Loading...
HomeMy WebLinkAbout20042666.tiff RESOLUTION RE: APPROVE PUBLIC UTILITIES COMMISSION, PARTIAL STIPULATION AND PARTIAL SETTLEMENT AGREEMENT OF THE PARTIES RE: JOINT APPLICATION TO EXPAND LOCAL CALLING AREA IN NORTHERN COLORADO AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Partial Stipulation and Partial Settlement Agreement of the Parties regarding a Joint Application to Expand Local Calling Area in Northern Colorado between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Public Utilities Commission, with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Partial Stipulation and Partial Settlement Agreement of the Parties regarding a JointApplication to Expand Local Calling Area in Northern Colorado between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Public Utilities Commission be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 8th day of September, A.D., 2004. BOARD OF COUNTY COMMISSIONERS f\\ E LA WEk;D COUNTY, COLORADO 861t ' S ' Robert D. Masden, Chair tf). yyr• Clerk to the Board �A � / A r William H. e, Pro-Tem Deputy Clerk to the Board Geile APBROV AS- RM: Da . Long ounty Attorne Glenn Vaa Date of signature: qfrAay 2004-2666 BC0034 fir! BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO Docket No. 03A-496T IN THE MATTER OF THE JOINT APPLICATION TO EXPAND THE LOCAL CALLING AREA IN NORTHERN COLORADO PARTIAL STIPULATION AND PARTIAL SETTLEMENT AGREEMENT OF THE PARTIES Nunn Telephone Company ("Nunn"), the Staff of the Public Utilities Commission of the State of Colorado ("Staff'), the Office of Consumer Counsel ("OCC"), and Larimer County, Colorado; Weld County, Colorado; City of Loveland, Colorado; Loveland Chamber of Commerce; City of Greeley, Colorado; Town of Windsor, Colorado; Windsor Chamber of Commerce; City of Fort Collins, Colorado; Fort Collins Chamber of Commerce; Town of Ault, Colorado; Town of Timnath, Colorado; Town of LaSalle, Colorado; Town of Kersey, Colorado; Town of Mead, Colorado; Town of Nunn, Colorado; City of Evans, Colorado; Town of Eaton, Colorado; Town of Estes Park, Colorado; Town of Milliken, Colorado; Town of Platteville, Colorado; Town of Berthoud, Colorado; and Town of Johnstown, Colorado (collectively, the "Applicants"), each individually a "Party" and collectively "the Parties," by and through their respective counsel, submit this Partial Stipulation and Partial Settlement Agreement ("Partial Stipulation") as more fully described herein. The Parties respectfully submit this Partial Stipulation for approval by the Commission pursuant to Rule 723-1-83(a) (2000) of the Commission's Rules of Practice and Procedure. PROCEDURAL BACKGROUND On or about November 14, 2003, the Applicants filed a Joint Application to Expand the Local Calling Area in Northern Colorado ("Joint Application"). The Commission published its Notice of Application Filed on or about November 19, 2003. By Decision No. C03-1350, Qwest and Nunn were made indispensable parties to the Docket. Qwest and Nunn filed a joint Notice of Intervention, Entry of Appearance, and Request for Extension of Time on December 15, 2003. In the motion, Qwest and Nunn requested an extension of time to and including January 30, 2004 to perform and submit "all necessary analyses to quantify calling volumes per customer ... and all necessary revenue and cost analyses to quantify the rate increment per customer." The motion was granted on December 17, 2003. OCC filed its Notice of Intervention on December 19, 2003. On or about December 30, 2003, Staff intervened in the Joint Application. Also on December 30, 2003, the Commission on its own motion entered an order waiving the requirement that the Commission mail its decision on the status of the Joint Application by January 5, 2004. See Decision No. C03-1465 and 4 C.C.R. 723-2-17.3.5. In that order, the Commission enlarged the time in which the Joint Application would automatically be deemed complete without Commission action and extended the date by which it must determine the completeness of the Joint Application to and including February 19, 2004. During the months of December of 2003 and January and February of 2004, non-disclosure agreements were filed on behalf of the OCC, Staff, Qwest, and various Applicants pursuant to Rule 723-16. On January 30, 2004, in accordance with Decision No. C03-1350, Nunn filed the results of its analyses to quantify the calling volumes per customer in the exchanges affected by the Joint Application as well as all necessary revenue and cost analyses to quantify the rate increment per customer. The revenue and cost analyses demonstrated that expanding the local calling area would equate to a gross annual rate increment of an additional $43,565 to be recovered from Nunn's customers. 2 On January 30, 2004, in accordance with Decision No. C03-1350, Qwest filed the results of its analyses to quantify the calling volumes per customer in the exchanges affected by the Joint Application as well as all necessary revenue and cost analyses to quantify the rate increment per customer. The revenue and cost analyses demonstrated that expanding the local calling area would equate to a rate increment of an additional $.06 per access line per month that could be added to all of Qwest's residential and business local phone service rates for all customers in its Colorado service territory. On March 29, 2004, the Parties held a meeting at which Nunn informed the Parties that it would not participate in the local calling area expansion; instead, Nunn stated that it would offer its customers an optional plan to the larger calling area and measured local service to those who do not choose the optional plan. At that time, Nunn did not identify what the rates would be for the optional or measured minutes of use. Staff requested that Qwest revise its cost study to reflect known changes in the switched access carrier common line rates and the capital investment associated with the calling area expansion. On or about April 23, 2004, Staff filed its Unopposed Motion for Enlargement of Time to File a Report in Response to Qwest Corporation's Cost Study, and Request for Waiver of Response Time. That request was granted pursuant to Decision No. R04-0454-I. On April 9, 2004, Qwest filed revised analyses to quantify known changes in the switched access carrier common line rates and the capital investment associated with such expansion. Further, Qwest updated the study to reflect the 2003 factors, which became available prior to that filing. Based upon the revised revenue and cost analysis of June 2003 though August 2003, the costs and lost revenues to Qwest from expanding the local calling area would equate to a rate 3 increment of an additional $.06 per access line per month to Qwest's residential and business local phone service rates for all customers in its Colorado service territory. On May 13, 2004, Staff filed its Report Pursuant to 4 C.C.R. 723-2-17.3.5. Staff confirmed that Nunn elected to offer an optional local calling area plan while Northern Colorado Qwest customers would receive a non-optional local calling area expansion that would include the Nunn exchange as part of the approval of the Joint Application. Staff submitted a copy of Nunn's correspondence confirming its intentions, a copy of which is attached as Attachment A. Staff further identified the revisions Qwest incorporated into its revised analyses filed with the Commission on August 9, 2004 that addressed Staff's concerns. Staff reported the revised study was complete for purposes of this docket and recommended the study be accepted without further modification. On May 21, 2004, the Administrative Law Judge issued an order accepting Qwest's revised cost study filed on or about April 9, 2004 and ordering Qwest to proceed with the customer survey using the survey form approved in the order. See Decision No. R04-0515-I. On June 30, 2004, Qwest filed its Notice of Survey Results. Qwest reported that it mailed 1,600 surveys to a random selection of its residential customers throughout the exchange areas being considered for calling area expansion. Of the 1,600 surveys mailed, 488 surveys (30.5%) were returned. Of those surveys that were returned, 387 responded yes (79%) and 101 responded no (21%). THE AGREEMENT The Parties agree and stipulate as follows: 1. Summary of Agreement. In an attempt to narrow the disputed issues in this docket and to promote administrative efficiency, the Parties are entering into this Partial Stipulation to 4 resolve specific factual and legal issues described herein. All remaining issues are reserved and will be determined by the Commission. 2. Requested Expansion of Local Calling Area. The Applicants propose that the local calling area expansion occur between the following exchanges: From Qwest Exchange: To Exchange: Berthoud La Salle, Nunn Exchange Eaton-Ault Estes Park, Ft. Collins, Loveland, Mead Estes Park Eaton-Ault, Gilcrest, Greeley, Johnstown-Milliken, La Salle, Mead, Platteville, Windsor, Nunn Exchange Fort Collins Eaton-Ault, Gilcrest, Greeley, Johnstown-Milliken, La Salle, Mead, Platteville Gilcrest Estes Park, Ft. Collins, Loveland, Nunn Exchange Greeley(Evans Estes Park, Ft. Collins, Loveland &Kersey) Johnstown- Estes Park, Ft. Collins, Nunn Exchange Milliken La Salle Berthoud, Estes Park, Ft. Collins, Loveland, Nunn Exchange Loveland Eaton-Ault, Gilcrest, Greeley, La Salle, Platteville, Windsor, Nunn Exchange Mead Eaton-Ault, Estes Park, Ft. Collins, Windsor, Nunn Exchange Platteville Estes Park, Ft. Collins, Loveland, Nunn Exchange Windsor Estes Park, Loveland, Mead, Nunn Exchange 3. Community of Interest Standard. The Applicants seek approval of the local calling expansion pursuant to the alternative criteria standard set forth in Rule 723-2-17.3.3.2. Rule 723-2- 17.3.3.2 provides that, when evaluating such a request, "the Commission shall consider community of interest issues dictated by urban growth patterns, and the present and future availability of essential services in rural areas." 4 C.C.R 723-2-17.3.3.2. In making its determination, the Commission shall consider the following criteria: (a) the local calling area principles of Rule 723- 2-17.3.1; (b) customer calling patterns; (c) the location of serving transportation centers; (d) demographic profiles of the residents of the exchange(s); and (e) the location of primary centers of 5 business activity and employment centers, and the location of employee residences. See 4 C.C.R 723-2-17.3.3.2. In addition, "[t]he Commission may consider other pertinent factors such as the availability and feasibility of optional calling plans, and the local and long distance competition." 4 C.C.R. 723-2-17-3.3.2. The Parties note that Rule 723-2-17.3.1 provides that, in general and to the extent possible, each local calling area should: (a) allow customers to place and receive calls without payment of a toll charge to 9-1-1, their county seat, municipal government, elementary and secondary school districts, libraries, primary centers of business activity, police and fire departments, and essential medical and emergency services; (b) be provided in both directions between the two exchange areas; and (c) not exhibit any discontinuities. See 4 C.C.R. 723-2- 17.3.1. 4. Conformity with Alternate Criteria Standard. Relying upon the information contained in the Joint Application, Nunn, Staff, and the OCC stipulate with the Applicants to the facts contained therein. The Parties agree that the stipulated facts constitute clear and convincing evidence of a community of interest under the alternative criteria standard. A copy of the Joint Application, excluding exhibits, is attached hereto as Attachment B and is incorporated herein by reference. 5. Purpose of this Agreement. This Partial Stipulation is a partial settlement of specific disputed issues of fact and law, and is made for settlement purposes only. All other issues remain in dispute. Except for settlement purposes in this docket, no Party concedes the validity or correctness of any regulatory principle or methodology directly or indirectly incorporated in this Partial Stipulation. Furthermore, this Partial Stipulation does not constitute an agreement, by any Party, that any principle or methodology contained within this Partial Stipulation may be applied to any situation other than the above-captioned docket. No precedential effect or other significance, 6 except as may be necessary to enforce this Partial Stipulation or a Commission order concerning this Partial Stipulation, shall attach to any principle or methodology contained in this Partial Stipulation. 6. Support by Parties. Except as provided herein, the Parties agree to support all aspects of the stipulations and agreements embodied in this Partial Stipulation in any hearing or proceeding conducted to determine whether the Commission should approve this Partial Stipulation, including, but not limited to, any pleadings, comments filed, or testimony given in such a proceeding, or in any appeal of the decision. Each Party also agrees that it will take no action in any administrative or judicial proceeding, or otherwise, which would have the effect, directly or indirectly, of contravening the provisions or purposes of this Partial Stipulation. Furthermore, each Party represents that, except as expressly provided in this Partial Stipulation, in any proceeding in which this Partial Stipulation or its subject matter may be raised by a non-party, it will support the continued effectiveness of this Partial Stipulation. Without prejudice to the foregoing, the Parties and each of them expressly reserve the right to advocate positions different from those stated in this Partial Stipulation in any proceeding other than one necessary to enforce or obtain approval of this Partial Stipulation or a Commission order concerning this Partial Stipulation. Nothing in this Partial Stipulation shall constitute a waiver by the Parties or any of them with respect to any matter not specifically addressed in this Partial Stipulation. 7. Final Commission Order. This Partial Stipulation shall not become effective and shall be of no force and effect until the issuance of a final Commission order approving this Partial Stipulation and not containing any material modification of this Partial Stipulation that is deemed unacceptable by any of the Parties. In the event the Commission modifies this Partial Stipulation in a manner unacceptable to any Party, that Party may withdraw from this Partial Stipulation and shall 7 so notify the Commission and the other Parties in writing within ten (10) days of the date of the Commission order. In the event a Party exercises its right to withdraw from this Partial Stipulation, this Partial Stipulation shall be null and void and of no effect in these or any other proceedings, and the above-captioned docket shall be set for hearing and a procedural schedule established. 8. Inadmissibility. In the event this Partial Stipulation becomes null and void, or in the event the Commission does not approve this Partial Stipulation, this Partial Stipulation, as well as the negotiations and discussions undertaken in conjunction with this Partial Stipulation, shall not be admissible into evidence in these or any other proceedings. 9. Public Interest. The Parties stipulate that they have reached this Partial Stipulation by means of a negotiated process in the public interest and that the results reflected herein are just, reasonable, and in the public interest. The Parties agree that approval by the Commission of this Partial Stipulation shall constitute a Commission determination that the stipulations and agreements contained herein are a just, equitable, and reasonable resolution of the issues described herein. The Parties agree to the specific waiver of any Commission rule identified in this Partial Stipulation, and the waiver of any such additional Commission rule(s), to the extent necessary to implement or effectuate this Partial Stipulation. 10. Construction and Enforcement. This Partial Stipulation shall be construed, interpreted, and enforced in accordance with the laws of the State of Colorado. 11. Integrated and Binding Agreement. This Partial Stipulation is an integrated agreement that may not be altered by the unilateral determination of any Party and which shall be binding on and shall inure to the benefit of the Parties hereto and their successors and assigns. 12. Counterparts. This Partial Stipulation may be executed in separate counterparts, and the counterparts taken together shall constitute the whole of this Stipulation. 8 13. Facsimile Execution and Signature Authority. This Partial Stipulation may be executed by facsimile transmission. Signatures obtained through facsimile transmission shall be valid and binding as if they were original signatures. Attorneys and other representatives and agents signing on behalf of the Parties represent and warrant that each has the authority to bind the Party to the terms of this Partial Stipulation. 9 JAN-07-2005 FRI 01:31 PM FAX NO. P. 02 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO Docket No.03A-496T IN THE MATTER OF THE JOINT APPLICATION TO EXPAND THE LOCAL CALLING AREA IN NORTHERN COLORADO MOTION TO SUBMIT ADDITIONAL APPLICANT SIGNATURES TO THE PARTIAL STIPULATION AND PARTIAL SETTLEMENT AGREEMENT The City of Loveland, Colorado, through its undersigned attorney, respectfully requests that the Public Utilities Commission accept the attached signatures to the Partial Stipulation and Partial Settlement Agreement filed on August 30, 2004 (`Partial Stipulation") from the following Applicants: Latimer County, Colorado; Weld County, Colorado; City of Fort Collins, Colorado; Town of Windsor, Colorado; City of Greeley, Colorado; Town of Ault, Colorado; Town of LaSalle, Colorado; Town of Mead, Colorado; Town of Kersey, Colorado; City of Evans, Colorado; Town of Eaton, Colorado; Town of Milliken, Colorado; Town of Estes Park, Colorado; and Town of Berthoud, Colorado. Those signatures are submitted in accordance with the discussion and schedule established at the Preheating Conference and aro intended to be a part of the Partial Stipulation as if filed contemporaneously therewith. Respectfully submitted this 2001 day of October, 2004. CITY OF LOVELAND,COLORADO By: Sharon L. Citino, #32800 Loveland City Attorney's Office 500 East Third Street Loveland, CO 80537 (970) 962-2540 citins@ci.loveland.co.us JAN-07-2005 FRI 01:31 PM FAX NO. P. 03 ATTORNEYS FOR THE CITY OF LOVELAND, COLORADO STIPULATED AND AGREED UPON this 30`h day of August, 2004. Staff of the Commission: Office of Consumer Counsel: Geraldine G. Santos-Rach Patricia A. Parker Chief of Fixed Utilities Rate/Financial Analyst 1580 Logan St., OL1 1580 Logan St., OL7 Denver, CO 80203 Denver, CO 80203 303.894.2537 /3y' / 303.894.2126 Approved as to Form: Approved as to Form: Anne K. Botterud G. Harris Adams Reg. No. 20726 Reg. No. 19668 Office of the Attorney General Office of the Attorney General 1525 Sherman Street, 7`h Floor 1525 Sherman St., 5th Floor Denver, CO 80203 Denver, CO 80203 303.866.3867 303.866.5441 r Nunn Telephone Company: Qwest Corporation: Name: Paul R. McDaniel Title: Assistant Vice President for Regulatory Affairs P.O. Box 249 Denver, CO 80202 Nunn, CO 80648-0249 303.896.4552 Approved as to form: Approved as to Form: Barry L. Hjort David W. McGann Reg. No. 19551 Reg. No. 34521 P.O. Box 300 1005 17th St., Suite 200 Littleton, Co. 80160 Denver, CO 80202 303.795.8080 303.896.3892 10 STIPULATED AND AGREED UPON this 30th day of August, 2004. Staff of the Commission: Office of Consumer Counsel: Geri Santos-Rach Kenneth V. Reif, Director Chief of Fixed Utilities Office of Consumer Counsel 1580 Logan St., OL2 1580 Logan St., OL7 Denver, CO 80203 Denver, CO 80203 303.894.2533 303.894 121 Approved as to Form: Approved as to Form: Anne K. Botterud G. Harris Adams Reg. No. 20726 Reg. No. 19668 Office of the Attorney General Office of the Attorney General 1525 Sherman Street, 7th Floor 1525 Sherman St., 5`h Floor Denver, CO 80203 Denver, CO 80203 303.866.3867 303.866.5441 Nunn Telephone Company: Name: Title: P.O. Box 249 Nunn, CO 80648-0249 Approved as to form: Barry L. Hjort Reg. No. 19551 P.O. Box 300 Littleton, CO 80160 303.795.8080 10 08/30/04 MON 11:55 FAX e 00 EIS/.'O/?O04 1^_: 54 370^97^7^7 iIUf N TELEPHONE CO PAGE 0./0^ STIPULATED AND AGREED UPON this 30th day of August, 2004 Staff of the Commission: Office of Consumer Counsel: Geri Santos-Rath Patricia A. Parker Chief of Fixed Utilities Rate/Financial Analyst 1580 Logan St., OL 2 1580 Logan St., OL7 Denver, CO 80203 Denver, CO 80203 303.894.2533 303.894.2126 Approved as to Form: Approved as to Form: Anne K. Botterrd G. Harris Adams Reg. No. 20726 Reg. No. 19668 Office of the Attorney General Office of the Attorney General 1525 Sherman Street, 7th Floor 1525 Sherman St., 5t'Floor Denver, CO 80203 Denver, CO 80203 303.8663867 303.866.544 7 i Nunn TeJeph .cetiipat > a _ Title: - P.O. Box 249 Nunn, CO 80648-0249 t7-.- e Approved issioftrnir Barry L. Iijort Reg. No. 19551 P.O. Box 300 Littleton, CO 80160 303.795.8080 Jo AUG-30-2004 M0N 10:35 AM FAX NO, F. 03 Lorimer County, Colorado: Weld County, Colorado: Name: Ncune: Robert D. Masden _ Title: - Title: Chairs Board of County Commissioners Address; Address: 91 1gth Street Greeley, Colorado 806.22 Telephone: T ephone: 970-356-4000 x 4200 SEP 0 R 7004 Signature 5ignatui�� Approved as to Fonn: Approved as t on. 7 4.447- ATTEST: ATTEST: ,� Name: Title: WELD COUNTY CLER. TOTH BO Reg, No.; % c "'1/4?�1 Address; '"DEPUTY CLE TO THE BOAR 915 10th St. Greeley, CO %r. ` W _q Telephone: Telephone: (970)356-4000 X4200U N'S Signature . • City of Loveland, Colorado: Loveland Chamber of Commerce: ' Name: DON F. WILLIAMS Name: (��'-�= Title: CITY MANAGER Title: Address: 500 EAST THIRD ST. Address: LOVELAND, CO 80537 Telephone: 570-962-2306 Telephone: M� _ rr— J "i VLJ_XJ� bwtti Signature Signature Approved as to Form: Approved as to Form: Name; SHARON CITINO Name: Title: ASSISTANT CITY ATTORNEY Title: Reg. No.: 32800 Reg. No.: Address; 500_.EA5T_SHLRD.ST Address; — } LOVELAND, CO 80537 Telephone; _570-562-2542 Telephone^ `� eTt tobe Signature Signature 11 cRCL')5/---Q6G JAN-07-2005 FRI 01:31 PM FAX NO. P. 04 ' OCT-15-2004 FRI 11:08 AM FM NO. P. 02 Lorimer County,Colorado: W d County,Colorado: Name: N e: Title: �' T; . Add s• A reels• QL O I l Telephone:7r' - 4/9 '— J Ted i bone: gnature Signature Approved as to Form: A lied as to Form: Name: N e' Title: Ti e: Reg.No.: a rSl° _ R No.: Address; 915 t : a41 q 4 f7• A : 1,(f (n VS;2. Telephone: q 4 7 O T epbene: Signature Signature City of Loveland,Colorado: L land Chamber of Commerce: Name: N ha; Title: Ti e:' Address: I — A dross: Telephone: T Cpl one: Signature • I Signature Approved as to Form: A proved as to Form; Name: N Title: T 1e:c Reg.No.: R g.No.: Address: A dress: Telephone: T fephone: Signature Signature tt JAN-07-2005 FRI 01 :31 PM FAX NO. P. 06 OCT-07-2004 THU 02:31 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 02 City of Greeley,Colorado: Town of Windsor,Colorado: Name Name: Tills: Title: Address: Address: Telephone; Telephone: Signature -Signature Approved as to Form: Approved As to Form; Name: Name: _ Title: Title; Reg,No,: Reg.No,: --- Address: Address: Telephone: Telephone: • Signature Signature Windsor Chamber of Commerce: City of Fort Collins,Colorado: Name: Name; Darin A. Attebury Title: Title: City Mana9ar Address: A resg Dfl Porte"!YC enuc _ Fort Collins, olora 080521 Telephone: 'telephone: 970 221 05 0..r Signature Signature Approved as to Fenn: Approved as to Form: None: Name: Kral a F.cton Title: Title: Assistant City Attorney Reg.No.: Reg.No.: 20706 Address: Address: 900 LaPorte Avenue __. Part'CotXIni';'22f"87352] Telephone: Telephone: _.._ --_w Signature FP Signature 12 JAN-07-2005 FRI 01:31 PM FAX N0. P, 07 09/14/2804 15:42 9784991210 FI044 PAGE 92/02 01/14/2004 10'50 FAA win eA$ ?IRO loin OF IINDIOR City of Greeley.Coloradot Ten of Windsor,Colorado: Name: Nano: sotda�ed L Title: Tide: MA4e Address: Address: _ 3D/ t 4uAres—.Sr Telephone: Telephone: 9 41a 12�o Signature Approved as to Fenn: Approved as to Fenn: r Name: J 0 Id M `I7- rR 4- Name: a a. Title: r-' 1 Reg.No.: Reg.No.: OO Address: 3l t Colas aP Address: Foitr ate-bus, Cu 29(4 4 / r Telephone: Td�pbyge: 6 Signature /!/�/"JJ Sl Wtndaor Chamber of Commerce; City ofFert Collins,Colorado; Name: Name Tide: Title;MINIP Address: Address: Telephone: Telephone: Syaa Sipatme Approved as to Fenn: Approved as to Fonn: Names_ Name:Title; Title: Rey,.No.: Reg,No.:_ Address: Address: Telephone: Telephone Signature Signature 12 JAN-07-2005 FRI 01:32 PM FAX NO, P. 08 09/20/2004 YON 12:59 FAX ItiO2/003 City of Greeley,Colorado: Town of Windsor,Colorado: Name: • Name: Titlo: Title; Address: Address: Telephone: —+ Telephone: c-. ;teal LnA Coley of Greeley attestant paiignature Signature Approved as to Form: Approved as to Form: Name: Name: ,Title: Title: Reg.No.: Reg.No.: Address: Address: Telephone: Telephone: Signature Signature Windsor Chamber of Commerce: City of Fort Collins,Colorado: Name; Name; Title: • Title: Address: Address: Telephone: Telephone: • Signature Signature Approved as to Form: Approved as to Form: Name: Name: _ Titles Title: Reg.No.: Reg.No.: Address: Address: Telephone: Telephone: Signature Signature 12 JAN-07-2005 FRI 01:32 PM FAX NO. P. 09 In the Matter of the Joint Application to Expand the Local Calling Area in Northern Colorado City of Greeley,Colorado Signature Page IN WITNESS WHEREOF, the parties hereto have executed this Partial Stipulation and Partial Settlement Agreement the day and year first hereinabove written. ATTEST: THE CITY OF GREELEY,COLORADO By: es t n-,c,c- L City ClcrktN Mayor APPROVED AS TO SUBSTANCE: APPROVED AS TO I, . FORM: /V / By: City Manager City A m AVAILABILITY OF FUNDS: By: tractor of Fina JAN-07-2005 FRI 01:32 PM FAX NO. P. 10 '1-°m-Seo.15. 2004 2:26PM Town of Ault No.9811 P. 2 alga A Docket No.01Ad967 ONadaa Na a04-10704 Sepat &I,21104 Pate IS OM Fort Collins Chamber of Commerce: Town of Anit,Colorado: Name: Name: vaFtla..4 rid, Title: Title: /1tMdV Address- Address: lts f t,-c+. Telephoner Telephone 97O IA/ 2I ' i • Signature Signature i .i Approved as to Form: Approved as to Form: Name: _ Name: R . Gel:Ari/ A",Erb, ' Title: _ Title: T.,,,,,, AillerNe ReE.Add Nio Reg,No.: Se 73. Y I: . Address: Ai 40s ,3314 SS Telephone: Tel hone: n..i4.7 „. e. .Fe613 (0701 333— KSc8 i /� Signature 1 • _ 1' Town ofTimnath,Colorado: Town of LaSalle,Colorado: Name: Name: Title: —_ Title: Addresc- • Address: Telephone- _ • Telephone: l Signature Signature i Approved as to Form: Approved as to Form: 4 Name: y N21218; Title: (j Title: , Reg.No.: Reg.No.: l._ Address: iI Address: r' • Telephone: Telephone. • • Signature Signature i 13 i JAN-07-2005 FRI 01 :32 PM FAX NO. P. 11 ne/Soo.28:, 2004348:39AMe3526sa7 W H & H LLC No.2881 PM= 02/82 Fort Collins Chamber of Commerce Town of Ault,Colorado: Name: Name: Tide: Titir. Address: Address: Telephone: Telephone: Signature Signature Approved as to Form: Approved as to Form: Names Name: Title: Title; _ Bog.No.: _ Reg,No,: Address: Address: Telephone: Telephone: • Signature Signature Ton of Timnath,Colorado: Town of LaSalle,Colorado: Name: Name: - ' t 1►Z E ✓A Title: Title: rri A r d rt.. Address: Address: I d t alp a -sr Telephone: Telephone; n) a S!-,tr 9'?/ T /�J 11 Signature Signature Approved as to Fong: Approved as to Foim: Name: Name: l C Title: Title: o Reg,No.: Reg.No.: 1 f Address: Address: t i(of U. Telephone: Telephone; "•7 e• 3S f Signature SiBosduc 13 JAN-07-2005 FRI 01 :32 PM FAX NO. P. 12 09/29/2004 15:36 9705350031 TOWN OF MEAD PAGE 52 SEP-29-2004 NED 01:10 PM FAX NO. P. 02 1 • It:Aio�, I ae f paport,leg 1AOM 070, Peso MOM I Town of Kersey,Colorado: TowA of Mead,Colorado: Name: Name:/' L 0, Flow...; Title: Title: Yount: /t, Address: Address: P. O. t h 6 Juetc o ras'E2 Telephone: Telephone: 970 cat- V4077 Signature Signature Approved as to Form: Approved as to Perm: . Natno: Name: h/a Title: T Title: Reg.No.: Rog.No.: Address: • Address: — Telephone: _ Telephone: Signature Signature Town of Nano,Colorado: City of Evans,Colorado: Name:— Name: Tale: Title: Address: Address:. Telephone: Telephone: • Signature Signature Approved as to Form: Approved as to Form: Name: Nemo: Title; Title: Reg,No Rot No.: Address: Addross: Telephone: „ Telephone: • Signature Signature• 14 JAN-07-2005 FRI 01 :33 PM FAX Na P. 13 ' Sop 30 04 03:02p TOWN OF KERSEY (9701352-2197 p_ 1 SEP-30-04 THU 1426 WILth N K SWTHARD, ATV ml '"' ^'^ 7t7 tine P 111 Pos��t4r Fax Note 7671 0aI cegac/pc/ Imo► / - T°!p eye &Attlee F"°'" Lrnnede.oo.sc000- Q°106 PP• Phmet }PMn.WO'--35d-/GP/ T wa of Kaxey)(Vandal To, ru r9�v 9� a9oD "� " Nam:Sey M Name: Tide: Title: - Address: Address;. Tdcphonec DJ • Telephone; Signature proved sii to Porro � (/ Approved is to Form: „,..S.Name: _Uon F ,6 Name Title; d etkeyTille: tee.No.; Ref No.: Mesas: ,i ON 6.3E4 Address: Or-t--‘0." (o go 3+ . _ 'Telephone: .912±714 c C.- (.1 4.7? Telephone: Sienat}uc Siietgnue Town er Nan,Colorado; cloy or Event,Colorado: . Name: �_ . — Nsmc: . _ Title; Title: Address: _._— Address:. Telephone; - _ Teephone: — Slgesiere Siptanra Approved as to Ponw Approved as to Form; Name: Name: Tittc: _ Title: Reg.No:- Reg.He.: Address: Addreu: Telephone: Telephone: --.._ ^Sigutore IL Signature 14 2.4 1.612-ccetottl1 A3Stl9M d0 r1R01 d5pIxn Do ea dot; JAN-07-2005 FRI 01 :33 PM FAX NO. P. 14 Town of Kersey, Colorado: Town of Mead,Colorado: Name: Name: _ T Title: Title: Address: Address: Telephone: _ Telephone: Signature Signature Approved as to Form: Approved as to Form: Name: • Name: Title: Title: Rcg.No.: Reg. No.: Address: _.. .._.,.._ Address: Telephone: Telephone: Signature Signature Town of Nunn,Colorado: City of Evans,Colorado: Name: Name: fA I- ,valt:1 tt1t sb<✓r�, Title: _ Title: i1\Ckp Address: Address: o 31 St u n 5 CO t&X,do Telephone: - - 1' one: _ -ii Signature Signature P4(441._ Approved as to Form: Approved as to Form: Name: Name; _ m Title: Title: o, t Reg.No.: Reg.No.:err) ._... Address: Address: O s jt,irj5 _ e e Ic& Co %U,','' Telephone: --. Telephone: • 10• 53-S5o`3 Signature Signature 14 _JAN-07-2005 FRI 01:33 PM FAX NO. P. 15 08/31/2004 10:06 970-454-3339 TOWN OF EATON PAGE 02/02 Rug 31 2004 6: 14A0 HP LASERJET 3330 p.2 Town of Eaton,Colorado: Town of Etas Park,Colorado: Name: Cat y Cars re n, Name: Title: Irv-., ria....e aft Address: 7 Z 3 1 rr S7r..a r Addren: F4T0., Co nets ' ° ster Telephone: Signature Signature Approved as to Form: Approved as to Porn Name: R. anssalj Anson Name: Title: Town Attorney Title: Reg.No.: 5672 Reg.No.: Address: P. 0. Box 336155 Address; Sreeley. Cp_80633 Telephone; 970-3 3-5506 Telephone: Town of MilUken,Colorado: Town of Platteville,Colorado: Name: Name: Title: Title: - Address: mss: - • Telephone: Telephone: Signature Signature Approved as to Form: Approved as to Form: Name: Name: Thle: Title: Reg,No.: R.eg,No,: Address: Address: Telephone: • Telephone: Signature Signature Is JAN-07-2005 FRI 01 :33 PM FAX NO. P. 16 09/27/2004 14:31 9705872678 MILLIKEN PAGE 01 Town of Eaton,Colorado; Town of Estes Park,Colorado: Name: Title: Name: Address: Address: Telephone: Telephone: Signature Signature Approved as to Form Approved as to Form: Name: Name: Title: Title: • Reg,No,: Reg.No.: Address; Address: Telephone: Telephone: Signature Signature Town of Million, Colorado: Town of Platteville,Colorado; Name: ` 4�S1n4A Mune: Title: Title: Address; a Address: Telephone, Telephone: Signature Signature Approved as to Form; Approved as to Form: Name: Name: Title: Title: Reg,No.: Red.No:: Address: Address: Telephone: Telephone: Signature Signature rs Aug 30 04 01 : 50p Gregory A White 9706672527 p. 2 Aug 30 2004 H_40AM HP LASERJET FAX p. 1 Town of Eaton,Colorado: 'Town of Estes Park, Colorado: Name: Name: jayN B,ovot--4 Title: Title: #lAYo/C. Address: Address: ,4o lint /100 flies Aserri th Fos'/7 Telephone: Telephone: 970--577 -37o4 Signature Signature Approved as to Form: Approved as to Fong: Name: Name: (..T- Title: Title: Thuu... IA- t1-e vv, t� Reg.No.: Reg. No.: r3 Ll D Address: • Address: 1 { L2 W, 2- et .11"- Le..LU u... t �aLA 11- (r Telephone: Telephone: 0 Signature Signature Town of Milliken,Colorado: Town of Platteville, Colorado: Name: Name: Title: Title: Address: Address: Telephone: Telephone: Signature Signature Approved as to Form: Approved as to Form: Name: Name: Title: Title: Reg.No.: Reg.No.: Address:- Address: Telephone: Telephone: Signature Signature 15 JAN-07-2005 FRI 01 :34 PM FAX NO. P. 18 Town of Berthoud,Colorado: Town of Johnstown, Colorado: Naane: 'hLag. kW-speck Name: _ _. Title: _Mayor o r r Title: Address: =, La MassaeNorc:v 4 ye_. Address: . Po 3.x Izty BcwrIevyti. Co Telephone: (et 7o)S3a-24 Sc3 goS/3 Telephone: SignattuIee Signature Approved as to Form: Approved as to Fomv Name: ) ) ���e_ Name: I� r Title: .J{.:.:i.:iw? ,t Y Title: Reg. No.: Ce S,_ Reg.No.: Address: et C J IS 017T, Address: T )≥ 17ne'url CC' Res 3 _. elephone: 9'7 6 •-.54,4Z Telephone: c Signature Signature 16 JAN-07-2005 FRI 01:34 PM FAX NO. P. 19 CERTIFICATE OF SERVICE,: This is to certify that I have duly served the within MOTION TO SUBMIT ADDITIONAL APPLICANT SIGNATURES TO TI1E PARTIAL STIPULATION AND PARTIA L SETTLEMENT AGREEMENT upon all parties herein by depositing copies of the same in the United States mail, first class postage prepaid, at Loveland, Colorado this 20th day of October,2004,addressed as follows: Andrew 13. Claus,Esq. Winslow B. Waxier, Esq. G.Harris Adams David W. McGann, Esq. Assistant Attorney General Qwest Corporation Office of the Attorney General 1005 17°i Street, Suite#200 1525 Sherman Street, 5th Floor Denver, CO 80202 Denver, CO 80203 Nunn Telephone Company Pat Parker P.O.Box 249 Office of Consumer Council Nunn, CO 80648 1580 Logan Street, Suite 740 Denver,CO 80203 Barry L. Mort, Esq. P.O. Box 300 P.B. Schechter Littleton, CO 80160 Office of Consumer Council 1580 Logan Street, Suite 740 David P, Ayraud, Esq. Denver, CO 80203 Assistant County Attorney P.O. Box 1606 Anne K. Botterud Fort Collins, CO 80522 Assistant Attorney General Office of the Attorney General County of I arimer 1525 Sherman Street, 5th Floor Torn Bender,Commission Chair Denver,CO 80203 P.O. Box 1190 Fort Collins, CO 80522 Gary Klug Public Utilities Commission City of Evans 1580 Logan Street,OL-2 1100 37th Street Denver,CO 80203 Evans, CO 80620 Sharon Podein City of Fort Collins Public Utilities Commission 300 Laporte Avenue, Floor 2 1580 Logan Street, OL-2 Fort Collins, CO 80522 Denver, CO 80203 City of Greeley Becky Quintana 1000 10th Street Advisory Staff Greeley, CO 80631 Public Utilities Commission 1580 Logan Street, OL-2 Denver,CO 80203 JAN-07-2005 FRI 01 :34 PM FAX NO. P. 20 County of Weld Mike Zimmerman David E. Long, Commission Chair Advisory Staff 915 10th Street Public Utilities Commission Greeley,CO 80632 1580 Logan Street, OIr2 Denver, CO 80203 Town of Ault Sharon Sullivan,Town Clerk/Treasurer Town of Eaton 201 First Street Gary Carsten, Town Administrator Ault, CO 80610 223 First Street Eaton, CO 80615 Town of Berthoud P.O. Box 1129 Town of Gilcrest Berthoud, CO 80513-2229 Paul Chacon,Mayor 204 8`h Street,Box 128 Town of Estes Park Gilcrest, CO 80623 Join Baudck, Mayor P.O. 13ox 1200 Town of Kersey Estes Park,CO 80517 Timothy J.Phippard,Mayor 332 Third Street Town of Johnstown Kersey, CO 80644 Troy Mellon,Mayor Box 609 Town of Mead Johnstown, CO 80534 Richard E. Kraemer,Mayor 441 Third Street Town of LaSalle Mead, CO 80542 Tim Evans,Mayor 128 North Second Street Town of Nunn LaSalle, CO 80645 Duane Bayne, Mayor 185 Lincoln Avenue Town of Milliken Nunn, CO 80648 P.O. Box 290 Milliken, CO 80543 Town of Timnath Annalee Foster,Mayor Town of Platteville 4100 Main Street Nicholas J.Meier,Town Administrator Timnath,CO 80547 400 Grand Avenue Platteville, CO 80651 Town of Windsor Board of Trustees 301 Walnut Street Windsor, CO 80550 JAN.07'2005 13:04 #1951 K.002/006 boelcuN0.0JM96T hake No.W(-10701 • hoes 42004 Are 100f09 STIPULATED AND AGREED UPON•this 30th day of August,2004. • Staff of the Commission: Office of Consumer Counsel: Geraldine G.Santos-Rath Patricia A.Parker Chief of Fixed Utilities Rate Financial Analyst 1580 Logan St,OLi 1580 Logan St;OL7 Denver,CO 80203 Denver,CO 80203 303.894.2533 303.894.2126 • Approved as to En Approved aai to Penn: Anne K.Bottom! G.Harris Adams Reg.No:20726 Reg.No. 19668 Office of the Attorney General Office of the Attornv General 1525 Sherman Street,7m Floor • 1525 Sherman St,5 Floor Denver,CO 80203 Denver,CO 80203 303.866.38676..33867 3032663441 03a Nunn Telephone Company: Qwest Corporation; • • Name: Paul R.McDaniel • Tide: Assistant Vice President for Regulatory Affairs P.O.Box 249 Denver,CO 80202 Nunn,CO 80648-0249 303.896.4552 Approved as to form: Approved as to Form: Barry L.Hjort David W.McGann Reg.No. 19551 Reg.No.34521 P.O.Box 300 100517th St, Suite 200 Littleton,Co. 80160 Denver,CO 80202 . • 303.795.8080 303296.3892 • • • 20 JAN.07'2005 13:04 #1857 P.003/006 stitS A • Docket No.03M96T • Decedem Nw R0r-1070.1 • September I,2004 • Pagel'Of39 STIPULATE)AND AGREED UPON this 30i°day of August,2004. • Staff of the Commission: Office of Consumer Counsel: . God Santos-Rack Kenneth V.Reif,Director Chief of Fixed Utilities Office of Consumer Counsel 1580 Logan St.,O12 1580 Logan St.,OL7 Denver,CO 80203 Denver,CO 80203 303.8942533 303. 12� • • • Approved as to Form: Approved as to Form: Anne X.Botterud O.Harris Adams Reg.No.20126 Reg.No: 19668 Office of the Attorney General, Office of the Attorney General 1525 Sherman Street,7e°Floor 1525 Sherman St.,56 Floor Denver,CO 80203 Denver, CO 80203 303.8663867 303.866.5441 Nana Telephone Company:, Name: True: P.O.Box 249 Nunn,CO 80648-0249 • Approved as to form: Barry L.Hjort Reg. No. 19551 P.O.Box 300 . Littleton,CO 80160 - . 303.795.8080 • • 19 JAN.0712005 13:04 #1857 P.004/006 $/30/_tla i 12t 54 9TOB97272T NUM 1E1E3'!�E CO Decision1 200$.070-1 • Ot3 • • • STIPULATE)AND AGREED UPONthis 306 day of August,2004. Staff of tlri Centeinton- • Office crCensamer Counsel: Geri Samos-Ram Patricia A.Parker Chief of.Fused UtiiiOies 1580 Lope St,O .a 1 Logan Sl Analyst Denver.CO 80203 1580 CO 8O2 3 • 301894.2533 Dotter, 80203 303.894.2126 • Approved as to Fenn: . Approved as to Penn: Anne K Boated ' ' G Fes:Adams Reg.No.20726 Rey.No.19668 • Office ed'the Attorney General Office of the Auorn g General ]525 Sherman Stmt,76 Floor 1525 Sherman St., rThor Denver,CO 80203 Darvcr, CO 80203 303.866.3867 3O3.866.5414 Nunn Tdeph Po - • • • Side• . P.O.Hot 249 Nunn,CO 80648.0249 • :17 A.pprtrear fig Bury L.*ft Reg No. 19551 P.O.Bolt 300 Littleton.CO 80160 303.795.8080 • 10 JAN.07'2005 13:04 #1857 P.005/006 AUG-30-2004 NON 10:35 AN FAX NO. Bah A Docket ,03k, 967 t+.e61oals au.-io7at spnma.;moe • Page noes Latimer County,Colorado Weld County,Colorado: Namo: - Nemo: Title: Title: • Address: Address: • Telephone: — Telephone: • I . Signature Signature Approved as to Irons: Approved as to Perm: Name: _ Name: Title:' • Title: Reg.No.: Reg.No.: Address: Address: Telephone: Telephone: Signature Signature City of Loveland,Colorado: Loveland Chamber of Commerce: Name: DON F. .4ILLIA$S Name: . • Title; city NAJ1AGER —T Title: • Address: 50D EAST THIRD ST. Address: LOVELAND. CO 80531 Telephone: 970-962-230¢__, Telephone: • Signature Signature Approved as to Form: Approved as to Poem: Name: _%MO c IT Name: Title: ASSISTANT CITY ATTORNEY Title: • Reg.No.: 32800 Reg.No.: Address: sgp_Edst_tiito sr Address: • _ LOVELAND, Co 80537 Telephone; rJ0-962;3.542 Telephone: Signature Signature • JAN.07'2005 13:04 #1857 P.006/006 EkkiWt A Flug 30 04 D1s50, Gregory Fl White 9709672527 Dal 144.0JAd96T • DecaiaNa R04.14704 Rug 30 2004 9:4pnM HP IRSERJET FR% Sep,Nnbere,2004 •• Pass 17 er19 • • Town of Satoa,Cnkrado: Town oflatw Park,Colorado: Nemec • Na4 a ig_aeraten Tide: Tide ati : a Address: Act Cole /moo EAf_.4e i to "S17 Telephone: • Talepboun lat.-sr, -Tha_d' •/at• Signature • Approved as to Paint Approved es to For • • • Nssne Neon Cr-.,, c Tlas Title: 44 rw t3/4) Reg.No.: • Rag No.: r^3 't n J • Address: Addresi:, i q irs? r✓- 19 • Telephone: _ •• Telephone; . S12netoro *alma • L• • Town of Colorado: Town of Platteville,Colendo Name: • Nome: Title: Title ' Address: Addicts • Telephone: Telephone: Signature Sigaetmt ' Approved as to Poe= .Approved as to Pont: - Nome ' Nan Title • Title:• . Rog.Na: Ref,No.: Adelman. • Address: • Telephone: Telephone: • `. . Sipaaue Signature• . •e. • A BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO Docket No. 03A-496T IN THE MATTER OF THE JOINT APPLICATION TO EXPAND THE LOCAL CALLING AREA IN NORTHERN COLORADO UNOPPOSED JOINT MOTION TO APPROVE PARTIAL STIPULATION AND PARTIAL SETTLEMENT AGREEMENT OF THE PARTIES AND REQUEST FOR WAIVER OF RESPONSE TIME Pursuant to Rule 22 of the Commission's Rules of Practice and Procedure, Nunn Telephone Company ("Nunn"), the Staff of the Public Utilities Commission of the State of Colorado ("Staff'), the Office of Consumer Counsel ("OCC"), and the City of Loveland, Colorado ("Loveland"), (collectively referred to as "Joint Movants"), through their undersigned attorneys, respectfully request that the Commission issue an order approving the "Partial Stipulation and Partial Settlement Agreement of the Parties" ("Partial Stipulation"), filed contemporaneously herewith in this docket, which resolves specific issues in this proceeding. In general, the Joint Movants have resolved the issue in this docket as to whether the Applicants have demonstrated clear and convincing evidence of a community of interest under the alternative criteria for the community of interest standard set forth in 4 C.C.R. 723-2-17.3.3.2. However, all other issues not specifically addressed in the Partial Stipulation are reserved and will be addressed at hearing. By this Partial Stipulation, the Joint Movants are attempting to streamline the hearing by avoiding presentation of testimony from as many as twenty-two applicants on an undisputed issue. Thus, Joint Movants request the Commission's approval of the Partial Stipulation to give all parties certainty in preparing pre-filed testimony. Qwest, though not a party to the Partial Stipulation, participated in the drafting and negotiation of the stipulation entered into by the Joint Movants. The undersigned counsel for Joint Movants are authorized to represent that Qwest does not object to the Commission's approval of the Partial Stipulation. Accordingly, as no party opposes this Motion, it is appropriate that response time hereto be waived so that the Commission may consider this request at its earliest convenience. Counsel for Staff has reviewed this motion and has authorized the undersigned counsel for the OCC to execute it on Staffs behalf. WHEREAS, for good cause shown, the Joint Movants respectfully request that the Commission issue an order approving the Stipulation filed contemporaneously herewith. As no party opposes this Joint Motion, the Joint Movants further request r IIVV JV LVVT IIVII LV'JJ 1111 I llll "Vi Ii VL that response time hereto be waived. Respectfully submitted this 30'h day of August, 2004. KEN SALAZAR KEN SALAZAR, ATTORNEY GENERAL ATTORNEY GENERAL Nc is dams, No. 19668 ....__._.." BY: C (�J`S � BY: ,J G. IfarrAnne K. Botterud, 20726* tea Assistant Attorney General Assistant Attorney General Office of the Attorney General Business and Licensing Section 1525 Sherman Street, 5th Floor 1525 Sherman Street, 7th Floor Denver, Colorado 80203 Denver, Colorado 80203 (303) 86G-5441 Telephone: (303) 866-3867 (303) 866.5342 (Fax) Facsimile: (303) 866-5395 anne.botterucl@state.co.0 s ATTORNEYS FOR THE COLORADO COUNSEL FOR STAFF OF THE OFFICE OF CONSUMER COUNSEL PUBLIC UTILITIES COMMISSION *Counsel of Record NUNN TELEPHONE COMPANY: CITY OF LOVELAND, COLORADO BY: _ BY: Qt4fiaLl• elCGfil Barry L. Hjort, #19551 Sharon L. Citino, #32800 P.O. Box 300 City Attorney's Office Littleton, CO 80160 500 East Third Street 303-795-8080 Loveland, CO 80537 rollsroyal@aol.com 970.962.2540 CitinS@ci.loveland.co.us ATTORNEY FOR NUNN ATTORNEY FOR THE TELE3PIION.E COMPANY CITY OF LOVELAND, COLORADO that response time hereto be waived. Respectfully submitted this 30th day of August, 2004. KEN SALAZAR KEN SALAZAR, ATTORNEY GENERAL ATTORNEY GENERAL BY: BY: G. Harris Adams, No. 19668 Anne K. Botterud, 20726* Assistant Attorney General Assistant Attorney General Office of the Attorney General Business and Licensing Section 1525 Sherman Street, 5th Floor 1525 Sherman Street, 7th Floor Denver, Colorado 80203 Denver, Colorado 80203 (303) 866-5441 Telephone: (303) 866-3867 (303) 866-5342 (Fax) Facsimile: (303) 866-5395 anne.botterud@state.co.us ATTORNEYS FOR THE COLORADO COUNSEL FOR STAFF OF THE OFFICE OF CONSUMER COUNSEL PUBLIC UTILITIES COMMISSION *Counsel of Record NUNN TELEPHONE COMPANY: CITY OF LOVELAND, COLORADO B • BY: Barry L. Hjort 9551 Sharon L. Citino, #32800 P.O. Box 300 City Attorney's Office Littleton, CO 80160 500 East Third Street 303-795-8080 Loveland, CO 80537 rollsroyal@aol_com 970.962.2540 CitinS@ci.loveland.co.us ATTORNEY FOR NUNN ATTORNEY FOR THE TELEPHONE COMPANY CITY OF LOVELAND, COLORADO Attachment A - t -lip ciColorado s , �`�'' Telecommunications . , ,f r4 Association "Companies Connecting Colorado" May 12, 2004 G. Harris Adams, J.D., C.P.A Assistant Attorney General Office of the Attorney General 1525 Sherman Street, 5th Floor Denver, CO 80203 Anne K. Botterud, Esq. Assistant Attorney General Office of the Attorney General 1525 Sherman Street, 5th Floor Denver, CO 80203 Re: Docket No. 03A-496T: Nunn Dear Harris& Anne: As I indicated I would do in our recent meeting concerning several of the pending issues involved in the proposed Northern Colorado Calling Area expansion docket, I am providing the following information concerning Nunn Telephone Company's intentions with respect to the calling plan(s) it intends to offer in the event that the COPUC approves the proposed expansion. You will recall that our discussion in this regard focused on your requests for specific information as to Nunn's intentions and Nunn's request that the Staff Report to the Commission incorporate a proposed waiver of Commission Rule 723-2-17.3.6 which requires that a statistically valid survey be conducted by each local exchange provider whose customers will be affected by any proposed expansion. If the proposed calling area expansion affecting Nunn is approved, Nunn intends to offer its customers the option to elect an unlimited, flat rate calling plan for local calling into the expanded calling area for a flat rate of$11.25 per month. which amount will be in addition to the Nunn current basic residential service rate of$20.56 per month or in addition to the current basic business service rate of $30.8o per monti-,. The current residential and business basic service rates wil. not change for those customers who do not elect to take the optional calling nth.: EXHIB'- -, ' : _^_at- -^_an. .S 4. ._ 30. : ..r•^.rn • 30: 791..1:4;f3 (Far_ • 30' 55u 4771. („eI?) 1 { - r t n,': `@ ao?.c',r^ .CO1,- i L_CC' For those Nunn customers who do not take the optional calling plan, calling by such customers who make calls into the expanded local calling area will be billed at the rate of$.11 per minute. Nunn is also considering making a concurrent tariff filing that would provide its customers who do not elect the optional calling plan with a blocking option that would permit its customers to avoid the imposition of toll charges for calls which they might otherwise believe to be local into the expanded calling area. (This proposal would likely be very similar to the blocking option that Strasburg Telephone Company has provided to its customers.) Nunn is aware that the Commission's rules require that expanded calling be established on a"two-way" basis. Thus once C0PUC approval is granted for the calling area expansion, calls made by subscribers located outside the Nunn service area, but inside the expanded local calling area to Nunn's customers will be made as local, toll-free calls. I have not included detail here concerning the access charge loss and other costs that Nunn will incur as a consequence of the proposed calling area expansion. If you have questions in that regard, or require additional detail —I suggest that you contact Nunn's consultant: Kevin Kelly at 719.266.4334. It is my understanding that the above information meets your needs, and that as a result Staff will recommend waiver of the customer survey requirement for Nunn in its Report to the COPUC. If you have additional questions, please contact me. Very truly yours, !/ Barry L. Ff cc Greg Grablander, Nunn Telephone Kevin Kelly, TCA Gary Klug, COPUC Pat Parker, 0CC Attachment B APPLICATION TO THE PUBLIC UTILITIES COMMISSION FOR THE PURPOSE OF EXPANDING THE LOCAL CALLING AREA xecutive Summary This application is a joint Northern Colorado filing for expansion of the local calling area. We would like two-way calling between each of the communities listed in the current calling area and the proposed calling area listed in the attached exhibit (Exhibit Table to Clarify Calling Area Expansion Request). The application is based on the alternate criteria standards for the community of interest. The communities in support of the application have attached letters. The letters indicate that there is substantial support for this effort. The county letters have a majority of the county commissioner signatures, as required. The current calling area for Loveland includes the following exchange areas: Fort Collins, Estes Park, Loveland, Berthoud, and Johnstown-Milliken. This application is a request to add the following exchange areas: Windsor; Eaton-Ault; Greeley; Lasalle; Evans; Platteville; and northern exchange area dissected by Highway 85 (area bordered by the northern state line, the Fort Collins exchange area on the west, the Eaton-Ault exchange area on the east and the Windsor exchange area on the south). A map has been included in the attached material. Residents and businesses in Northern Colorado truly support a regional economy in every aspect of their lives. Evidence of the interdependence of the business centers in the Northern Colorado region has been found to exist in every segment of the economy. > Growth management areas for Northern Colorado communities are contiguous. • There is substantial travel between r ' h} _j three main business centers for U 111- Regional Travel Patterns both employment and shopping. ' - 1 > Short distances, short travel times, '1 Ilr w� accessible roadways, and moderate 'll .aii»n.travel traffic volumes between business centers in Northern • = ^ =<. tvFB� Colorado are factors that +__f ° ., ', �_ perpetuate interdependence. Source:Nor-th Front Range Metropolitan Planning Organization > Businesses are buying local. 45% inputs used by primary employers to generate goods and services are purchased from local businesses in the region. > The regional North Front Range Transportation & Air Quality Planning Council exists due to regional cooperation of the communities in Northern Summary - 1 xecunve Summar- oiorado, particularly related to transportation initiatives. Regional economic development organizations exist because of the salability of the regional concept for recruiting businesses. > Utility providers have a dependence upon resources and customers throughout the region. > Two major hospital systems (locations in Greeley, Loveland, and Fort Collins)provide services for patients throughout the region and are major employers in the region. > Educational entities serve overlapping county areas for kindergarten through 12`h grade. Windsor residents that attend Thompson Valley (Loveland) schools. > Universities and community colleges serve the entire region. These institutions are serving a role in continuing education for the businesses in the area and are amongst the largest employers in the region. • > Non-profit agencies, Larimer and Weld counties work together to address human service needs of the region, as well as support the strong agricultural business segment of the region through extension services. > Regional leisure destinations attract users from the entire region providing a well-rounded, higher quality of life. It is understood that there could be an incremental increase to the monthly bill for each customer throughout the calling area based on infrastructure costs to make the expansion possible. It is our hope that given the number of customers included in the proposed area each customer's proportional share would be very small. We believe the elimination of monthly cost of long distance between the exchanges included in the application and the cost of service alternatives to avoid long distance calls would substantially reduce monthly financial obligations of businesses and residents in our region. It is our hope that the Public Utilities Commission will see the value of the body of evidence that has been submitted to establish a community of interest. Summary- 2 Pros sed Local Cal g •Area Expan ion -=-- -----v---- Telephone Exchanges LEGEND 1 p TYPE (ROVER f:::, NITNaS 3 yid NUNN �gfia0 ��0 I • 1 , ' �Q L...0"1".• ® nno,alc.,z n � iQRTGVI LIPS. E I uncoN,cN in I ®y�Nu 00..10.,1.1•9 I [222[(!J 4"'"W i 11•1• I ®6.elYetIL . RElItIal are VMS c.,"i._n..mart... k, 1 . __ .. .9�. f LarImer - ! +I g1 " ("WOW, I 1 EoR r x)1'11 f RATc ALL1r ,£ @(I6 \ i _ e .-ti t EaTMd We d(r• I + SEVERANCE Jackn (al � v - JE • 14 •F •• 44 '� ..: •�••I •�I` ply I 6_ 11. simply � (OUELNO .$ 4 E 1. , ,I y °i Ems PARKEESEY [NMS (YI \ li i .-I IT-ANN5TO I -TM-IA SALLE...-, 'A -• NNSTONAIJALLNEN ` I y RERTNVUB •- " t •n,. 6SSBERihWO MUfE(r„r ,"-1,—..P Rmrnouo GlCRF5T IA£ALLE �"� 0 r g a rand READ�p NuMMNE August 111.21103 ..� I novae.&Jobe 70'all Boulder (ocsurr -rr A_,__J I n ERli1FlUC.!( AREENESBfRG Y £f" 141 -re B9GOVO RlPi(LPION MASON ER �x;affair Table to Clarify calling Area Expansion Request - Exhibit ::change Current Calling Areas Proposed Calling Areas (Extension) 3er.;roud !Eaton-Ault, Estes, Ft. Collins, La Salle. Nunn Tele. Gilcrest, Greeley, Johnstown- Milliken, Longmont, Loveland, Mead, Platteville, Windsor Eaton-Ault Berthoud, Gilcrest, Greeley, Estes Park, Ft. Collins, Loveland Johnstown-Milliken, LaSalle, Platteville, Windsor, Nunn wire center, Briggsdale & Grover wire centers of Wiggins. Estes Park Allenspark, Berthoud, Ft. Collins, Eaton-Ault, Gilcrest, Greeley, Johnstown- Loveland, Lyons Milliken, La Salle, Platteville, Windsor, Nunn Tele. Fort Collins Berthoud, Estes Park, Loveland, Eaton-Ault, Gilcrest, Greeley, Johnstown- (Harmony& Windsor,Nunn wire center(Nunn Milliken, La Salle, Platteville, Wellington) Tele.), Red Feathers &Walden wire centers (CenturyTel) Gilcrest Berthoud, Eaton-Ault, Greeley, Estes Park, Ft. Collins, Loveland, Nunn Johnstown-Milliken, La Salle, Tele. Mead, Platteville, Windsor Greeley(Evans) Berthoud, Eaton-Ault, Gilcrest, Estes Park, Ft. Collins, Loveland Hudson,Johnstown-Milliken, Keenesburg,La Salle, Mead, Platteville,Weldona, Windsor, Roggen wire center, Nunn wire center, Briggsdale, Grover, Hoyt, New Raymer&Wiggins wire centers of Wiggins, Stoneham wire center. Johnstown- Berthoud, Eaton-Ault, Gilcrest, Estes Park, Ft. Collins, Nunn Tele. Milliken Greeley, LaSalle, Loveland, Mead, Platteville, Windsor La Salle Eaton-Ault, Gilcrest, Greeley, Berthoud, Estes Park, Ft. Collins, Loveland, Hudson, Johnstown-Milliken, Nunn Tele. Keenesburg,Mead, Platteville, Windsor Loveland Berthoud, Estes Park, Ft. Collins, Eaton-Ault, Gilcrest, Greeley, La Salle, Johnstown-Milliken, Mead Platteville, Windsor, Nunn Tele. Exhibit 1 -Page 1 of 2 Ex-;;ibis Table to U'larify Calling Area Expansion Request - Exhibit I Exchanue Current Calling Areas Proposed Calling Areas (Extension) !Platteville Berthoud. Eaton-Ault, Ft. Lupton. Estes Park, Ft. Collins. Loveland. Nunn Gilcrest, Greeiey, Johnstown- Tele. Milliken, La Salle, Longmont, Mead, Windsor Windsor Berthoud, Eaton-Ault, Ft. Collins, Estes Park, Loveland, Nunn Tele. Gilcrest, Greeley, Johnstown- Milliken, La Salle, Platteville Nunn Tele. of At least to Greeley, Eaton-Ault, Ft. Berthoud, Estes Park, Gilcrest, Johnstown- CenturyTel Collins Milliken, La Sale, Loveland, Platteville, Windsor • • Exhibit 1 -Page 2 of 2 APPLICATION TO THE PUBLIC UTILITIES COMMISSION FOR THE PURPOSE OF EXPANDING THE LOCAL CALLING AREA 'his application is a joint filing for expansion of the local calling area in Northern Colorado. The current calling area includes the following exchanges: Fort Collins, Estes Park, Loveland, Berthoud, and Johnstown-Milliken. This expansion application is to add the following exchanges: northern exchange area around Highway 85 (area bordered by the northern state line, the Fort Collins exchange area on the west, the Eaton-Ault exchange area on the east and the Windsor exchange area on the south); Windsor; Eaton- Ault; Greeley; Lasalle; Evans; and Platteville. We are requesting two-way calling between all communities in the current and proposed exchange areas as indicated in the map below. AIb.nY L.r.... l _ Telephone ,:.::.' ,-41)-::-;7.i ..'/ Exchanges t yW 'ra r* '""`r iW . moo.. 1� _ #�- -rim- , t h F �: �urwau wn L %it-ii. ::-,,:.:11,1.1 _ r r ."1:7:74, .:4',''Ve- 1-, f J•cl“:1 1 , 11 1CM"-tlir'entana A A. ;. cr." k, Iw r — Letters of support are intended to be "signatures" for the application. Several communities are participating in this joint application as indicated by the "Exhibit Table to Clarify Calling Area Expansion Request-Exhibit 1 ". Letters of support have been signed by a majority of the county commissioners in both Weld and Larimer Counties. We believe the evidence presented in this application meets the alternate criteria standard for a community of interest. Northern Colorado is a regional economy with local calling area needs. 1 REGIONAL ECONOMY interdependence of Business Centers The Northern Colorado area is a regional economy. Its interdependence is much like the Denver Metro area. Urban Growth Areas, Growth Management Areas, City Limits The North Front Range Transportation &Air 2 Quality Planning Council staff collected information YT .5 ,. — about growth areas. These "n' c I areas are called Urban ti� �,,� Growth areas in some ^� r I Cveschn communities and Growth ®. : �; 7 ova. Management Areas in �".'�. � —' others. The map to the left 40'4.-;l4,1 rid indicates plans for the .. ,; ., ^t ---14. I-_-2--� communities to annex and _ - .:: i • ~° I tarn / incorporate the areas into Z-4- • their city limits. It clearly �" — -� indicates that the communities are forming a geographic regional relationship. The next graphic indicates that the regional economy already exists. It is the commuter patterns and tells the tale well. According to the 2001 Regional Household Travel • III"I Survey Overview, a North Front Rs r• - Regional Travel Patterns Range Metropolitan Planning t - d'i , Organization (NFRMPO) ' "• ua study: 1!!1 ••. 1 r, I +t ' ��es�wwwxVA ten.__ • 30% of Greeley's • �' tit I y�' m�ti workforce commutes t ■ il� ��• outside Greeley ,i�5 • 9r� �` •.n d • 45% of Loveland's ` '` A' workforce commutes : ,,. _< ..n., r . outside of Loveland �, L `-s_• er4illiffi li U t 4 �. `. t AM�m r Y� ' • 17/o of Fort Collins' d •l9n�n� v. w F in I s y+ workforce commutes a ° � ;" outside of Fort Collins °w ' 4if • 2 Regionalism relates to the close proximity of the business centers. If Fort Collins were used as the point of origination the following chart indicates the short distances in miles and times for communities in the region. Chi Hiles Minutes Loveland 8 • • .-. Greeley 29 Windsor 10 According to the NFRMPO, "many residents in Northern Colorado are spending much of their time driving. If the average number of household trips per day is 6.25 trips and the average trip length is 18.64 minutes, each resident in Northern Colorado is spending an average of 116.5 minutes or almost two hours traveling in one day." The point is that residents in Northern Colorado are accustom to driving and think very little of driving for their needs and desires throughout Northern Colorado. The Northern Colorado Economic Development Council produced and distributed a report in June, 2003, Northern Colorado Primary Employers Research Project. The purpose of the project is to determine existing businesses' ability to do business in Northern Colorado and to identify the strengths and weaknesses of business activity in Northern Colorado from the perspective of the firms themselves. The project was based on an interview approach with thirty-eight primary employers. Primary employers are defined by their products-goods or services that are exported out of the region and that result in net"new" dollars returning to the region. There were several findings with regard to regional business issues. Two of the most important as it pertains to the need to communicate between counties are workforce commuters and supplier relationships for business in the region. Larimer County Residents Who Work in The report provided information about Other Counties the Larimer County workforce that supports regionalism. 21,206 employees or 16% of the total Larimer Adams Other s i County workforce lives in Larimer 19%�* • County and works in other counties. Boulder 6,290 or 30% of them commute to We 36% Weld County. 30% Denver to% The Smart Trips program reports that there are approximately 1,500 participants in the Smart Trips commuter program. The study indicated that on the average commuters travel in excess 20 miles one way to work. 3 The NCEDC Primary Employers report also International found that "45% of the ��� it National inputs used by local business included in the Regional(between 50-250 mi.) r research are purchased Local(within 50 mi.) from businesses within , ,t the region and almost o 10 20 30 40 50 60 40% of the goods Source of Supplies by Percentage produced from those inputs are sold with Northern Colorado. This, indeed, shows the interconnectivity of Northern Colorado's economy." There were several findings in the report that suggest the regional economy will continue to thrive. • According to the report 16%rated the local business climate better today than five years ago. • 80% felt that the local business climate five years form today will be better than it is at the present • 42% have been increasing investment in the facility, while almost 40% have had a steady rate of investment • Job growth is anticipated, primarily in the manufacturing sector • 39% of the employers stated that there would be come expansion in the employment base and nearly 53% said they would remain at the same level of employment • 80% of the primary employers are predicting at least some growth in sales Since a little less than 3% of the essential ss a older I I workforce is described as near retirement the trends are expected to continue. 35-55 yrs , R I I or less 0 20 40 60 80 Percentage of Workforce 4 ,)11;:. 'I iorauo Luc'. The Center for Business and Economic Development and the State Demographer indicate nat job growth in Northern Colorado will be above the state and national levels over the -text 20 years further supporting the notion that the current patterns will continue into the suture. North Front Range is the modeling area for the regional transportation study. The study that was commissioned indicated that there will be a 70%job growth in Larimer County by 2030. Weld County will see a job growth of 95% over the same time period. Regional Transportation Planning The North Front Range Transportation& Air Quality Planning Council is an association of local governments was formed in 1987 to address transportation and air quality planning issues in Colorado's North Front Range. It is responsible for transportation planning in the region that consists of the most populous parts of Larimer and Weld Counties, including the cities of Fort Collins, Greeley, Loveland, Evans and the towns of Berthoud, Garden City, Johnstown, LaSalle, Timnath and Windsor. This council has developed a$606.3 million transportation plan based on the regional interdependence founded in employment, shopping and entertainment. The plans focus on regionally significant corridors. These corridors are defined as a corridor that serves as an important link between major communities and destinations within or outside the North Front Range. Corridors are identified as far north as Wellington, east to Kersey, south to Gilcrest and across to the Boulder County line south of Berthoud, and west into the Poudre and Thompson Canyons. It includes highway projects, transit projects,bike and pedestrian projects, rail projects, Transportation Demand Management projects and Transportation System Management projects spread throughout the region. The organization is working on the means to finance the plan that requires significant coordination efforts between member communities in both Larimer and Weld Counties. There is currently an effort to develop support for a funding mechanism and a North Front Range Transportation Authority to manage funds made up of Berthoud, Evan, Fort Collins, Garden City, Greeley, Johnstown, Loveland, Milliken, Timnath, Windsor and the unincorporated areas of Weld and Larimer Counties. Regional Economic Development The Northern Colorado Economic Development Corporation(NCEDC) is a 501(c) 6 designated, public/private, not-for-profit corporation serving Northern Colorado. Funded by investments from regional businesses and government entities, the focus of the NCEDC is to leverage public and private funds to strengthen existing employers, support expansion projects, provide critical research for decision-making, and recruit new employers who create primary jobs, invest capital, and add vitality to the economy. The organization has many investors from various sectors of the community and is served by a 27-member Board of Directors, CEO, and staff that work closely with local resources and business service providers. 5 • _,.._:.'1[ •rc: itsan They strive to enhance the region's future by supporting existing businesses and recruiting new businesses to our vibrant communities. They are focused on increasing the number of primaryjobs in our region, which will ultimately create exported goods and services that, in return, will draw new business and industry into our area. Another economic development effort that crosses the county lines and therefore the calling area lines is the Weld/Larimer Revolving Loan Fund program. The loan fund was established to assist with the financial needs of the companies expanding or locating to the rural areas of Weld or Larimer County. The program is funded through the State of Colorado Community Development Block Grant (CDBG) allocation and is administered by the Greeley/Weld Economic Development (EDAP) agency. Larimer County has an intergovernmental agreement with Weld County for the CDBG Loan Fund. A copy of that agreement has been attached (Exhibit 2). Economic development of the Northern Colorado region involves a considerable amount of communication for the benefit of the regional economy. Utilities By law Platte River Power Authority can only provide service to Estes Park, Fort Collins, Longmont and Loveland. However there are operational dependencies on Weld County. • 13% of the Platte River Authority workforce lives in Weld County and works in facilities in Larimer County. • Over the last two years, Platte River has done business with 58 Weld County vendors. Northern Colorado Water Conservancy District is a public agency created in 1937. It provides water for agricultural, municipal, domestic and industrial uses in northeastern Colorado. NCWCD encompasses 1.5 million acres in portions of Boulder, Larimer, Weld, Broomfield,Morgan, Logan, Washington, and Sedgwick counties. Most of the 95 full time positions work in Loveland and will move to Berthoud once that facility is complete. The Little Thompson Water District has a 300 square mile service area generally bound by the City of Loveland on the north, Longs Peak Water District on the south, the City of Greeley, the South Platte River and the St. Vrain River on the east, and the foothills on the west. It also now includes the former Arkins Association and the Town of Mead. They provide treated water to about 6,500 homes and businesses in Northern Colorado. The organization is a user-owned, not for profit public utility with customers in Larimer, Weld, and Boulder counties. Healthcare Providers The major hospital systems in the area serve the entire Northern Colorado region as well as southern Wyoming and southwestern Nebraska. They have provided information 6 about their patients and their workforce that indicates that Northern Colorado communication is important. Pouare Valley Hospital in Fort Collins i Larimer County Facility Patient Care(Overnight Employees stays in 2001) Portion from Weld 1045 257— 10% of County workforce; 101 367 from the greater of them from Greeley area and 678 from Windsor Windsor/Johnstown/Milliken Poudre Valley Health Systems Health Systems of Fort Collins, Colorado and Regional West Medical Center of Scottsbluff, Nebraska are joining efforts to build a$200 million regional hospital immediately south of the Fort Collins Loveland airport. Service provisions will be specialized: heart care and surgery,neurosurgery, and trauma. It will be a 115-bed facility with 500 employees. Its service area is expected to be northern Colorado, southern Wyoming and southwestern Nebraska. Banner Health Care System in Larimer and Weld Counties Facility Patient Care Employees (work in one county and live in the other) McKee Medical 400 or 6% inpatient 100 or 10% of Center-Loveland, 1255 or 6% emergency workforce Larimer County 2600 or 5% outpatient Northern 730 or 5% inpatient 263 or 5% of Colorado Medical 640 or 2% emergency workforce Center— Greeley, 1811 or 2% outpatient Weld County Banner Health Care System has announced plans for a two-phase $70 million expansion. The expansion will include a new Intensive Care/Telemetry unit, expand birthing suites in the obstetrics department, add two additional surgical suites and enlarge the Peri Auesthesia Care Unit. Both hospital systems have made a substantial commitment to the Northern Colorado region. They provide excellent patient care and are amongst the largest employers in the area. Communications within the region are particularly important in this industry. 7 Primary Education (K- 12) The map to the right illustrates the issue with 'I '" v Telephone uL Exchanges overlapping boundaries. m The brown line is the z C i? easterly border of the , ' ` rx Thompson Valley ; I School District. There "" are several Windsor , students in the proposed t:41 calling area expansion i A (light green) that attend - Thompson Valley �_ --- Schools. It is a long distance school to "— contact the school or for the students to call home. Sports conferences have been set up by the schools districts, one designated for the football league and one for all other sports. The Tri-Valley 3A Football Conference includes: Berthoud, Fort Lupton, Fort Morgan, Mountain View (Loveland), Northridge (Greeley), Silver Creek (Longmont), Sterling and Windsor. District 4 sports conference for all other sports includes several Northern Colorado teams. This conference includes: Berthoud, Fort Lupton, Fort Morgan, Greeley Central, Greeley West, Longmont, Niwot, Skyline(Longmont), Sterling, and Windsor. Communication amongst Northern Colorado schools becomes critically important as these teams schedule games,juggle facility availability and set up coaches meetings for a variety of other administrative tasks. Communication between parents, coaches and athletes because important throughout the year as well. Secondary Education Colorado State University Colorado State University is a land-grant institution and a Carnegie Doctoral/Research University-Extensive. 24,000 students from every state and 95 foreign countries. 150 programs of study are offered within eight colleges. • 163 employees that live in Weld County • 69 students (generally first year students that still claim parents address) • 12 active Colorado alumni chapters • Extension Offices in 59 of 64 Colorado Counties, including Weld and Larimer Counties 8 Jrt): rn 1...torcao Lu,.:f jaLi nw...">.. • Events in the athletic, music, theater &dance departments draw audiences primarily from the enure Northern Colorado region o Rams field teams in 15 intercollegiate sports o Hughes Stadium with capacity for 30,000 fans o Moby Arena with capacity for 9,000 fans o 300+performances, exhibits, and other arts events annually University of Northern Colorado • Single campus in Greeley, Colorado • 11,000 students from 47 states and 52 nations • 40 undergraduate degree programs with 103 emphasis areas and 52 graduate degree programs with 90 emphasis areas • 1,035 Larimer County residents were enrolled as students in 2002. • UNC does business with 400-450 Larimer County commercial vendors annually • 123 of their 1,382 employees live in Larimer County(9%) • 794 undergraduate and 241 graduate students attend UNC and live in Larimer County Front Range Community College • Front Range Community College has campuses in Boulder, Boulder County, Brighton, Larimer(Fort Collins), Estes Park, Longmont, and Westminster. The Larimer Campus in Fort Collins provides education and is an employer in Larimer County that draws from the entire Northern Colorado region. There are 4,698 students enrolled at the Larimer Campus and the enrollment has tripled in 10 years. 146 of those students live in Weld County and commute to Fort Collins to attend classes. FRCC-Larimer has strong partnerships with Colorado State University and the three public school districts in the county - Park, Poudre, and Thompson. FRCC's Veterinary Technology program is a partner with the Program of Excellence at CSU's College of Veterinary Medicine and Biomedical Science. It provides continuing education for several major area employers: CSU, Hewlett- Packard, Poudre School District, Eastman Kodak, Poudre Valley Hospital, Woodward Governor, the City of Fort Collins, Larimer County, Teledyne Water Pik, LSI Logic and Anheuser-Busch. Eastman Kodak located in Windsor is currently a long distance call. Aims Community College Aims Community College is one of the largest and most comprehensive two-year colleges in Colorado. The main campus is located in Greeley, Colorado. Since 1967 Aims has established three campuses— Greeley, Fort Lupton, and Loveland. Today 14,000 students who annually attend the college choose from 60 degree and certificate programs. In addition, Aims helps businesses and industry assess employee job skills and improve work productivity. The Aims student body is, on the average, older than 9 ,racto ., most community colleges. The average Aims student is age 34, is female, works part- ::me and has a family. This particular demographic has special, low-cost, communication needs. Aims teaches recent high school graduates, senior corporate officials, first graders nn the summer college for Kids program, and instructs 90-year-oids on how to keep number in Senior Shape-Up classes. Aims Community College is truly a college for the community. Student Database Information • 529 of the 1,029 (51%) students that reside in Larimer County commute to either the Greeley or Fort Lupton campuses • 121 of 4,679 (3%) of the students that reside in Weld County commute to the Loveland campus Workforce Database Information • 68 of 125 (54%) employees reside in Larimer County and commute to the Greeley or Fort Lupton campuses to work • 18 of 529 (3%) employees reside in Weld County and commute to the Loveland campus to work Non-Profit Agency Coordination of Service Delivery Many of the United Way agencies that provide service in Larimer County have administrative offices in Greeley. Catholic Charities Northern, Consumer Credit Counseling Services, Hope Counseling Center, Lutheran Family Services, and RVNA Home Care Services all operated from both counties. Additionally, United Way Offices collaborate on many dual county projects such as the Funders Fair on July 315t. This event brings together well over 200 nonprofit agencies from Larimer and Weld Counties to meet with funders from across the state to explore new funding opportunities. The Loveland Community Health Center is a non-profit organization that serves the uninsured and underinsured members of communities throughout the Northern Colorado Region. Over the last year(2002) 304 of 6,934 of their patients were from Weld County. This is fairly substantial since it is a Larimer County service entity sponsored by the McKee Medical Foundation. Island Grove Regional Treatment Center, Inc. is the only substance abuse treatment center for the Weld and Larimer County area. The Larimer County contract is attached for your review (Exhibit 3). The Island Grove Treatment Center provides fro non- hospital based substance abuse detoxification services to Larimer and Weld County residents through the appropriate governmental agencies (Le., Loveland Police Department, Larimer County Health and Human Services, Greeley Police Department). Local Calling Area communication to provide timely assistance for individuals in need and coordinating the transportation to the treatment center is critical. 10 County Relationships There are intergovernmental relationships between Larimer and Weld Counties. Two good examples are: 4-H programs, and extension service horticulture education. There is a common perception that 4-H group membership is aligned with the county of residence. However, Larimer County indicates that there are 68 Weld County families involved in the Larimer County 4-H program, which represents 97 members and 42 adult leaders. The reverse is true as well. The only stipulation is that residents of either county can only belong to one 4-H program. Larimer County has four master gardeners in the horticulture education program who live in Weld County. The professionals in the extension services for Larimer and Weld counties have different areas of expertise and commonly refer questions from residents "across county lines". Larimer County indicates that they get 10-15 calls per week from people who identify themselves as Weld County residents. Since public health and environmental issues generally do not align themselves with county borders, they require a collaborative effort. Funding available to address these concerns is always a scarcity. The cost of necessary communication is a concern. Regional Leisure Destinations The Northern Colorado region is rich with leisure destinations that enhance the quality of life. Because the relative travel time within the region is manageable, each destination serves the entire area. The Ranch Larimer County completed construction on a 7,200-seat events center September 2003 directly across Interstate 25 from the airport. It is already substantially"booked" for the year. Colorado's professional hockey team, the Avalanche, have already agreed to play exhibition games as this facility. A minor league hockey team and women's professional basketball team have committed to play home games at the facility. Events that have already been announced include: Bill Cosby(comedy), Scott Hamilton and Friends (ice skating), Kenny Rogers (singer), Motocross on Ice, Disney on Ice, Harlem Globetrotters, Sesame Street Live, and Lipizzaner Stallions. The facility will host concerts, professional rodeos, and many other events that will attract performers from around the nation and attract fans from the entire region, possibly the state. There are several other venues that attract visitors from around the region. Events that call these venues home are related to animal best-in-breed competitions, product shows, sports activities and arts activities. Island Grove Regional Park, Colorado Marketplace, and a facility at CSU hold animal and product shows (i.e. animal competitions, boat shows, RV shows, and the like). 11 ')nca:_TTOtr D.thi•. '?!lines' - ,mmi-... everal sports complexes and golf courses (too numerous to mention) in the region serve is the location for tournament play with participants at all age groups that reside nroughout Northern Colorado. The Union Colony Civic Center (Greeley), Lincoln Center(Fort Collins) and the Rialto Theater(Loveland)bring the arts to the Northern Colorado region. They provide a nationally acclaimed entertainment for a variety of tastes and preferences. Some of the performers/performances included in the 2003-2004 seasons include: Natalie Cole, B.B. King,Bob Newhart, Seussical, the Musical, Michael Flatley's Lord of the Dance, and Kiss Me Kate. Just to name a few. Conclusion Residents and businesses in Northern Colorado truly support a regional economy in every aspect of their lives. It is our hope that the Public Utilities Commission will see the value of the body of evidence that has been submitted to establish a "community of interest". Evidence of the interdependence of the business centers in the Northern Colorado region has been found to exist in every segment of the economy. > Growth management areas for Northern Colorado communities are contiguous. > There is substantial travel between three main business centers for both employment and shopping. > Short distances, short travel times, accessible roadways, and moderate travel traffic volumes between business centers in Northern Colorado are factors that perpetuate interdependence. > Businesses are buying local. 45% inputs used by primary employers to generate goods and services are purchased from local businesses in the region. > The regional North Front Range Transportation & Air Quality Planning Council exists due to regional cooperation of the communities in Northern Colorado, particularly related to transportation initiatives. > Regional economic development organizations exist because of the salability of the regional concept for recruiting businesses. > Utility providers have a dependence upon resources and customers throughout the region. > Two major hospital systems (locations in Greeley, Loveland, and Fort Collins) provide services for patients throughout the region and are major employers in the region. 12 Educational entities serve overlapping county areas for kindergarten through 12'h grade. Windsor residents that attend Thompson Valley (Loveland) schools. Universities and community colleges serve the entire region. These institutions are serving a role in continuing education for the businesses in the area and are amongst the largest employers in the region. Non-profit agencies, Larimer and Weld counties work together to address human service needs of the region, as well as support the strong agricultural business segment of the region through extension services. ➢ Regional leisure destinations attract users from the entire region providing a well-rounded, higher quality of life. The Northern Colorado region is a regional economy. We understand that there could be an incremental increase to the monthly bill for each customer throughout the calling area based on infrastructure costs to make the expansion possible. It is our hope that given the number of customers included in the proposed area each customer's proportional share would be very small. We believe the monthly cost of long distance between the exchanges included in the application and the cost of service alternatives to avoid long distance calls would substantially reduce monthly financial obligations of businesses and residents in our region. 13 Sources of Information Contained in this Report: . Exchange Area maps were provided by Edie Ortega, Public Affairs Manager, Qwest 331 Eastbrook Drive, Fort Collins, Colorado 80525 2. Urban Growth Areas/Growth Management Areas/City Limits map provided by Margie Joy, Public Participation and Outreach Manager, North Front Range Metropolitan Planning Organization. 3. Regional Travel Patterns graphic provided by Margie Joy, Public Participation and Outreach Manager, North Front Range Metropolitan Planning Organization. 4. 2001 Regional Household Travel Survey Overview, conducted for The North Front Range Metropolitan Planning Organization prepared by ETC Institute, Olthe, KS and Bucher, Willis &Ratliff, January 2002. 5. Northern Colorado Primary Employers Research Project, Final Analysis Report, prepared by the Northern Colorado Economic Development Corporation, Loveland, Colorado, June, 2003. The consolidated Telephone Exchanges map was prepared by Steve Holmes, Land Records Manager, City of Loveland. Web sites were "consulted" for basic descriptive and statistical information about the organizations. • North Front Range Metropolitan Planning Organization http://www.nfrmpo.org/ • Platte River Authority http://www.prpa.org/ • Northern Colorado Water Conservancy District http://www.ncwcd.ora/ • Little Thompson Water District http://www.ltwd.org/ • Northern Colorado Economic Development Council http://www.ncedc.com • Colorado State University http://welcome.colostate.edu/ • University of Northern Colorado http://www.unco.edu/ • Front Range Community College http://frcc.cc.co.us/ • Aims Community College http://www.aims.edu/ All other information was made available by organizations mentioned in the document based on an interview process performed via e-mail, in person, or over the telephone. Interviews were conducted by Renee Wheeler, Assistant to the City Manager, City of Loveland. 14 e CERTIFICATE OF SERVICE I hereby certify that on this 30th day of August, 2004,the original and 5 copies of the foregoing UNOPPOSED JOINT MOTION TO APPROVE PARTIAL STIPULATION AND PARTIAL SETTLEMENT AGREEMENT OF THE PARTIES AND REQUEST FOR WAIVER OF RESPONSE TIME and PARTIAL STIPULATION AND PARTIAL SETTLEMENT AGREEMENT OF THE PARTIES were hand-delivered to: Bruce Smith,Director Colorado Public Utilities Commission 1580 Logan, OL2 Denver, CO 80203 and a copy was faxed, hand-delivered or placed in the United States mail, postage prepaid, and addressed to: Renee Wheeler Pat Parker Assistant to the City Manager Rate/Financial Analyst City of Loveland Office of Consumer Counsel 500 E. 3rd St. 1580 Logan Street, Suite 740 Loveland, CO 80537 Denver, CO 80203 David P. Ayraud, Esq. Andrew B. Clauss, Esq. Assistant County Attorney Winslow B. Waxter, Esq. Larimer County Board of County David W. McGann, Esq. Commissioners Qwest Corporation P.O. Box 1606 1005 17th St., Suite 200 Fort Collins, CO 80522 Denver, CO 80202 P.B. Schechter Anne K. Botterud, Esq. Rate/Financial Analyst Assistant Attorney General Office of Consumer Counsel Business & Licensing Section 1580 Logan Street, Suite740 Office of the Attorney General Denver, CO 80203 1525 Sherman St. 5th Floor Denver, CO 80203 Sharon Podein Gary Klug Testimonial Staff Testimonial Staff Public Utilities Commission Public Utilities Commission 1580 Logan St., OL2 1580 Logan St., OL2 Denver, CO 80203 Denver, CO 80203 Becky Quintana Michael Zimmerman Advisory Staff Advisory Staff Public Utilities Commission Public Utilities Commission 1580 Logan St., OL2 1580 Logan St., OL2 Denver, CO 80203 Denver, CO 80203 Anthony Marquez, Esq. Barry L. Hjort Assistant Attorney General Hjort Law Firm State Services Section P.O. Box 461288 Office of the Attorney General Glendale, CO 80246 1525 Sherman St., 5th Floor Denver, CO 80203 City of Evans City of Fort Collins 1100 37th Street 300 Laporte Ave.,Floor 2 Evans, CO 80620 Fort Collins, CO 80522 City of Greeley Larimer County 1000 10th St. Tom Bender, Commission Chair Greeley, CO 80631 P.O. Box 1190 Fort Collins, CO 80522 Weld County Nunn Telephone Company David E. Long, Commission Chair P.O. Box 249 915 10th St. Nunn, CO 80648 Greeley, CO 80632 Town of Ault Town of Berthoud Sharon Sullivan, Town Clerk/Treasurer P.O. Box 1229 201 First Street Berthoud, CO 80513-2229 Ault, CO 80610 Town of Eaton Town of Estes Park Gary Carsten, Town Administrator John Baudek, Mayor 223 First Street P.O. Box 1200 Eaton, CO 80615 Estes Park, CO 80517 Town of Gilcrist Town of Johnstown Paul Chacon, Mayor Troy Mellon, Mayor 204 8th St., Box 128 Box 609 Gilcrest, CO 80623 Johnstown, CO 80534 Town of Kersey Town of LaSalle Timothy J. Phippard,Mayor Tim Evans,Mayor 332 Third St. 128 No. Second St. Kersey, CO 80644 LaSalle, CO 80645 Town of Mead Town of Milliken Richard E. Kraemer, Mayor P.O. Box 290 441 Third St. Milliken, CO 80543 Mead, CO 80542 Town of Nunn Town of Platteville Duane Bayne,Mayor Nicholas J. Meier, Town Administrator 185 Lincoln Ave. 400 Grand Avenue Nunn, CO 80648 Platteville, CO 80651 Town of Timnath Town of Windsor Annalee Foster,Mayor Board of Trustees 4100 Main Street 301 Walnut Street Timnath, CO 80547 Windsor, CO 80550 Don F. Williams Sharon Citino City Manager Assistant City Attorney City of Loveland 500 East Third St. 500 East Third St. Loveland, CO 80537 Loveland, CO 80537 Greg White Town Attorney 1423 W. 29th St. Loveland, CO 80538 Page 1 of 1 Carol Harding To: Janet Reichert Subject: RE: Release of liens - Local Improvement Districts Thanks. From: Janet Reichert Sent: Tuesday, January 04, 2005 2:21 PM To: Carol Harding Subject: RE: Release of liens - Local Improvement Districts I will be sending them to you next week after the Treasurer sends me December reports. From: Carol Harding Sent: Tuesday, January 04, 2005 12:21 PM To: Janet Reichert Subject: Release of liens - Local Improvement Districts It's that time of year again, when we release the liens on Local Improvement Districts which were paid off in 2004. I can't remember if you send them without prompting, or if we need to request them. Could you please send me a list of them so we can process the Resolutions? Thanks. Carol 1/4/2005 Page 1 of 3 Carol Harding From: Bruce Barker Sent: Monday, August 30, 2004 1:54 PM To: Carol Harding Subject: FW: Final Stipulation Agreement-Quick Action Needed See the attached. For backup to the stipulation I gave to Debra for the Board's agenda on Wednesday (9/1). From: Renee Wheeler [mailto:wheelr@ci.loveland.co.us] Sent: Monday, August 30, 2004 12:00 PM To: Bruce Barker Subject: RE: Final Stipulation Agreement-Quick Action Needed Hello Bruce! Thanks for you message. The application has graphics that cause it to be of substantial size and our system won't let me send it. I would be happy to send you a hard copy. Vickie Sprague has a hard copy as well if that is an easier route. Just let me know which regular mail address you would like me to use. Attachment A is referenced on page 4 of the agreement. We don't have a copy of Nunn's correspondence confirming its intentions. Harris Adams Assistant Attorney General would have a copy. 303-866-5441 or Harris Adams [harris.adams@state.co.us]. Have a great day./ Renee Wheeler Assistant to the City Manager 970-962-2704 wheelr@clloveland.co.us From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Monday, August 30, 2004 11:25 AM To: Renee Wheeler 9/1/2004 Page 2 of 3 Subject: RE: Final Stipulation Agreement-Quick Action Needed Thanks. I will be placing the Stipulation on the agenda for the Board of County Commissioners approval for this Wednesday (9/1). The Board may ask about what facts are being stipulated to. I see that the facts are contained in the application, which is Attachment B. I hate to ask for a copy, but I probably should. Also, is there an Attachment A? From: Renee Wheeler [mailto:wheelr@ci.loveland.co.us] Sent: Monday, August 30, 2004 7:43 AM To: Bruce Barker; Bruce Eisenhauer; Carl Harvey; David Ayraud; David May; Don Williams; Donald Cadwallader; Frank Lancaster; Gaye Stockman; Jim White; Joe Racine; JR Schnelzer; Michael Friesen; Myles Jensen; Nick Meier; Richard Widmer; Rod Wensing; Roy Lauricello; Roy Otto; Sharon Sullivan; Tom Vosburg; Town of Nunn; Trudy Peterson; Vicky Sprague Cc: Sharon Citino; John Duval Subject: Final Stipulation Agreement-Quick Action Needed Hello all! The attached document is the stipulation agreement we are asking you sign. It has been reduced in scope. The single purpose of the stipulation at this point is to agree that the community of interest standard has been met and won't be challenged during the proceedings that follow. You will notice that Qwest is not included. After a lengthy meeting on Thursday, Qwest decided they would not sign a stipulation agreement. Instead they gave Sharon Citino and other parties' attorneys' authorization to include in the motion for approval of the agreement that they would not oppose approval of the stipulation. Please review the stipulation agreement with your attorney. We will need both signatures (mayor/manager and attorney). For those of you that are authorized to sign on behalf of your organization (either because you have already reviewed the previous draft with your councils/boards or do not need to take it to your council/board), we really need the signature page faxed to Harris Adams at (303)866-5342 by Today, 8/30/04, 2:00 pm. He is the Assistant Attorney General that has been representing the Office of Consumer Counsel and is coordinating the physical logistics of filing of the motion to approve the stipulation and the stipulation. Please send me an e-mail indicating that you sent a signature page to Harris so that I know which signatures we still need. Sharon Citino is available to address any questions about the agreement at 970-962-2540. Those of you who need to take the agreement to a council/board meeting or study session, please do so as soon as possible and fax the signature page to me at (970)962-2900. Once we have all the additional organizations that could not get signed for the original filing, Sharon Citino will take care of generating a cover pleading supplementing signatures to the stipulation for filing. I know that some of you indicated it would be 9/14/04 before you could get approval. We need all parties' signature sheets no later than September 24, 2004. 9/1/2004 Page 3 of 3 • Thanks so much in advance for addressing this as quickly as possible. Have a great day./ Renee Wheeler Assistant to the City Manager 970-962-2704 wheelr@cilovelandco.us 9/1/2004 Hello