BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION

Transcription

1 7 BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION SEP I 2 51 PM 'oq IN THE MATTER OF A COMPLAINT BY CAT COMMUNICATIONS INTERNATIONAL, INC. AGAINST CENTURYTEL OF NORTHWEST ARKANSAS, LLC, CENTURYTEL OF CENTRAL ) ) DOCKET NO C ARKANSAS, LLC, CENTURYTEL OF MOUNTAIN HOME, INC., CENTURYTEL OF ARKANSAS, INC., CENTURYTEL OF REDFIELD, INC., AND CENTURYTEL OF SOUTH ARKANSAS, INC. MOTION TO DISMISS OF SEPARATE DEFENDANTS CENTURYTEL OF ARKANSAS, INC., CENTURYTEL OF MOUNTAIN HOME, INC., CENTURYTEL OF REDFIELD, INC. AND CENTURYTEL OF SOUTH ARKANSAS, INC. COME NOW the hereinafter named separate defendants, CenturyTel of Arkansas, Inc., CenturyTel of Mountain Home, Inc., CenturyTel of Redfield, Inc. and CenturyTel of South Arkansas, Inc. (hereinafter collectively "CenturyTel Legacy Companies") and for their motion to dismiss state as follows: 1. On August 17, 2004, CAT Communications International ("CCI") filed its formal complaint against separate defendants CenturyTel Legacy Companies, as well as CenturyTel of Northwest Arkansas, LLC and CenturyTel of Central Arkansas, LLC. In CCl's complaint it alleges that all of the defendants, as a group, have violated and continue to violate the terms of the parties' resale agreements and state law by unlawfully charging CCI for services not ordered by CCI and not provisioned under the resale agreements, issuing arbitrary claim denials, and failing to provide adequate billing information. ) ) 1 2. As recognized by CCI, there are two resale agreements or contracts in effect between the parties. One resale agreement, the agreement between CCI and the CenturyTel Legacy Companies, was approved by the Commission pursuant to 47 U.S.C. a

2 252(e) in Docket No U. The other resale agreement approved by the Commission was between CCI and CenturyTel of Central Arkansas, LLC and CenturyTel of Northwest Arkansas, LLC in Docket No U. These two agreements contain significantly differing terms and conditions. 3. While there is a contract between CCI and the CenturyTel Legacy Companies, CCI does not take service from the CenturyTel Legacy Companies, nor do the CenturyTel Legacy Companies provide service to CCI. Therefore, CCI is not billed under the approved contract and, by not receiving a bill from the CenturyTel Legacy Companies, CCI cannot validly claim the CenturyTel Legacy Companies are unlawfully charging for services, issuing arbitrary claim denials, or failing to provide adequate billing information. The attached Affidavit (Exhibit 1 ) of Ms. Pamela Hankins, Manager, Corporate Carrier Relations of CenturyTel Service Group, LLC provides proof that no bill, or bills, are rendered to CCI from the CenturyTel Legacy Companies. 4. Attached as Exhibit 2 hereto is a copy of a letter from Ms. Hankins to CCI, dated August 6, This letter notifies CCI that it has past due balances owed to CenturyTel of Northwest Arkansas, LLC and CenturyTel of Central Arkansas, LLC in the total amount of $5, No claim is made by the CenturyTel Legacy Companies that CCI is delinquent or in arrears on any account. In fact, no mention is made of the CenturyTel Legacy Companies whatsoever. 5. CCI has failed to state a valid claim against the CenturyTel Legacy Companies. The CenturyTel Legacy Companies do not provide service to CCI, they have not violated any provisions of any contract, as alleged by CCI, and its complaint must be dismissed as against the separate defendants, CenturyTel of Arkansas, Inc., CenturyTel 2

3 of Mountain Home, Inc., CenturyTel of Redfield, Inc. and CenturyTel of South Arkansas, Inc. WHEREFORE, for the above-stated reasons, the CenturyTel Legacy Companies respectfully request that the Commission grant its motion to dismiss, and for all other appropriate relief. Respectfully submitted, CHISENHALL, NESTRUD & JULIAN, P.A. 400 West Capitol Avenue, Suite 2840 Little Rock, Arkansas (501 ) By:. Chisenhall, Jr., AR'BAR CenturyTel of Arkansas, Inc., Mountain Home, Inc., CenturyTel of Redfield, Inc. and CenturyTel of South Arkansas, Inc. ~ CERTIFICATE _ OF SERVICE I, Lawrence E. Chisenhall, Jr., do hereby certify that I have served a copy of the foregoing instrument upon the following parties of record via U.S. Mail, postage prepaid, this 7 day of September, 2004: Stephen Athanson, Esq. General Counsel CAT Communications International, Inc. P.O. Box Roanoke, VA / 3

4 AF F I DAVIT State of Louisiana Parish of Ouachita Before the undersigned, Stephen P. Dupuy, Notary Public, duly qualified and acting in and for said parish and state, appeared Pamela Hankins, Manager of Corporate Carrier Relations of CenturyTel Service Group, LLC, to me well known to be the affiant herein, who stated the following under oath: My name is Pamela Hankins and I am the Manager of CenturyTel s Corporate Carrier Relations. This department is in charge of administering resale and interconnection agreements. CAT Communications International ( CCI ) has an executed resale agreement with CenturyTel of Arkansas, Inc., CenturyTel of Mountain Home, Inc., CenturyTel of Redfield, Inc., and CenturyTel of South Arkansas, Inc. This agreement allows for the resale of CenturyTel s tariffed services by CCI. CCI is not currently ordering services from these CenturyTel entities under this agreement. CCI has no outstanding balance due under this agreement and CCI has not been put on any sort of notice that it had outstanding amounts due this agreement. I have read the above and foregoing statements and they are true and correct to the best of my knowledge and belief. Subscribed and sworn to before me this 3 Louisiana. Pamela Hankins, Affiant ++ day of August, 2004, in Monroe, P-qLr- Stephen P. Dupuy Notary Public - Ouachita Parish Louisiana Bar Roll #23718 My commission expires at death. EXHIBIT 1 1 1

5 RO. Box 4065 Mnnroe. L Tel August 6,2004 Ms. Patricia M. Spencer, Vice President Regulatory Cat Communications International, Inc Melrose Avenue #25 Roanoke, Virginia Re; Account Balances due to CenturyTel of fhe Northwest Arkansas, LLC and CenturyTeI of Central Arkansas, LLC (collectively CenturyTel ) by Cat Communications International, Inc. ( CAT ) Dear Ms. Spencer: Please be advised that CAT has past due balances owed to CenturyTel of Northwest Arlcansas, LLC in the mount of $43.72 for account and $82.88 for account , and a past due balance owed CenturyTel of Central Arkansas, LLC of $5, for account , Article III, Section 10 of the Resale Agreement ( the Agreement ) between CenturyTel and CAT states that payment is due thirty (30) days fiom the bill date. According to Article IV, Section 4 of the Agreement, ie CAT does not pay undisputed amounts within forty-five (45) days of the due date, CenturyTel shall notie CAT in writing that it must pay ali Unpaid Charges to CenturyTel within seven (7) Business Days. This letter shall serve as the seven-day notice to CAT. If CAT does not pay the balances due by the end of the seven-day period, CenturyTel will commence termination of service to CAT. In order for CAT to avoid termination of service f?om CenturyTel, it should remit $5, in past due charges it owes CenturyTel by Aumst 18,2004. CcnturyTel is in receipt of rc-dispures CAT filed with CcnturyTeI of Cmtd &msos, LLC, account , for $ These disputes were in fnct already addressed by CenruyTtl at an earlier the and were rejected. The disputed charges were for loll calls placed by CAT s customers. CAT d e a conscious decision not to order toll blocking on these lines; thus it is responsible for the charges. See Article w, Section 4 of rhc Agreement According to this section of thc Agreement, CAT is respomiblc for chges for dl services originated m s e m i c e locations. EXHIBIT

6 Page 2 Ms. Patricia M. Spencer August 6,2004 Pursuant to Article I,Section 2 of the Agreement, CenturyTeI may terminate the Agreement in the event of default by CAT upon notice and CAT s failure to cure the alleged default within 60 days of receipt of said notice. Default is defined in the Agreement to include a Party s refusal or failure in any material respect properly to perform its obligations under this Agreement, or the violation of any of the material terms or conditions of this Agreement CenturyTel considers non-payment of amounts due to be a default of the Agreement, and this letter shall also serve as the 60-day notice for default cure as referenced herein and in Article ID.,Section 2. Further, Article Section 6 allows for CenturyTel to demand a deposit hm CAT if CAT has not established a good payment history with CenturyTel. Because CentuyTel s records show that CAT does not have a good payment history, CenturyTel is demanding that CAT remit deposits on these accounts as follows: $600 for account , $350 for account and $11,600 for account These amounts represent approximately two-months charges for the accounts as provided for in the Agreement. CenturyTel expects receipt of these deposits in 30 days, or by September 9,2004. If CAT does not remit payment of these deposits, CenturyTel will consider CAT to be in default of the terms of OUT Agreement and wil pursue default cure as outlined in Article Ill, Section 2 of the Agreement. If you have any questions, please call me at (318) cooperation in resolving this matter. Thank you for your Sincerely, PamHanlcins Manager, Corporate Carrier Relations cc: Marie Tate, Finance Manager, Cat Communications Arkansas Public Service Commission Susan Smith, Regional Manager, C enwel Carrier Relations Alfred Busbee, Regional Manager, CenturyT.el Government ReIalions Todd Schafer, Vice President, CenturyTel Southern Region