 Cross Examination by MR. MECHAM: 76
Cross Examination by MR. GINSBERG: 99
15 Recross Examination by MR. MECHAM: 153
Recross Examination by MR. GINSBERG: 157
16 Recross Examination by MR. NELSON: 160
Recross Examination by MS. SLAWSON: 169
17
DOUGLAS D. MEREDITH:
18 Direct Examination by MR. MECHAM: 173
Cross Examination by MR. NELSON: 197
19 Cross Examination by MR. GINSBERG: 245
Redirect Examination by MR. MECHAM: 258
20
VALERIE WIMER:
21 Direct Examination by MS. SLAWSON: 259
Cross Examination by MR. NELSON: 356
22 Cross Examination by MR. GINSBERG: 564
Redirect Examination by MS. SLAWSON: 594
23 Recross Examination by MR. NELSON: 600
24
25
4
1
I N D E X (continued)
2
Witness: Page
3
ALEX HARRIS:
4 Direct Examination by MR. NELSON: 607
Cross Examination by MS. SLAWSON: 646
5 Cross Examination by MR. MECHAM: 661
6 CASEY J. COLEMAN:
Direct Examination by MR. GINSBERG: 669
7 Cross Examination by MR. NELSON: 675
Cross Examination by MS. SLAWSON: 708
8 Cross Examination by MR. MECHAM: 720
Recross Examination by MR. NELSON: 728
9
DOUGLAS D. MEREDITH:
10 Direct Examination by MR. MECHAM: 730
Cross Examination by MR. GINSBERG: 742
11
12
13
14
15
16 REPORTER'S CERTIFICATE: 281
17
18
19
20
21
22
23
24
25
5
27 January 2009 * PCS Arbitration, Bresnan/UBTA-UBET * 08-2476-02
1 P R O C E E D I N G S
2 (Whereupon, Exhibit Nos. B1 through
3 B4 were marked for identification.)
4 ADMINISTRATIVE LAW JUDGE: We are on the
5 record. This is the matter of the petition of Bresnan
6 Broadband of Utah, LLC to resolve dispute over
7 interconnection of essential central facilities and for
8 arbitration to resolve issues relating to an
9 interconnection Agreement with UBTA-UBET
10 Communications, Inc.; Docket No. 082476-02.
11 Let's take appearances first.
12 We'll start with Bresnan.
13 MR. NELSON: Good morning, Your Honor.
14 Thorvald Nelson of the law firm of Holland & Hart,
15 appearing behalf of Bresnan.
16 With me at counsel table is Mr. Jerold
17 Lambert of Bresnan, and Mr. Alex Harris, also of
18 Bresnan.
19 MS. SLAWSON: Good morning, Your Honor.
20 Kira Slawson, from Blackburn & Stoll, on behalf of
21 UBTA-UBET Communications, Inc.
22 And with me at counsel's table is Valerie
23 Wimer, with JSI.
24 ADMINISTRATIVE LAW JUDGE: Thank you.
25 MR. MECHAM: Good morning. Steve Mecham,
6
27 January 2009 * PCS Arbitration, Bresnan/UBTA-UBET * 08-2476-02
1 representing Real Telecom Association. And I have with
2 me Douglas Meredith, who will be testifying later
3 today.
4 ADMINISTRATIVE LAW JUDGE: All right.
5 Great.
6 MR. GINSBERG: Michael Ginsberg,
7 representing the Division of Public Utilities.
8 And the Division witness is Casey Coleman,
9 who is present in the room.
10 ADMINISTRATIVE LAW JUDGE: Thank you.
11 Before we start, are there any issues that
12 need to be raised? Anything we need to talk about?
13 Before commencing?
14 Okay.
15 MR. MECHAM: Your Honor, excuse me. I did
16 note to both you yesterday, and I told this to
17 Mr. Nelson, that I would suggest, as far as the order
18 of cross-examination is concerned, Ms. Slawson precede
19 me, and then I will follow.
20 ADMINISTRATIVE LAW JUDGE: Okay.
21 MR. MECHAM: If that's okay.
22 ADMINISTRATIVE LAW JUDGE: Okay.
23 MS. SLAWSON: Additionally, Your Honor,
24 procedurally, as you're aware, UBTA-UBET filed a motion
25 to dismiss in this matter, which obviously the
7
27 January 2009 * PCS Arbitration, Bresnan/UBTA-UBET * 08-2476-02
1 Commission denied. And for purposes of preserving the
2 record on appeal, we'd just like to renew that motion
3 at this time.
4 We are aware of the Commission's position,
5 and all of the parties have done a briefing. But for
6 purposes of appeal, we'd like to preserve that.
7 ADMINISTRATIVE LAW JUDGE: Okay.
8 MS. SLAWSON: Thank you.
9 ADMINISTRATIVE LAW JUDGE: Thank you.
10 Then let's go ahead and begin with
11 Mr. Nelson.
12 MR. NELSON: Thank you, Your Honor. Bresnan
13 would call to the stand Mr. Alex Harris, please.
14 ADMINISTRATIVE LAW JUDGE: Mr. Harris, can
15 you raise your right hand for me?
16 ALEX HARRIS,
17 having first been duly sworn, was examined and testified
18 as follows:
19 DIRECT EXAMINATION
20 BY MR. NELSON:
21 Q. Good morning, Mr. Harris.
22 A. Good morning.
23 Q. Mr. Harris, will you please state and spell
24 your name for the record?
25 A. Alex J. Harris. A-L-E-X, middle initial J,
8
27 January 2009 * PCS Arbitration, Bresnan/UBTA-UBET * 08-2476-02
1 last name H-A-R-R-I-S.
2 Q. And by whom are you employed, and in what
3 capacity?
4 A. I am employed by Bresnan Communications, as
5 Vice President Network Planning and Industry Affairs.
6 Q. And what are your responsibilities within
7 that job, at a high level?
8 A. I am responsible for planning our use of
9 transmission facilities in our network for
10 interconnection with other service providers and
11 carriers, and -- or things per -- other matters
12 pertaining to those areas.
13 Q. Okay.
14 MR. NELSON: May I approach, Your Honor?
15 ADMINISTRATIVE LAW JUDGE: Yes, you may.
16 Q. (BY MR. NELSON) Mr. Harris, first I've
17 placed in front of you what's been marked for
18 identification as Exhibit B1. Do you see that
19 document, sir?
20 A. Yes, I do.
21 Q. And can you tell me what that document is?
22 A. It is my pre-filed testimony and exhibit in
23 this case. The exhibit was the -- the proposed --
24 present proposed Interconnection Agreement, all of
25 which was filed in late November.
9
27 January 2009 * PCS Arbitration, Bresnan/UBTA-UBET * 08-2476-02
1 Q. Okay.
2 And if I asked you the questions related --
3 or if I asked you the questions included in that
4 pre-filed testimony today under oath, Mr. Harris, would
5 your answers be the same?
6 A. Yes, they would.
7 MR. NELSON: Move the admission of B1.
8 ADMINISTRATIVE LAW JUDGE: Any objection?
9 MR. MECHAM: No.
10 ADMINISTRATIVE LAW JUDGE: Go ahead and
11 admit that.
12 (Whereupon, Exhibit No. B1
13 was admitted.)
14 Q. (BY MR. NELSON) Okay.
15 Before we get to your summary, Mr. Harris, I
16 wanted to also ask you if you could please take a look
17 at what's been marked for identification as Exhibit B2.
18 A. Yes.
19 Q. And can you tell me what that is?
20 A. This is Bresnan Broadband's response to the
21 staff data requests, second set of staff data requests.
22 This includes two attachments, one of which
23 was a red-line -- which Bresnan prepared -- of the UBET
24 proposed agreement, and the other is a set of --
25 spreadsheet workpaper that Bresnan had prepared.
10
27 January 2009 * PCS Arbitration, Bresnan/UBTA-UBET * 08-2476-02
1 Q. Okay.
2 MR. NELSON: Your Honor, do you need a copy
3 of B2? Do you have that handy?
4 ADMINISTRATIVE LAW JUDGE: Is that the data
5 request responses?
6 MR. NELSON: Yes.
7 ADMINISTRATIVE LAW JUDGE: I don't have that
8 yet.
9 MR. NELSON: Okay.
10 This is B2.
11 ADMINISTRATIVE LAW JUDGE: Okay.
12 MR. NELSON: And while I'm up here, this is
13 B3. And it looks like I've got the wrong one.
14 This one is B4.
15 ADMINISTRATIVE LAW JUDGE: Okay.
16 Q. (BY MR. NELSON) And, Mr. Harris, were you
17 responsible for the data responses and the attachments
18 that are reflected on Exhibit B2?
19 A. Yes.
20 Q. Okay.
21 MR. NELSON: Move the admission of Exhibit
22 B2, please.
23 ADMINISTRATIVE LAW JUDGE: Any objections?
24 MR. MECHAM: None.
25 ADMINISTRATIVE LAW JUDGE: We'll go ahead
11
27 January 2009 * PCS Arbitration, Bresnan/UBTA-UBET * 08-2476-02
1 and admit those.
2 (Whereupon, Exhibit No. B2
3 was admitted.)
4 Q. (BY MR. NELSON) Okay.
5 Now, part of Exhibit B2, Mr. Harris,
6 includes some spreadsheets that are reflected, if you
7 look at the very back of Exhibit B2, the final five
8 pages. Do you see those, sir?
9 A. Yes, I do.
10 Q. Okay.
11 And just -- while we're getting this
12 administrative stuff out of the way, I wanted to talk
13 to you about some of the data sets that you used with
14 respect to those spreadsheets.
15 Would you look for me at what's been marked
16 for identification as Exhibit B3?
17 A. Yes.
18 Q. And can you tell me what that is?
19 A. This is the current Qwest Utah Exhibit A
20 price list to the Qwest SGAT for Utah.
21 Q. And is this a document that you used in
22 coming up with some of the numbers that are reflected
23 in the spreadsheets that are at the back of B2?
24 A. Yes. Certain of the prices listed in
25 this -- in this SGAT price list were used as inputs
12
27 January 2009 * PCS Arbitration, Bresnan/UBTA-UBET * 08-2476-02
1 into the -- the B2 spreadsheets.
2 Q. Okay.
3 MR. NELSON: Move the admission of
4 Exhibit B3.
5 ADMINISTRATIVE LAW JUDGE: Any objections?
6 MR. MECHAM: No.
7 ADMINISTRATIVE LAW JUDGE: We'll admit
8 those.
9 (Whereupon, Exhibit No. B3
10 was admitted.)
11 MR. NELSON: Okay.
12 Q. (BY MR. NELSON) And then lastly, I'd ask
13 you, Mr. Harris, to look at what's marked for
14 identification as Exhibit B4.
15 A. Yes.
16 Q. And can you tell me what those are?
17 A. These are the data requests that Bresnan
18 sent to UBTA and UBET, and the responses that UBTA UBET
19 provided.
20 Q. And I'd call your attention in particular to
21 the response submitted to Request 2.1, which you'll see
22 on page two of what's been marked for identification as
23 Exhibit B4.
24 Do you see that, sir?
25 A. Yes, I do.
13
27 January 2009 * PCS Arbitration, Bresnan/UBTA-UBET * 08-2476-02
1 Q. And is that also data that you used in the
2 preparation of the spreadsheets that were included in
3 Exhibit B2?
4 A. Yes.
5 MR. NELSON: Move the admission of
6 Exhibit B4.
7 ADMINISTRATIVE LAW JUDGE: Any objections?
8 MS. SLAWSON: No objections.
9 ADMINISTRATIVE LAW JUDGE: We'll admit that.
10 (Whereupon, Exhibit No. B4
11 was admitted.)
12 MR. NELSON: Okay.
13 Q. (BY MR. NELSON) Mr. Harris, in your original
14 testimony, which has been admitted as Exhibit B1, you
15 submitted, as an exhibit to that testimony, a document
16 entitled a Traffic Exchange Agreement. Do you recall