M PI In1. the document by date, creator, and recipient, and should briefly describe the document, OF LITTLE ROCK, INC.

Transcription

1 M PI In1 BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION IN THE MATTER OF THE PETITION 1 Fl! LED OF COMCAST CABLE CORPORATION OF LITTLE ROCK, INC. FOR REVIEW 1 OF THE COMPANY'S 2006 AD VALOREM TAX ASSESSMENT ) 1 DOCKET NO TD PETITIONER'S FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS The Petitioner (Comcast Cable Corporation of little Rock, Inc., hereinafter generally referred to as "Comcasf' or "Petitioner"), by and through its undersigned counsel, pursuant to the provisions of Rule of the Arkansas Public Sewice Commission's Rules of Practice and Procedure, and pursuant to the provisions of Rule 34 of the Arkansas Rules of Civil Procedure, and requests the Respondent to produce for inspection and copying the following described documents, which are in the possession, custody and control of Respondent or its attorney. If Respondent claims any objection or privilege with respect to the production of any documents requested herein, Respondent should identify the document by date, creator, and recipient, and should briefly describe the document, and explain each and every reason why a privilege or objection is asserted and the grounds therefore. The Petitioner requests that the documents hereinafter requested by produced by Respondent, for purposes of inspection and copying, at 1O:OO A.M. on May 11, 2007, at the office of the Petitioner's attorney, 425 Capitol Avenue, Suite 3400, Little Rock, Arkansas (The fonvarding of copies of the requested documents to Eugene G. Sayre, at the above stated address, prior to the expiration of the period for such responses, shall be deemed full and complete compliance with this First Request for Production of Documents set forth herein).

2 REQUEST FOR PRODUCTION NO. I. Please produce for inspection and copying any and all documents that the Respondent has identified in response to any of the Petitioner s First Interrogatories Nos. I - I& which Interrogatories have been served upon the Respondent s attorney, simultaneously with the service of these first Requests for Production of Documents. REQUEST FOR PRODUCTION NO. 2. Please produce for inspection and copying any and all documents or writings (produoed or maintained by the personnel of the Commission s Tax Division) that form a basis for the, or reflect the determination to, change (in 2005) the longstanding administrative policy and procedure of the Commission s Tax Division (i.e. the value of cable television owners and operators intangible personal property utilized in the operation of their cable television businesses in Arkansas was not included in the assessed value of such cable television systems real and personal property for ad valorem tax purposes); to require that the value of intangible personal property utilized by the Petitioner (or any other similarly situated owner or operator of a cable television system in Arkansas) in the conduct of its cable television business in Arkansas, must be included in the assessed value of the real and personal property of these cable television service providers, beginning with the 2005 tax reporting year. REQUEST FOR PRODUCTION NO. 3. If the Respondent does not admit to the Petitioner s First Request for Admissions No. 72 (and to the correctness of Exhibit L attached thereto), then please produce for inspection and copying any and all documents or writings produced by the personnel of the Cornmission s Tax Division that would have been directed to and transmitted to any county assessor, municipality or school district lying within the borders of Pulaski County or Saline County, Arkansas, regarding the -2-

3 determination and allocation of the assessed value of the Petitioner s real and personal property for the year 2004, that would have been utilized by such Iocal government officials or entities in determining the ad valorem tax liability of the Petitioner for each such entity in Pulaski or Saline Counties, Arkansas for the 2004 tax year. REQUEST FOR PRODUCTION NO. 4. If the Respondent does not admit to the Petitioner s First Request for Admissions No. 73 {and to the correctness of Exhibit M attached thereto), then please produce for inspection and copying any and all documents or writings produced by the personnel of the Commission s Tax Division that would have been directed to and transmitted to any county assessor, municipality or school district lying within the borders of Pulaski County or Saline County, Arkansas, regarding the determination and allocation of the assessed value of the Petitioner s real and personal property for the year 2005, that would have been utilized by such local government officials or entities in determining the ad valorem tax liability of the Petitioner for each such entity in Pulaski or Saline Counties, Arkansas for the 2005 tax year. REQUEST FOR PRODUCTION NO. 5. If the Respondent does not admit to the Petitioner s First Request for Admissions No. 74 (and to the correctness of Exhibit not attached thereto), then please produce for inspection and copying any and all documents or writings produced by the personnei of the Commission s Tax Division that would have been directed to and transmitted to any county assessor, municipality or school district lying within the borders of Pulaski County or Saline County, Arkansas, regarding the determination and allocation of the assessed value of the Petitioner s real and personal property for the year 2006, that would have been utilized by such local government officials or entities in determining the ad valorem tax liability of the Petitioner for each such entity in Pulaski or Saline Counties, Arkansas for the 2006 tax year. -3-

4 REQUEST FOR PRODUCTION NO. 6. Please produce for inspection and copying each and every worksheet produced by personnel of the Commission s Tax Division that computed the assessed value, for the real and personal property utilized by each separate cable television company operating within Arkansas, for the tax year 2004, that was transmitted to each such cable television company operating within Arkansas. REQUEST FOR PRODUCTION NO. 7. Please produce for inspection and copying each and every worksheet produced by personnel of the Commission s Tax Division that computed the assessed value, for the real and personal property utilized by each separate cable television company operating within Arkansas, for the tax year 2005, that was transmitted to each such cable television company operating within Arkansas. REQUEST FOR PRODUCTION NO. 8. Please produce for inspection and copying each and every worksheet produced by personnel of the Commission s Tax Division that computed the assessed value, for the real and personal property utilized by each separate cable television company operating within Arkansas, for the tax year 2006, that was transmitted to each such cable television company operating within Arkansas. REQUEST FOR PRODUCTION NO. 9. Please produce for inspection and copying every Ad Valorem Notification of Assessment (examples of which are attached as Exhibits I, J and K to the Petitioner s First Request for Admissions filed in this administrative proceeding) produced by personnel of the Commission s Tax Division that reflects the assessed value for the real and personal property utilized by each separate cable television company operating within Arkansas, for the tax year 2004, that was transmitted to each such cable television company operating within Arkansas. REQUEST FOR PRODUCTION NO. IO. Please produce for inspection and copying every Ad Valorem Notification of Assessment (examples of which are attached as

5 Exhibits I, J and K to the Petitioner s First Request for Admissions filed in this administrative proceeding) produced by personnel of the Commission s Tax Division that reflects the assessed value for the real and personal property utilized by each separate cable television company operating within Arkansas, for the tax year 2005, that was transmitted to each such cable television company operating within Arkansas. REQUEST FOR PRODUCTION NO. 1 I. Please produce for inspection and copying every Ad Valorem Notification of Assessment (examples of which are attached as Exhibits I, J and K to the Petitioner s First Request for Admissions filed in this administrative proceeding) produced by personnel of the Commission s Tax Division that reflects the assessed value for the real and personal property utilized by each separate cable television company operating within Arkansas, for the tax year 2006, that was transmitted to each such cable television company Little Rock, Arkansas (501) Office (501) Fax esayremili.corn ATTORNEY FOR PETITIONER -5-

6 CERTIFICATE OF SERVICE I, Eugene G. Sayre, hereby certifies that a copy of the foregoing Petitioner s First Interrogatories to Respondent has this date been served by hand delivery and e-rnail upon the following: Done at Little Rock, Arkansas, this Mr. Paul J. Ward Ms. Lori L. Burrows Staff Attorneys Arkansas Public Service Commission IO00 Center Street Post Office Box 400 Little Rock, Arkansas