August 1 9,201 3 Via Hand Delivery Sandra S. Squire Executive

JOSEPH J. STARSICK, JR. Associate General Counsel Frontier Communications ommiinirations

(304) 344-7644 Joseuh. Star sick@FTR. com

August 19,201 3

Via Hand Delivery Sandra S. Squire Executive Secretary Public Service Commission 201 Brooks Street Charleston, West Virginia 25323

CASE NO. 13-0447-T-C

Frontier West Virginia Inc. and Citizens Telecommunications Company Qf West Virginia d/b/a Frontier Communications Of West Virginia Public Utilities v. Clear Rate Communications, Inc.

Dear Ms. Squire:

Please find enclosed for filing in the original plus one copy of Frontier's Responses to Clear Rate Communications, Inc.'s First Set of Interrogatories and Requests for Production of Documents to Frontier in the above-referenced matter. Please note that there are a confidential and a public version of this filing. The confidential information has been placed under seal.

We will hereafter file an appropriate motion for a protective order in accordance with the Commission's Rules of Practice and Procedure.

Thank you for your attention to this matter.

Sincerely,

(State Bar No. 3576) JJSjr/sc Enclosures

cc: David B. Hanna, Esq. Christopher Howard, Esq. Staff PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON

CASE NO. 13-0447-T-C

FRONTIER WEST VIRGINIA INC. AND CITIZENS TELECOMMUNICATIONS COMPANY OF WEST VIRGINIA D/B/A FRONTIER COMMUNICATIONS OF WEST VIRGINIA public utilities

Complainants,

CLEAR RATE COMMUNICATIONS, INC., a public utility,

Defendant.

FRONTIER’S RESPONSES TO CLEAR RATE’S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS

Pursuant to Rule 13.6.d of the Commission’s Rules of Practice and Procedure, C.S.R. 8

150-1-13, Frontier West Virginia Inc. and Citizens Telecommunications Company of West

Virginia d/b/a Frontier Communications of West Virginia (“Frontier”) hereby respond to the

First Set of Interrogatories and Requests for Production of Documents to Frontier (the

“Discovery Requests”) propounded by Clear Rate Communications, Inc. (“Clear Rate”), as set

forth on the following pages. Any and all objections are hereby re-asserted as if fully set forth

herein. FRONTIER WEST VIRGINIA INC. AND CITIZENS COMMUNICATIONS COMPANY OF WEST VIRGINIA D/B/A FRONTIER COMMUNICATIONS OF WEST VIRGINIA

By Counsel:

/I cL(Y4 ~036ph-J.Starsick, Jr. (WV State Bar #3576) Associate General Counsel Frontier Communications 1500 MacCorkle Avenue, S.E. Charleston, West Virginia 253 14 (304) 344-7644 Joseph. [email protected] PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

1, Provide any and all information and documents related to Frontier’s Communications to news outlets regarding Clear Rate Communications, Inc., and/or regarding a telecommunications scam or fiaud, including but not limited to the name of the person who made each contact, the source of the contact, the person contacted, the information exchanged and the internal contacts who authorizedldirected Frontier’s PR department, or otherwise, to contact the news outlets to generate the stories.

Response: Without waiving any objection, Frontier states as follows:

Frontier did issue a press release generally warning consumers about scams. The press release nowhere mentions Clear Rate by name. This press release was attached to Frontier’s July 1 1,2013 letter response to the Final Joint Staff Memorandum.

The press release was authorized by Dana Waldo, Senior Vice President and General Manager for Frontier’s West Virginia operations. Steve Crosby, Senior Vice President, Government Affairs and Public Relations, and Brigid Smith, Assistant Vice President, Corporate Communications also approved the March 18 release. Dan Page, Manager Communications, was the contact person on the release. Nowhere does the press release mention Clear Rate’s name, Attachment Q1 lists the media outlets receiving the release. No calls were made nor received about the release. The Logan Banner article attached to Clear Rate’s Answer describes a scam misleading an elderly woman who spends most of her time caring for her husband suffering from Alzheimer’s. The reporter names Clear Rate as the alleged perpetrator. A local Frontier management employee only responded to the reporter’s inquiries. This employee made no direct accusations against Clear Rate, and in fact, initially stated that he personally “had never heard of Clear Rate Communications.” QI

Newspapers The Charleston Gazette (Newsroom) The Register-Herald (Dawn Dayton, Butch Antolini) The State Journal (Jim Ross) Charleston Daily Mail (Business, Jared Hunt) The Herald-Dispatch-Huntington (Jean Tarbett) Morgantown Dominion-Post (Newsroom) The Inter-Mountain-Elkins (Newsroom) The Wheeling lntelligencer (Mike Myer, John McCabe) Weirton Daily Times (C. Howell)

~ __ . - ._ -- ...... --- mtltrfgvrn- Bluefield Daily Telegraph (News) Wayne County News (Editor) Parkersburg News and Sentinel (Jim Smith, Paul LaPann) Williamson Daily News (L. Tackett, ) Martinsburg Journal (C. Kinder, D. Emke) Point Pleasant Register (news, Pam Caldwell, AC Carter) Moundsville Daily Echo (NA) Logan Banner (Fred Pace) West Virginia Daily News-Lewisburg (NA) Coal Valley News (A. Alexander) Hurricane Breeze (NA) Mullens Advocate (NA) Grant County Press (News) Nicholas Chronicle (Info) Braxton Citizens’ News (Editor) The Braxton Democrat (NA) The Barbour Democrat (NA) The St. Marys Oracle (News) The Webster Echo-Webster Springs (NA) Welch News (NA) The Shepherdstown Chronicle (Edit) The Brooke County Review (NA) The Weston Democrat (News) The Monroe Watchman-Union (NA) Jackson Newspapers-Ripley (Editor) Wetzel Chronicle (Brian Clutter) Shinnston News &!I Harrison County Journal-Shinnston(NA) Hampshire Review (News) Fayette Tribune (Cheryl Keenan) Tyler Star News (Brian Clutter) Princeton Times (P. Toler) Putnam Standard (Jack Bailey) Preston County Journal/Preston County News ([email protected]) ~- The Independent Herald The Times Record (Spencer) (David Hedges) The Nicholas Chronicle (info) lv WVVA-Bluefield( news) WDN-Bridgeport (news) WCHS-Charleston (news) WBOY-Clarksburg (news) WVNS-Beckley-Bluefield (news) WOAY-Oak Hill (news) WSAZ-Huntington (news) WTAP-Parkersburg (news) MRF-Wheeling (Brenda Danehart) --..wT€wurrloj - _-..._ -

Radio MetroNews - statewide (WNR, Jennifer Smith, Rick Johnson, WDNE) MRCIClear Channel - Huntington (Bill Cornwell, Judy Jennings, Paul Morgan, Chuck Peterson) WJLS-Beckley (Big Ugly) WRLF - Fairmont (8. Dunn) WWNR-Beckley (NA) WBES-Charleston (chasnews) WVOW-Logan (News department) W RNR- Martinsburg (info) WGYE-Fairmont (David) WRON-Ronceverte (NA) WDHC-Berkeley Springs (c929(acomcast.net) Results Radio-Parkersburg-Fairmont (News) WKEZ-WHIS-WBDY, etc.-Bluefield (W. Paine) WMU-Summersville (NA) WQBE-Charleston (AI Woody) WVPUBCAST-Charleston(Feedback) WOAY-Oak Hill (Info)

E-mail addresses

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

2. Provide any and all information and documents of any instance when Frontier has failed to provide telephone features and/or route long distance properly through the switch on lines transferred to Clear Rate Communications, Inc., including who and when they were aware of the problems and the steps Frontier took to resolve the issues in an expeditious manner.

Response: Without waiving any objection, Frontier states as follows:

Please see Frontier responses to Request Nos. 1 1 and 12 of the Staffs First Set of Interrogatories, Data Request or Request for Information (“Staff’s 1 st Discovery Requests to Frontier”). Please note that numerous trouble tickets in fact were not for service trouble but instead appear to be inquiries by Clear Rate regarding status of orders, etc. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

3. Provide an explanation for Clear Rate having to open up trouble tickets to resolve one (1) out of four (4) new customers not having correct features and/or long distance service.

Response: Without waiving any objection, Frontier states as follows:

Without limiting this objection to this Request, it is argumentative, inappropriately requires Frontier to accept a hypothetical premise, implication and/or conclusion of a conditional sentence, or requires Frontier to accept a false, disputed, or question-begging presupposition. Without waiving this objection or any other objection, and in a good faith effort to be responsive, please see Frontier’s responses to Request Nos. 1 1 and 12 of the Staffs 1st Discovery Requests to Frontier. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

4. Provide any and all information and documents, including but not limited to scripts, standard operating procedures, and training materials, related to Frontier’s actions, inactions, marketing, sales, or other verbal communication when switching, transferring, or provisioning a customer f?om Frontier to Clear Rate Communications, Inc.

Re P nse: Without waiving any objection, Frontier states as follows:

Please see Frontier’s responses to Requests Nos. 6 and 16 of Staffs lStDiscovery Requests to Frontier. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

5. Provide any and all information and documents Frontier utilizes to attempt to convince a customer switching away fiom Frontier’s service to Clear Rate Communications, Inc. to stay with Frontier, including when a Clear Rate customer contacts Frontier and inquires about returning to Frontier as a service provider.

Response: Without waiving any objection, Frontier states as follows

Without limiting this objection to this Request, it is argumentative, inappropriately requires Frontier to accept a hypothetical premise, implication and/or conclusion of a conditional sentence, or requires Frontier to accept a false, disputed, or question-begging presupposition. In addition, it states that it applies to “customers switching away f?om Frontier’s service to Clear Rate Communications Inc.” but then states that it includes “when Clear Rate customer contacts Frontier and inquiries about returning to Frontier as a service provider.” These are the converse of each other.

Without waiving this objection, and in a good faith effort to be responsive, Frontier does not have any such information or documents with respect to Clear Rate customers. If this response is intended to apply to winbacks generally, please see the response to Request No. 8. To the extent it is intended to apply to marketing generally, please see the responses to Request No. 6. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

6. Provide any and all sales scripts, training materials, operating materials or any other sales or marketing materials Frontier or its agents use to solicit or communicate with customers of Clear Rate Communications, Inc.

Response:

Without waiving any objection, Frontier states as follows: Frontier does not have any sales scripts, training materials, operating materials or any other sales or marketing materials relating to Clear Rate customers. In a good faith effort to be responsive, please see the response to Request No. 8 for winbacks generally. With respect to marketing generally, Frontier’s current promotion is $19.99 for high speed Internet service up to 6 Mbps, with qualifying telephone service. It applies to any customer that has not been a Frontier customer for more than 3 1 days and meets the qualifications of the current offer. Frontier makes various marketing promotions fiom time to time. If Clear Rate desires Frontier’s advertising on this promotion, its counsel should contact counsel for Frontier. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

7. Provide any and all information of the number of Clear Rate customers who were contacted, sent marketing information, or communicated with in any way by Frontier, including all offers that were presented to the customers.

Response: Without waiving any objection, Frontier states as follows:

Frontier does not maintain this data. Please see Frontier’s response to Request No. 6 with respect to Frontier’s marketing efforts generally. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FORINFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

8. Provide any and all information regarding any “winback” programs Frontier utilizes to entice customers to leave other carriers, including Clear Rate, including the amount ofthe offer, how long it is good for, and when the offer is presented to the former customer.

Response: Without waiving any objection, Frontier states as follows:

Frontier’s counsel still is actively in the process of obtaining this information, and will provide a supplemental response to this Request as soon as possible. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

9. Provide any and all information Frontier utilizes to gain knowledge of customers that are in the process or have switched to Clear Rate Communications.

Response: Without waiving any objection, Frontier states as follows:

This Request is confbsing and otherwise objectionable. Among other things, it seems to imply that Frontier tries to “gain knowledge” of Clear Rate customers in an improper manner. This is untrue.

Without waiving any objection, and in a good faith effort to be responsive, Frontier has no practices with respect to Clear Rate customers. Frontier does conduct marketing and winback efforts generally. Please see the responses to Request Nos. 6 and 8. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

10. Provide any and all information and documents that support the result of how Frontier communicates with a customer to gain consent or approval to initiate a Primary Local Exchange or Primary lnterexchange Carrier fieeze.

Response:

Please see Frontier’s response to Request No. 6 of Staffs 1st Discovery Requests to Frontier. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

1 1. Provide any and all information and documents that involve Frontier’s procedures for initiating and instituting its Primary Local Exchange Carrier or Primary lnterexchange Carrier fieezes, including any and all scripts and operating procedures used by Frontier and its representatives.

Response: Without waiving any objection, Frontier states as follows:

Please see the response to Request No. 10. PUBLIC VERSION * PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

12. Provide any and all information and documents Frontier utilizes in communicating with a customer at any point in the Primary Local Exchange Carrier or Primary lnterexchange Carrier fieeze release process.

Response: Without waiving any objection, Frontier states as follows:

Please see the response to Request No. 10. PUBLIC VERSION

0 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

13. Describe in detail and provide any and all information and documents as to how Frontier ensures compliance with FCC guidelines when releasing a customer from a PIC fieeze.

Response: Without waiving any objection, Frontier states as follows:

Please see the response to Request No. 10. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

14. Does Frontier have a designated department to handle release of a local PIC fieeze? If so, state the name of department, the number of Frontier representatives in the department designated to receive inbound calls, how many calls they receive per day, Frontier’s average answer rate and the percentage of customers in which the PIC fieeze is released. If not, state the name of the department that handles local PIC fi-eezes, the number of Frontier representatives in the department designated to receive inbound calls, how many calls they receive per day, Frontier’s average answer rate and the percentage of customers in which the PIC fieeze is released.

Response: Without waiving any objection, Frontier states as follows:

Frontier does not have a designated department to handle releases of a local PIC fieeze. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

15. What is the average wait time and what is the longest wait time of a queue for whichever department handles PIC eeeze releases?

Response: Without waiving any objection, Frontier states as follows:

The average wait time for calls to business and residential service centers for all customers, irrespective of the reason for their call, was seconds for the month of June. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

16. How many inbound calls does Frontier receive regarding a PIC fi-eeze release in an average day, week, and month?

Response: Without waiving any objection, Frontier states as follows:

Frontier does not track this data. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

17. Describe in detail and provide information and documents of procedures implemented by Frontier to ensure calls regarding PIC fieeze releases are handled timely.

Response: Without waiving any objection, please see the response to Request No. 10. PUBLIC VERSION

s. s. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

18. State the name of the individual(s), including their titles, who drafted the affidavits signed by consumers submitted by Frontier to the Commission in this proceeding.

Response: Without limiting the application of any general objections, Clear Rate’s Discovery Requests 18-22 call, in whole or in part, for information or documents that include information or documents subject to the work-product doctrine or attorney-client privilege related to the process and evolution of an affidavit. See, e.g., W. Va. Civ. P. 26(b)(3). See also Randleman v. Fid. Nat. Title Ins. Co., 25 1 F.R.D. 281 (N.D. Ohio 2008); Boyer v. Gildea, 257 F.R.D. 488 (N.D. Ind. 2009); United States v. Univ. Hosp., Inc., 1 :05-CV-445, 2007 WL 1665748 (S.D. Ohio 2007).

Without waiving the forgoing, Frontier states that affidavits signed by consumers submitted by Frontier to the Commission in this proceeding were drafted by outside counsel for Frontier, Bowles Rice LLP. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

19. State the name of the individual(s), including their titles, who modified the affidavits in any way which were signed by the consumers submitted by Frontier to the Commission.

Response: Without waiving any objection, including without limitation the objection stated in Frontier’s response to Request No. 18, Frontier states as follows:

None. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

20. .Provide any and all information and documents, including but not limited to Frontier's notes, documenting communications Frontier had with those customers who signed affidavits submitted by Frontier in this matter.

Response: Without waiving any objections, Frontier states as follows:

The requested documents are protected under the work product doctrine and attorney- client privilege, pursuant to the objection set forth in response to Request No. 18. Such doctrines and privileges protect the thoughts and mental impressions of counsel in the development of the affidavits and in communications regarding the affidavits by counsel to Frontier. However, please see the response and objection to Request No. 21 following. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

21. Describe the process and procedure Frontier used to gain affidavits fi-om consumers to file in this proceeding? Provide documentation or information to support your answer.

Response: Please see the forgoing objections. Without waiving those objections, Frontier states as follows:

The affidavits signed by customers of Frontier and filed with the Public Service Commission of West Virginia in support of Frontier’s formal complaint in this matter were obtained as follows:

a. Frontier’s counsel interviewed customers who had contacted Frontier representatives stating that representatives of Clear Rate had contacted them alleging, among other things, that Frontier was going out of business and that Clear Rate was taking over Frontier’s customers.

b. With the agreement of the interviewed customers, Frontier’s counsel drafted affidavits containing the facts provided by its customers during their interviews.

c. The draft affidavits were reviewed verbatim and finalized during conversations with the aforementioned customers, who then voluntarily signed the agreed to final affidavits.

Frontier objects to providing any of the notes of counsel and draft affidavits prepared during the interviews of and affidavit review and finalization conversations with any of its customers who voluntarily signed affidavits. Such notes and draft affidavits contain the thoughts and mental impressions of counsel for Frontier and are protected fiom discovery under the work product and attorney-client relationship privileges. Copies of the signed affidavits have been previously filed, complete with the affiants’ names, under seal with the Public Service Commission of West Virginia. Additionally, copies of the signed affidavits, with the names of the affiants redacted, have also been filed in the publicly available documents in this case, I PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

22. Provide any and all information and documents Frontier utilized to draft the affidavits filed by customers submitted to the Commission as part of this proceeding.

Response: Without waiving any objection, Frontier states as follows:

Please see the responses and objections to Requests No. 18-21. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

23. Provide any and all information and documents Frontier utilizes in determining whether to inform the customer to file any form of complaint against Clear Rate Communications, Inc.

Response: Without waiving any objection, Frontier states as follows:

Without limiting this objection to this Request, it is argumentative, inappropriately requires Frontier to accept a hypothetical premise, implication and/or conclusion of a conditional sentence, or requires Frontier to accept a false, disputed, or question-begging presupposition. Without waiving this objection or any other objection, and in a good faith effort to be responsive, please see Frontier’s response to Request No. 16 of Frontier’s responses to the Staffs 1st Discovery Requests to Frontier. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

24. Provide any and all information and documents related to Frontier informing a consumer to file any form of complaint against Clear Rate Communications, Inc., including but not limited to scripts, training materials, and standard operating procedures.

Response: Without waiving any objection, Frontier states as follows:

Please see the response to Request No. 23. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

25. Provide any and all information and documents for each customer that filed a RFA against Clear Rate Communications with the West Virginia PSC.

Response: Without waving any objection, Frontier states as follows:

Frontier has requested such Request for Assistance (“WAS”) fkom Staff in discovery, which, when produced, will be served on Clear Rate. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

26. Provide any and all information that supports the allegation Clear Rate communicated to Frontier customers stating Frontier was going out of business.

Response: Without waiving any objections, Frontier states as follows.

Please see Frontier’s Complaint in this proceeding. Frontier is currently updating its listing of customers that contacted Frontier as a result of Clear Rate Communications wronghl actions and will provide an update as soon as possible. In addition, please see the RFAs received by the Commission. Without waiving its right to supplement other responses, Frontier may supplement this response.

Please note that Frontier has redacted CPNI from its listings, but will provide an un- redacted version of this listing to this response to Clear Rate upon entry of the Protective Order that is the subject of the Motion by Frontier and Clear Rate. PUBLIC VERSION

U PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

27. Provide any and all information and documents Frontier filed in this action as confidential or with redacted content.

Response: Without waiving any objection, Frontier states as follows:

Pursuant to the parties’ Stipulation, Frontier has supplied Clear Rate with all confidential information. Where applicable, that Frontier has redacted CPNI, but supplied the remaining of the document. The parties have moved for a Protective Order with respect to the CPNI. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

28. Provide the names, job titles, addresses and telephone numbers of all witnesses Frontier intends to call at a hearing in this matter, and provide a brief summary of the witnesses’ expected testimony.

Response: Without waving any objection, Frontier states as follows:

Frontier anticipates that the parties will exchange prepared testimony of their witnesses. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

29. For each witness identified in response to Interrogatory No. 28, indicate whether each witness will be called as a factual witness or an expert witness.

Response: Without waiving any objection, Frontier states as follows:

Please see the response to Request No. 28. 1: PUBLIC VERSION PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

30. For all expert witnesses identified in response to Interrogatory No. 29, provide supporting information which you believe qualifies such witness as an expert, and their curriculum vitae.

Response: Without waiving any objection, Frontier states as follows:

Please see the response to Request No. 28. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

3 1. Identify each and every document filed in this matter which you intend to introduce into evidence at hearing.

Response: Without waiving any objection, Frontier states as follows:

Fro7 ,. anticipates that the parties will submit or exchange such documents with testimon qpropriate procedure. ' PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

32. Other than those documents identified in response to Interrogatory No. 3 1, provide a copy of each and every document or other tangible thing that you may introduce into evidence or use as a demonstrative exhibit or otherwise at hearing.

Response: Without waiving any objection, Frontier states as follows:

Please see the response to Request No. 31. PUBLIC VERSION

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CLEAR RATE COMMUNICATIONS, INC. FIRST REQUEST FOR INFORMATION FRONTIER WEST VIRGINIA, INC. CASE NO. 13-0447-T-PC

33. Other than any documents which have already been filed in this matter, provide a copy of each and every document or other tangible thing that supports or refbtes any assertion made in your pleadings in this matter

Response: Without waiving any objection, Frontier states as follows:

Please see the forgoing responses and all documents of record in this proceeding. Without waiving its right to supplement other responses, Frontier may supplement this response. ‘ERIF CATION

STATE OF WEST VIRGINIA

COUNTY OF MERCER

I, Angela C. McCall, after first being duly sworn, state that 1 am State Government .. . .. -- ---~€~fs~s~~~-~~~-.~€~-~~~~~--~~-~~~~~~~.--. .. ~ .. . . . Company of West Virginia d/b/a Frontier Communications of West Virginia and that, as State Government Affairs Manager, I compiled the responses to Clear Rate Communications, Inc., First Request for Information in Case Number 13-0447-T-PC, and believe them to be true.

FRONTIER WEST VIRGINIA INC. and CITIZENS TELECOMMUNCIATIONS COMPANY OF WEST VIRGINIA d/b/a FRONTIER COM&&JNICATIONSOF WEST VIRGJNA

By: Tit1

Taken, sworn to and subscribed before me this 19thday of August, 201 3. CERTIFICATE OF SERVICE

I, Joseph J. Starsick, Jr., Counsel for Defendant Frontier West Virginia Inc., do hereby certify that I have served Frontier’s Responses to Clear Rate Communications, Inc.’s First Set of Interrogatories and Requests for Production of Documents to Frontier upon the parties of record by depositing a true copy thereof in an envelope in the United States mail, return receipt requested, this lgthday August 201 3, addressed as follows:

David B. Hanna, Esq. Hanna & Hanna PLLC Attorneys at Law 1206 Virginia Street, East Suite20 1 Charleston, WV 25301

Christopher Howard, Esquire Public Service Commission of WV P.O. Box 812 Charleston, West Virginia 25323