October 19, RE: UCB 57 Cobalt Realty Group, LLC vs. Qwest Corporation

Transcription

1 CARLA M. BUTLER October 19, 2011 Oregon Public Utility Commission Attn: Filing Center 550 Capitol Street NE, Ste 215 Salem, OR RE: UCB 57 Cobalt Realty Group, LLC vs. Qwest Corporation Dear Commission: Enclosed for filing, please find an original and one copy of Qwest Corporation s Outstanding Issues and Proposed Accounting, along with a certificate of service. If you have any questions or concerns regarding these copies, please do not hesitate to contact me. Sincerely, Carla M. Butler Paralegal Enclosures cc: Service List 310 SW Park Ave., 11 th Flr. Portland, OR Ph Fx carla.butler@centurylink.com

2 BEFORE THE PUBLIC UTILITY COMMISSION OF OREGON UCB 57 COBALT REALTY GROUP LLC ) ) Complainant, ) BRIEF OF QWEST CORPORATION ) ON OUTSTANDING ISSUES AND vs. ) PROPOSED ACCOUNTING ) QWEST CORPORATION ) ) Defendant. ) Defendant Qwest Corporation ( Qwest ) hereby provides its Outstanding Issues and Proposed Accounting. Outstanding Issues on Account No Issue: Brochure information: Complainant states Qwest is misleading its customers, or violating the law. Qwest Response: Qwest s Terms and Conditions, and Taxes, Fees and Surcharges are printed on page 2 of its brochures, and state: Terms and Conditions All products and services listed are governed by tariffs, terms of service, or terms and conditions posted at centurylink.com/small-business/disclaimers. Taxes, Fees and Surcharges applicable taxes, fees and surcharges include a carrier Universal Service charge, carrier cost recovery surcharges and state and local fees that vary by area and certain in-state surcharges. Cost recovery fees are not taxes or government required charges for use. Taxes, fees and surcharges apply based on standard monthly, not promotional, rates. (Please see attached brochure which was provided with Complainant s Evidence of Sales Brochures in Dispute statement, filed on October 5, 2011). Qwest believes much of Complainant s dispute is with the fact he has been charged additional taxes, fees and surcharges. These charges are clearly referenced in Page 1 Qwest s Outstanding Issues and Proposed Accounting Qwest 310 SW Park Avenue, 11 th Floor Portland OR 97205

3 Qwest s marketing materials and are part of the rate charged to all other Core Connect customers. Consequently, the fact that there would be additional charges to Complainant was properly disclosed. Proposed Accounting 2. Issue: Complainant believes he is being double charged for services. Qwest Response: The charges Complaint believes should not appear on his statement are correct and include applicable taxes, fees and surcharges. Qwest has applied a total of $1, in credits to Complainant s account to compensate Complainant for the difference between the misquoted rate of $185 per month and the applicable rate, from February 2010 through August Pending resolution of this docket, Qwest will begin billing Complainant at the current tariffed rate. Once again, Qwest states Complainant may terminate its Core Connect Agreement prior to its expiration date without incurring any early termination fees. 3. Issue: Rate going forward. Qwest Response: ORS requires Qwest to charge Complainant and all other customers no more and no less than the rates specified in Qwest s rate schedules filed with the Commission. Qwest has admitted it made an error in quoting the Complainant rates for its Core Connect Service. Qwest has made the Complainant whole as discussed above. However, Complainant now seeks to take advantage of Qwest s original error by seeking an Order from the Commission which would give him a special rate for the remaining life of the Core Connect contract. By law, Qwest cannot offer Complainant this rate as it is different than the rate filed with the Commission and Page 2 Qwest s Outstanding Issues and Proposed Accounting Qwest 310 SW Park Avenue, 11 th Floor Portland OR 97205

4 would benefit Complainant at the expense of other Core Connect customers. The question the Commission must decide is whether the Commission has the authority to grant Complainant s request for a special rate. Qwest submits that it does not. CONCLUSION In order to fully resolve all past issues raised by Complainant, Qwest has posted credits on Complainant s billing statements from February 2010 through August This brings to date, total credits in the amount of $1, These credits fully address the misquoted monthly rate and all associated late charges pending resolution of this docket. Furthermore, Qwest s marketing materials properly disclosed the existence of additional charges for Qwest s Core Connect service as demonstrated in the attached material. These facts, coupled with the statutory requirement that Qwest charge Complainant the rate on file with the Commission require the Commission to dismiss Complainant s Complaint. DATED this 19 th day of October, Charles L. Best, OSB No Attorney at Law 1631 NE Broadway, Suite 538 Portland, OR Ph: (503) Fax (503) charlesbestlaw@q.com Page 3 Qwest s Outstanding Issues and Proposed Accounting Qwest 310 SW Park Avenue, 11 th Floor Portland OR 97205

5 31493 * *** ** *** * * * * AUTO**3-DIGIT 974 VN58 OBOGE18XDM Brock & Association PO Box Eugene OR Real Estate N co i» Ol tv ' , " 1, '11'1"11,11111"11111' Dear Centurvl.ink' Core Connect" Customer, You love your Core Connect service for all it offers-but did you know it could give you even more? When you bundle your existing second phone line with your Core Connect service, things get simpler and more flexible. Your number stays the same, but business gets easier: two lines, one bill, all the possibilities in the world. Use your second line to:,/ Handie high-volume calls,./ Have a dedicated line for vendors,/. Improve your customer service Replace your existing second phone line with an Unlimited Business Voice line, and add possibility with: Unlimited local and nationwide long-distance calling r/ Call anywhere in the country Let us take care of replacing your second line with an Unlimited line. Call your Dedicated Business Team now at '"I or visit Business Voice centurvllnk.eom/cc. The process takes only a few minutes, and then you'li be back to business. Sincerely, ~y0 Scott Berns CenturyLink Small Business Marketing Up to 15 special All for just features per month 1 877=816~8550 centurylink.com/cc I by a CenturyLink store _ ;..'.1,<: Centurvl.lnk- ~.. ~:' ~'~~~~ne::.~:--~ Owest is now CenturyLink. foh-h/11

6 Existing Core Connect customers. up to!0 lines per location oniy. listed fate of S35.00/mo. includes unlimited local and domestic Ionq-distence caliinq, listed features end requires a 12-,24- or 36-month term commitment (after which the rate ravsrts to the then-current standard ratel, General- Services. offers and combined billing not evauebte evervwnere, CenturyUnk may change Of cancerservices or substitute similar services at its sola discretion without notice. Offer, plans,md stated rates ere subject to change and may vary bvservice area, Requires credit approval and deposit mav be required. Off2r :l1cy nct be combined with other otters. Additional restrictions appl'{.terms and Conditions - All products and services listed are qovsrned tj\' tariffs, terms of service, or terms and conditions posted at cemurvnnk.com/smeu-tusiness/cisctaimers. Taxes, Fees and Surcharges - Applicable taxes. fees and surcharges include a carrier Universal Service charge. carder cost recovery surcharges and state and locsl fees that varv by area and C8n8!n in-state surcharges. Cost recoverv fees are nut taxes or govemment required charges for use. Taxes, fees and surcharges apply based on standard monthly, not promotional, rates. Unlimited Business Voice - Early terminetion fee will app!y in the amount of $100 (12'month term). S200 [Zq-monrb term) or 5300!36 month terml prorated for the number of months remaining in the tsrrn. Applies to 1 business phone line with direct-dial local and nanonwide voice calling, desiqratec cailing rearures and unlimited nationwide long-distance service, including ail U.S. states, Puerto Rico, Guam, USVirgin Islands and Canada;sxcknies data and facsimile services {including dial-up Internet connections). conference lina~, directory and operator assistance. chai lines, pav-per-cell. calling Carduse. Restrictions on number of locoi and long-distance packages/plans per account apply. Usage may be monitored, and customer may be required to show ccmplience if usage exceeds minutes/mo. or non-compliance indicated. International cal/ing billed separately CenturyUnk, Inc.,fl.II Rights Reserved. The Centurvlink mark. pathways logo and certain Centui'vUnk product names cia the p;c~srtv of Centurr'lir:k. lr:c. ;l,1iothsr :TIar;:sare the crocertv of their respective owr.srs.

7 CERTIFICATE OF SERVICE UCB 57 I hereby certify that on the 19 th day of October, 2011, I served the foregoing QWEST CORPORATION S OUTSTANDING ISSUES AND PROPOSED ACCOUNTING in the above entitled docket on the following person via transmission and, via U.S. Mail by mailing a correct copy in a sealed envelope, with postage prepaid, addressed to the address shown below, and deposited in the U.S. post office at Portland, Oregon. Norm Brock Cobalt Realty Group, LLC 3045 W. 11 th P.O. Box Eugene, OR normbrock@msn.com DATED this 19th day of October, QWEST CORPORATION By: CARLA M. BUTLER 310 SW Park Avenue, 11 th Flr. Portland, OR Telephone: Facsimile: carla.butler@centurylink.com Paralegal for Qwest Corporation