McDowell & Rackner PC

McDowell & Rackner PC @ @ @ @ @ @ @ @ @ @ @ @ @ @ LlsR F. RRcrruen '''",:L8ff fl"i:::: July 31,007 VA ELECTRONC FLNG PUC Filing Center Public Utility Commission of Oregon PO Box 8 Salem, OR 97308-8 Re: DocketARB 789 Pursuant to ALJ Arlow's July 6,007 Memorandum and Bench Requests dated that same day, B.eaver Creek Cooperative Telephone Company and Clear Creek Mutual Telephone Company file the attached Joint Statement of Undisputed Facts and Joint Responses to bench neqúestê. Very truly y Phone: 503.595.39 ø Fax: 503.595.398 ø www.mcd-lawcom 505W Sixth Avenue, Suite 830 o Portland,0regon 9704

1 3 4 5 6 7 BEFORE THE PUBLC UTLTY COMMSSON OF OREGON ARB 789 n the Matter of the PetÍtion of CLEAR CREEK MUTUAL TELEPHONE COMPANY for Arbitration of an lnterconnection Agreement with BEAVER CREEK COPPERATVE TELEPHONE COMPANY. Pursuant to 47 U.S.C. SS 51, 5 JONT STATEMENT OF UNDSPUTED FACTS AND JONT RESPONSES TO BENCH REQUESTS 8 Pursuanto the Administrative Law Judge's ('ALJ') Memorandum, dated July 6, g 007, and in response to the ALJ's Bench Requests issued on that same date, Beaver 1g Creek Cooperative Telephone Company ("Beaver Creek" or "BCT") and Clear Creek Mutual 11 Telephone Company ("Clear Creek" or "CCMT") file this Joint Statement of Undisputed 1 Facts and Joint Responses to Bench Requests.. JONT STATEMENT OF UNDSPUTED FACTS 1. BCT is a rural cooperative telephone company. lt is the incumbent local 15 exchange carrier ("LEC") in the Beaver Creek exchange and a competitive local exchange 16 carrier ("CLEC') throughout the rest of the state. 17 ' CCMT is a rural cooperative telephone company. lt is the LEC in the 16 Redland exchange. 19 3. As a cooperative, BCT provides local and long distance voice, video and 9 broadbandata services to Clackamas wire center in Qwest territory and to a portion of the 1 rural community in the Redland exchange. BCT provides these services over its own facilities-based network which includes fiber, copper, and coaxial cable. 3 4' BCT's customers in the Redland exchange are being served entirely on 4 BCT's network. 5 5. BCT has committed that it will not attempto purchase unbundled network 6 elements, finished services for resale, or collocation from ccmt. Page 1 - JONT STATEMENT OF UNDTSPUTED FACTS AND JOTNT RESPONSES TO BENCH REQUESTS McDoweil & Rackner pc Portland. OR 9704

1 3 4 5 6 7 10 6. Both BCT and CCMT provide services to residences in a residential development known as the Leisure Woods development. The crux of this dispute is the fact that BCT seeks to continue to provide services to those customers in the Leisure Woods development that are on the Redland side of the exchange boundary. 7. BCT and CCMT share a contiguous exchange boundary line through the Leisure Woods development. The Leisure Woods development contains approximately 77 lots. Nearly all of the lots have single family dwellings on them. Approximately 3g of the lots are within the Beaver Creek exchange and approximately 38 of the lots are within the Redland exchange. 8. Currently only BCT llec-generated EAS calls and BCT CLEC-generated 11local calls are routed onto Clear Creek's network. 1 9. Currently there are no directrunks between BCT and CCMT. 15 16 party are provided. 17. JONT RESPONSES TO BENCH REQUESTS The following responses are jointly provided and undisputed, with the exception of the responses to Request Nos. 9, 11,1 and, for whích separate responses from each 1. ls the Glear Creek Redland Exchange ("Redland Exchange") contiguous 18to both the Beaver Creek and Oregon City exchanges? 19 0 1 3 4 5 6 Yes. Clear Creek's Redland Exchange is contiguous to both the Beaver Creek and Oregon City exchanges. Foi further reference, please see the Exchange Map of oregon attached as Exhibit A.. When LEG traffic is exchanged between the Redland Exchange and Qwest's Oregon Gity Exchange, how is the traffic routed, what trunks are utilized and how are Qwest and Clear Greek compensated for origination and termination of traffic? Traffic is exchanged over EAS trunks between Clear Creek and Qwest. Qwest and Clear Creek exchange this traffic on a bilt and keep basis. Pursuant to Order No. 8g-815, carriers may recover Page - JONT STATEMENT OF UNDTSPUTED FACTS AND JONT RESPONSES TO BENCH REQUESTS McDoweil & Rackner pc Portland, OR 9704

1 costs associated with EAS service through a surcharge placed on customer bills. 3 3. ls a call between locat service customers in the Beaver Greek Exchange 4 and the Redland Exchange (LEC-o-LEC) a local call or an intralata toll call? Are 5 the Beaver Creek Exchange and the Redland Exchange in a common EAS area? 6 A call between local service customers in the Redland Exchange and the Beaver Creek exchange is locally-dialed and would bj 7 routed as an EAS call. The Beaver Creek and Redland Exchanges are in a common EAS area. 4- When LEC traffic is exchanged between Clear Greek's Redland 10 Exchange and BGT's Beaver Greek Exchange, how is the traffic routed, what trunks 11 are utilized and how are BGT and CGMT compensated for origination and termination 1 ol t atric? BCT and CCMT do not maintain any directrunking between their networks, so LEC-to-lLEc traffic exchanged between ccmt's Redland Êxc ange and BCT,s Beaver Créek excnaâge is transited_by Qwest through íts Portland tandem and 15 transported over EAS t?unks maintained between CCMT and Qwest. and BCT and Qwest 16 17 J;rus:ilã':,'å::'.xil:3 ffii:"$ff:î:f;:[î31,r^il:, 18 5. What governs the exchange and compensation of the LEG-to{LEG 19 traffic described in Question 4? ts t pursuant to Commission Rutes or to 0 agreements? Commission rules govern the exchange and compensation of EAS traffic,.as provided in Order No.89-815. Traffic is exchanged on a bill an'd rejàp oãjié. Pursuant to order No. 89-815, carriers may recover costs associated with EAS service through 3 a surcharge placed on customer bills. 4 6. Do any GLEGs operate in the Beaver Greek Exchange? 5 Yes. Comcast operates in the Beaver Creek Exchange. 6 Page 3 JONT STATEMENT OF UNDSPUTED FACTS AND JONT RESPONSES TO BENCH REQUESTS McDowell& Rackner PC Portland. OR 9704

1 3 4 5 6 7 10 11 1 15 16 17 18 19 0 1 3 7. Do any Gellular Mobile Radio Service (CMRS) carriers operate in the Beaver Greek Exchange? lf the answer is "yes," please enswer the following questions and provide the information requested: Yes. CMRS carríers operate withín the Beaver Creek exchange. a. When a call is placed from a CMRS customer in the Beaver Creek Exchange to the Redland Exchange, how is that traffic routed and what trunks are utilized? Today that traffic is carried over special access T1 facilities eíther jointly provided by BCT and Qwest or by BCT and a third party provider from the CMRS cell site to the CMRS carrier's switching equipment. Traffic that is bound for the Redland Exchange is handed off from the wireless carrier' switch to the LATA Tandem. The facility type to connecthe LATA Tandem is unknown but it is likely purchased as a high capacity special access circuit. ewest switches (transits) traffic bound for Redland and delivers the.traffic over the EAS trunks from PTLDOR3DCl to Redland. b. How are BGT and the CMRS carrier compensated for origination and termination of traffic? As stated in subsection (c) below, BCT has interconnection agreements with four cmrs carriers, and rates for origination and termination of traffic are set in those agreements. However, as a practical matter, these carriers have not billed each other for origination and termination of traffic. with respecto the other CMRS carriers operating in the Beaver creek exchange, ail traffic is handled on a billand keep basis. c. Please list all interconnection agreements between BCT and such GMRS carriers. ARB781 - Cingular Wireless LLC; ARB 79 - United States Cellular Corp.; ARB 7BS - Sprint Spectrum pcs; and ARB 7gg - Verizon Wireless. 8. Who is the "third party" delivering BGT's CLEC traffic to the Redland 4 Exchange? 5 6 Page 4 Qwest. JONT STATEMENT OF UNDSPUTED FACTS AND JONT RESPONSES TO BENCH REQUESTS McDowell& Rackner PC Portland, OR 9704

1 9. Do any GLECs operate in the Redland Exchange? lf the answer is "yes," please answer the following questions and provide the information requested: 3 a. When a call is placed from a GLEC customer in the Redland 4 Exchange to the Beaver Greek Exchange, how is that traffic routed and what 5 trunks are utilized? 6 BCT & CGMT: The call is routed over the EAS trunks from Redland to the Qwest Portland tandem where it is switched and 7 routed over the EAS trunks to Beaver Creek. 9 BGT: BCT believes that Comcast may provide service in the Redland Exchange. 10 b. How are CCMT and the CLEC compensated for origination and 11 termination of traffic? 1 At present, this traffic is handled on a bill and keep basis (an arrangement to which CCMT objects). c. Please list all interconnection agreements between GCMT and 15 such GLECs. 16 None. The agreement currenfly being arbitrated in this proceeding will be the first. 17 18 10. Do any CMRS carriers operate in the Redland Exchange? lf the answer 19 is "yes," please answer the following questions and provide the information 9 requested: 1 a. When a call is placed from a CMRS customer in the Redland Exchange to the Beaver Greek Exchange, how is that traffic routed and what 3 trunks are utilized? 4 Today that traffic is carried over special access T1 facilities either jointly provided by ccmt and ewest or by ccmt and western 5 lndependent Networks from the CMRS cell site to the CMRS carrier'switching equipment. Traffic that is bound for the 6 Redland Exchange ié handed off from the wireless carrier's switch Page 5 JONT STATEMENT OF UNDSPUTED FACTS AND JONT RESPONSES TO BENCH REQUESTS McDowell& Rackner PC Portland, OR 9704

1 to the Lata Tandem. The facility type to connecthe Lata Tandem is unknown but is likely purchased as a high capacity special access circuit. Qwest switches (transits) traffic bound for Beaver Creek and delivers the traffic over their EAS trunks from 3 PTLDORDC1. 4 b. How are CCMT and the CMRS carrier compensated for S origination and termination of traffic? 6 The majority of traffic is compensated under the terms of individually negotiated Traffic Exchange Agreements. A minor 7 amount of traffic is uncompensated as Traffic Exchange Agreements have not successfully been negotiated with all CMRS carriers. g c. Please list all interconnection agreements between GGMT and 1O such GMRS carriers. 11 See ARB 717 - United States Cellular Corp., ARB 633 - T-Mobile USA, ARB 591 - Sprint Spectrum pcs, and ARB 59 - Verizon 1 Wireless. 11. To the best of your knowledge, please list the names and locations of all LEGs who combine their LEG and CLEC traffic in a single OCN. For each such 15 LEC, provide all documentation or citations to public records for which officiat notice 16 may be taken providing factual support. 17 GCMT: To Clear Creek's knowledge, there are none. 18 BCT: Beaver Creek has been told that other cooperatives are handling their traffic in the same way. BCT is attempting to 19 confirm'this fact and will supplemenitr s response i it õable to obtain relevant information. 0 1 1. ls BCT currently routing its GLEC traffic to Qwest over LS trunks, or is BCT CLEC traffic being combined with LEG traffic over the regular LEG-to-LEC 3 trunks? 4 BGT: BCT's CLEC traffic to Qwest is routed over LS trunks. The flow of traffic from BCT to CCMT-which is negligible-is routed 5 over BCT LEC trunks today. The LS trunks between BCT and Qwest are for BCT and Qwestraffic only that terminates to the 6 503-518-XXXX prefix. Any calls that orilinate from other CLEC's Page 6 JONT STATEMENT OF UNDSPUTED FACTS AND JONT RESPONSES TO BENCH REQUESTS McDoweil & Rackner pc Portland. OR 9704

1 3 4 5 6 7 10 in the Portland LATA that terminate to BCT LEC is routed over the QweSUBCT LEC trunks. Any calls that originate from CCMT to BCT 503-518-XXXX are terminated most of the time on the Qwest/BCT LS trunks and sometimes on the Qwest/BCT LEC trunks. Any calls that originate from ccmt customers that callthe BCT customers in the Redland Exchange or that terminate to the 503-898-XXXX are terminated on the QwesUBCT LEC trunks. GGMT: CCMT believes that BCT's CLEC traffic to and from Redland Exchange is being combined with LEC traffic and routed over CCMT's LEC EAS trunks.. Who has BGT designated as its intralata tollcarrier? All BCT customers are offered BCT Long Distance service, but may select another carrier at their option.. Does BCT have an agreement with Qwest that addresses how Qwest 11 1 15 16 17 18 will transport its CLEC traffic to the Redland Exchange? lf so, please provide a copy of such agreement or citation to public records for which official notice may be taken. BGT: Yes. A copy of the relevant section of the CA between Qwest and Beaver Creek is attached as Exhibit B. GCMT: From díscussions with Qwest representatives, Clear Creek believes that it is Qwest's opinion that the CA does not cover transiting of traffic for Beaver Creek to the Redland Exchange, that the CA governs BCT's Oregon City CLEC traffic only, and that Qwest is currently an unwilling pafticipant in the transiting of traffic between BCT and CCMT over BCT's LEC EAS trunks. 19 0 DATED: July 31,007. 1 3 4 5 Sarah J. Adams Attorneys for Beaver Creek Cooperative Telephone Company Dur.rcRlrl TlceR & Nleoel PC Jennifer Niegel Attorney for Clear Creek Mutual Telephone Company 6 Page 7 JONT STATEMENT OF UNDSPUTED FACTS AND JONT RESPONSES TO BENCH REQUESTS McDowell & Rackner PC 50 SW Sixth Avenue. Suite 830 Portland, OR 9704