BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION SPRINT COMMUNICATIONS * * -7 COMPANY, L. P. * - * 1- COMPLAINANT, * DOCKET NO- * 12-064-C U V. * * CENTURYTEL OF NORTHWEST * ARKANSAS, L.L.C., D/B/A * CENTURYLINK, * RESPONDENT. * HEARING BEFORE: CONNIE C. GRIFFIN, Administrative Law Judge THE ABOVE-STYLED MATTER was reported by Teresa L. Hollingsworth, Certified Court Reporter No. 537, taken at that Arkansas Public Service Commission, Hearing Room No. 1, 1000 Center Street, Little Rock, Arkansas, commencing on the 26th day of March, 2013, at 9:30 a-rn- BUSHMAN COURT REPORTING LITTLE ROCK, ARKANSAS 501 -372-51 15 2 1 APPEARANCES 2 3 FOR THE COMPLAINANT: 4 MELVIN J. MALONE, ESQUIRE BUTLER SNOW 5 1200 ONE NASHVILLE PLACE 150 FOURTH AVENUE NORTH 6 NASHVILLE, TENNESSEE 3721 9-2433 7 WILLIAM R. ATKINSON, ESQUIRE SPRINT NEXTEL 8 3065 AKERS MILL ROAD S.E. SEVENTH FLOOR 9 ATLANTA, GEORGIA 30339 10 WILLIAM BRET LAWSON, ESQUIRE SPRINT COUNSEL 11 6450 SPRINT PARKWAY OVERLAND PARK, KANSAS 66251 12 FOR THE RESPONDENT: 13 SUSAN S. MASTERTON, ESQUIRE 14 CENTURYLINK 315 SOUTH CALHOUN STREET 15 SUITE 500 TALLAHASSEE, FLORIDA 32301 16 17 18 19 20 21 22 23 24 25 BUSHMAN COURT REPORTING LITTLE ROCK, ARKANSAS 501 -372-51 15 3 1 INDEX 2 JAMES BURT 3 Direct Examination by Mr. Atkinson _...---29 4 Prefiled Testimony oE James Burt -..---...30 5 Cross-Examination by MS. Masterton ..-... 133 6 Redirect Examination by Mr. Atkinson .--_141 7 AMY S. CLOUSER 3 Direct Examination by Mr. Malone __...-..155 9 Prefiled Testimony of Amy S. CLouser -... 156 10 Cross-Examination by Ms. Masterton .__...172 11 GUY E. MILLER, I11 12 Direct Examination by Ms. Masterton __...175 13 Prefiled Testimony of Guy Miller, I11 ..- 176 14 Cross-Examination by Mr. Lawson __...__..239 15 Redirect Examination by Ms. Masterton .__267 16 Joint Exhibit 1 _....__....___..___...._-...--..9 17 Sprint Exhibit 1 - Order 6 Docket 84-114-U .--242 18 Sprint Exhibit 2 - Order 14 Docket 84-114 ...- 242 19 Sprint Exhibit 3 - Order 2 Docket 99-126-U -_.243 20 Sprint Exhibit 4 - Testimony of Guy Miller 21 in Missouri Case ..___....__...-_-_...-__272 22 Certificate Page ............................. 280 23 24 25 BUSHMAN COURT REPORTING LITTLE ROCK, ARKANSAS 501-372-5115 4 1 PROCEEDINGS I 2 ALJ GRIFFIN: All right. Let's go 3 ahead and commence the hearing. This 4 hearing will come to order. 5 We are here today before the 6 Arkansas Public Service Commission in 7 Docket Number 12-064-C, a complaint 8 docket which was filed by Sprint. 9 It is styled: In the matter of a 10 complaint by Sprint Communications 11 Company, L.P. against CenturyTel of 12 Northwest Arkansas, L.L.C. doing 13 business as CenturyLink Communications. 14 And it is a request for expedited 15 relief. 16 This hearing was originally 17 scheduled by order number two that was 18 issued in this docket on November loth, 19 or the 19th, T'm sorry, of 2012- And it 20 was rescheduled to this date by order 21 number 4, which was entered February 22 16th -- February 26th of 2013. We had 23 some bad weather. And 3: do appreciate 24 Sprint letting us know in advance so 25 everyone has an opportunity for that to I BUSHMAN COURT REPORTING LITTLE ROCK, ARKANSAS 50'1-372-51 15 5 1 change the hearing date, so everyone had 2 a chance to change their travel plans. 3 So thank you €or that. It was good 4 thinking in advance. 5 We have a cell phone usage policy. 6 1 don't know if everyone is familiar 7 with it, but it is that if you have any 8 electronic devices or cell phones, 9 please silence them. They're not to be 10 used in the hearing room. And if you 11 need to use them, please step outside in 12 the corridor and that should be far 13 enough. Just make sure the door is 14 closed, so we don't hear you- 15 Are both parties ready to begin? 16 MR. MALONE: We are- 17 MS. MASTERTON: Yes, Your Honor. 18 ALJ GRIFFIN: Okay. Great- We 19 will begin with Sprint- If you will 20 introduce yourself, Mr. Malone, for the 21 record, and then your co-counsel, and 22 then if you will also tell me the 23 witnesses you have today to testify. 24 MR. MALONE: Thank you, Your Honor. 25 Melvin Malone with the law firm of BUSHMAN COURT REPORTING LITTLE ROCK, ARKANSAS 501 -372-51 15 6 1 Butler Snow on behalf of Sprint. And 2 with me are William Atkinson and William 3 Lawson of Sprint, And our witnesses 4 today are James Burt and Amy Clouser. 5 ALJ GRIFFIN: Clouser, not Clauser? 6 MS. CEOUSER: Clouser. 7 ALJ GRIFFIN: Clouser. I may get a that wrong. Forgive me if 1 do. 9 MS. CLOUSER: That is fine- 10 ALJ GRIFFIN: It is good to have 11 you a11 with us here today. 12 And Ms. Masterton? 13 MS- MASTERTON: Good morning, Your 14 Honor. Susan Masterton on behalf of 15 CenturyLink, and our witness today is 16 Guy Miller. 17 ALJ GRIFFIN: All right. Good to 18 have you both here today, too- Hope 19 everybody's travel ended up peaceful and 20 safe and you enjoyed it. 21 Okay. So if the witnesses, let's 22 go ahead and get this out of the way. 23 If you will stand and 1'11 administer 24 the oath. 25 Raise your right hand. BUSHMAN COURT REPORTING LITTLE ROCK, ARKANSAS 501 -372-51 15 7 1 (Whereupon the three witnesses were 2 sworn to tell the truth, and the 3 complete truth.) 4 ALJ GRIFFIN: Any procedural 5 matters from either party? 6 Mr. Malone? 7 MR. MALONE: 3. don't think so, Your a Honor. 9 MS. MASTERTON: Is this the time to 10 bring up the issue of the 11 interconnection agreement? 12 ALJ GRIFFIN: That would be great. 13 MR. ATKINSON: Your Honor, we would 14 like to go ahead and move for admission 15 the adopted interconnection agreement 16 that both Mr. Burt and Mr. Miller will 17 be discussing, I assume, at length 18 today. 19 It was filed by the parties on 20 August 25th, 2005 in Arkansas Public 21 Service Commission Docket Number 22 00-219-U, and 86-033-U. It is Sprint's 23 adoption of the Interconnection 24 Agreement between A13Tel Communications 25 Inc., and CenturyTel of Central Arkansas BUSHMAN COURT REPORTING LITTLE ROCK, ARKANSAS 501 -372-51 15 a 1 and CenturyTel of Northwest Arkansas. 2 ALJ GRIFFIN: All right. 3 MR. ATKINSON: I have three copies. 4 ALJ GRIFFIN: Great. So 5 Ms. Masterton, do you need a copy? 6 MS. MASTERTON: No, I have a copy. 7 ALJ GRIFFIN: Okay- Why don't you 8 give me a copy, one for the court 9 reporter and one for you to use. Will 10 the witness need his own or can you guys 11 share? 12 MR. ATKINSON: We have copies for 13 the witness. 14 ALJ GRIFFIN: AI1 right. NOW, what 15 are we going to call this? Are we going 16 to call this Joint Exhibit, or is this 17 going to be Sprint Exhibit? la MS. MASTERTON: It is okay with me 19 if it is joint. 20 ALJ GRIFFIN: Okay. Joint Exhibit 21 1. 22 And I'll just leave it to Joint 23 Exhibit, no objections, So it will be 24 admitted into the record. 25 MR. ATKINSON: Thank you. BUSHMAN COURT REPORTING LITTLE ROCK, ARKANSAS 501 -372-51 15 9 1 (Thereupon, as an exhibit to the 2 testimony of the witness, the said item 3 referred to above was marked JOINT 4 EXHIBIT 1 :) 5 ALJ GRIFFIN: Anything further? 6 MR. MALONE: I don't think so, Your 7 Honor. a MS. MASTERTON: None from 9 CenturyLink. 10 ALJ GRIFFIN: A11 right- I have 11 got one thing. We have discussed this 12 off the record. I want to go ahead and 13 put it on the record. Sprint has one 14 witness, Ms. Clouser, that has some 15 protected information in it. The way we 16 handle that is we all need to be aware 17 if we are going to cover any of that 18 protected information. And if we are, 19 then we will -- I want you to make sure 20 I am on board. Let me know. Object 21 immediately and say I think we are 22 getting into protected. It looks like 23 we have only got one person that is in 24 the courtroom that probably hasn't 25 signed an affidavit. And so at that BUSHMAN COURT REPORTING LITTLE ROCK, ARKANSAS 501-372-51 15 10 1 time we will ask the courtroom €or 1 2 anyone that didn't sign one to leave. 3 I don't know if we will get into 4 that today. It is a very small part of 5 this record, but if we do, let's be 6 alert of that, because 1 don't want: 7 anything released into the record that a is not. 9 And we want the court reporter to 10 be aware that that part of the testimony 11 is protected, she'll know how to handle 12 that, You have foreheard testimony. 13 You have got both the redacted and the 14 protected version? 15 MR. MALONE: Yes, Your honor.