Free Notice (Other) - District Court of Colorado - Colorado

Case 1:02-cv-01977-RPM

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Appendix C: Documents Relied Upon
Pleadings and Affidavits , p , p Universaire and Vacation Tan & Travel vs. Qwest Communications International, Inc., and Qwest Corporation, Civil Action No. 02-M-1977, March 7, 2003 United States District Court for the District of Colorado, Amended Scheduling Order, Spa Universaire, Vacation Tan & Travel, et al., v. Qwest Communications International, Inc., and Qwest Corporation, Civil Action No. 02-M1977, July 28, 2005 United States District Court for the District of Colorado, Affidavit of John B. Hayes, Spa Universaire, Vacation Tan & Travel, et al., vs. Qwest Communications International, Inc., and Qwest Corporation, Civil Action No. 02M-1977, December 5, 2005 Interconnection Agreements Confidential Settlement Agreement between US West Communications, Inc. and Advanced TelCom Group, Inc., June 30, 2000, Q07190-07194 Amended Confidential Settlement Agreement between Qwest Corporation and Advanced TelCom, Inc. dba Advanced TelCom Group, March 15, 2001, Q07387-07395 Facility Decommissioning Agreement between Qwest Corporation and Advanced TelCom Group, Inc., October 8, 2001, Q07445-07448 Agreement for Migration of Services between Qwest Corporation and Advanced TelCom, Inc. dba Advanced TelCom Group, February 8, 2002, Q07381-07386 Internetwork Calling Name Delivery Service Agreement between Qwest Corporation and Allegiance Telecom of Arizona, Inc., March 23, 2000 Directory Assistance Agreement between Qwest Corporation and Allegiance Telecom of Arizona, Inc., June 29, 2000 Internetwork Calling Name Delivery Service Agreement between Qwest Corporation and Allegiance Telecom, February 8, 2001, Q07362-07369 Confidential/Trade Secret Stipulation between ATI and US West, February 28, 2000, Q07285-07292 AT&T Communications of the Mountain States, Inc., and U S West Communications, Inc., Interconnection Agreement, July 1997, Schedule 1 Facility Decommissioning Reimbursement Agreement between Qwest Corporation and AT&T Corp., December 27, 2001 Internetwork Calling Name Delivery Service Agreement between US West Communications, Inc. and CDS Networks, Inc., March 27, 2000, Q07354-07361 Service Level Agreement between U S West and Covad Communications Company - Unbundled Loop Services, April 19, 2000, Q110105-110107 Facility Decommissioning Agreement between Qwest Corporation and Covad Communications Company, January 3, 2002, Q07195-07200 Confidential Settlement Agreement and Release between U S West and Electric Lightwave, Inc., June 16, 1999 Confidential Billing and Settlement Agreement and Release between US West Communications, Inc. and Electric Lightwave, Inc., December 30, 1999, Q07177-07189
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Amendment No. 1 to the Confidential Billing Settlement Agreement and Release between US West Communications, Inc. and Electric Lightwave, Inc., June 21, 2000, Q07210-07215 Second Amendment to the Confidential Billing Settlement Agreement and Release between Qwest Corporation and Electric Lightwave, Inc., April 30, 2001, Q07346-07353 Binding Letter Agreement between Electric Lightwave, Inc. and Qwest Corporation, July 19, 2001, Q07216-07221 Confidential Settlement Agreement and Release between Qwest Corporation and Ernest Communications, Inc., February 16, 2001, Q07453-07456 Confidential Settlement Agreement and Release between Qwest Corporation and Ernest Communications, Trial Agreement between Qwest Corporation and Eschelon Telecom, Inc., July 21, 2000, Q07293-07306 Confidential Amendment to Confidential/Trade Secret Stipulation between U S West and Eschelon Telecom, Inc., November 15, 2000, Q07312-Q07319 Confidential Purchase Agreement between Eschelon Telecom, Inc. and Qwest Corporation, November 15, 2000, Q07107-07112 Confidential Agreement "Re: Escalation procedures and business solutions" between Qwest and Eschelon Telecom, Inc, November 15, 2000 Letter from Qwest to Eschelon regarding daily usage information, November 15, 2000 Letter from Qwest to Eschelon regarding features, November 15, 2000 Confidential Billing Settlement Agreement between Qwest Corporation and Eschelon Telecom, Inc., November 15, 2000 Confidential Second Amendment to Confidential/Trade Secret Stipulation between ATI and US West entered into by Qwest Corporation and Eschelon Telecom, Inc., March 19, 2001, Q07101-07106 Confidential Third Amendment to Confidential/Trade Secret Stipulation between Qwest Corporation and Eschelon Telecom, Inc., July 3, 2001, Q07282-07284 Letter from Qwest to Eschelon "Re: Status of Switched Access Minute Reporting," July 3, 2001 Qwest/Eschelon Implementation Plan, July 31, 2001, Q07323-07337 Settlement Agreement between Qwest Corporation and Eschelon Telecom, Inc., March 1, 2002, Q07457-07462 Confidential Billing Settlement Agreement between Qwest Corporation and e.spire Communications, Inc., June 20, 2001, Q07008-07018 Confidential Billing Settlement Agreement between Qwest Corporation and Fair Point Communications Solutions Corp, September 4, 2001, Q07170-07176 Settlement Agreement and Release between Qwest Corporation and Global Crossing Local Services, Inc., Global Crossing Telemanagement, Inc., September 21, 2000, Q07119-07126 Confidential Billing Settlement Agreement between Qwest Corporation and Global Crossing Local Services, Inc. and Global Crossing Telemanagement, Inc., July 13, 2001, Q07438-07444 Confidential Billing Dispute Settlement Agreement and Release between US West Communications, Inc. and GST Telecom, Inc., January 7, 2000, Q07019-07030 Facility Decommissioning Agreement between Qwest Corporation and Integra Telecom Inc., November 28, 2001, Q07064-07067

Expert Report of John B. Hayes Appendix C

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MCI Communications, Inc. and U S West Communications, Inc., Arbitrated Interconnection Agreement for the State of Colorado, Filed in Compliance with Commission Decision No. C96-1337, Docket No. 96A-366T, July Amendment to Interconnection Agreement Between MCImetro Access Transmission Services LLC f.k.a MCImetro Access Transmission Services, Inc. and Qwest Corporation f.k.a U S West Communications, Inc., Business Escalation Agreement between Qwest Corporation and MCI WorldCom Network Services, Inc., June 29, 2001, Q07144-07145 Confidential Billing Settlement Agreement between Qwest Corporation and MCI WorldCom Network Services, June 29, 2001 Facility Decommissioning Settlement Agreement between Qwest Corporation and MCI WorldCom Network Services, Inc., December 27, 2001, Q07139-07143 Confidential Settlement Document between US West, Inc. and McLeodUSA, Inc., April 25, 2000, Q07085-07089 Confidential Billing Settlement Agreement between U S West Communications and McLeodUSA, April 28, 2000, Q07201-07209 Confidential Settlement Agreement between US West Communications, Inc., and McLeodUSA Telecommunications Services, Inc., May 1, 2000, Q07059-07063 Confidential Billing Settlement Agreement between Qwest Corporation and McLeodUSA, Inc., September 29, 2000, Q07095-07099 Purchase Agreement between McLeodUSA and Qwest Communications Corp. (McLeod buys from Qwest), October 26, 2000, Q07273-07278 Purchase Agreement between McLeodUSA and Qwest Communications Corp. (Qwest buys from McLeod), October 26, 2000 Amendment to Confidential Billing Settlement Agreement between Qwest Corporation and McLeodUSA, October 26, 2000 Confidential Billing Settlement Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc., December 31, 2001, Q07253-07263 Confidential Billing Settlement Agreement between US West Communications, Inc. and Nextlink Communications, Inc., May 12, 2000, Q07127-07138 Confidential Billing Settlement Agreement between Qwest Corporation and Paging Network, Inc., April 23, 2001 Letter from U S West to SBC Telecom, Inc., regarding proposed settlement terms, June 1, 2000, Q07068-07072 Confidential Consent to Assignment and Collocation Change of Responsibility Agreement between Qwest Corporation, SBC Telecom, Inc., and Network Access Solutions Corporation, June 1, 2001 Facility Decommissioning Agreement between Qwest Corporation and SBC Telecom, Inc., October 5, 2001, Q07449-07452 Confidential Stipulation Between Small CLECS and US West Communications, Inc., April 18, 2000, Q0707307078 Local Interconnection Agreement between Qwest Corporation and Sprint Communications Company, L.P. for the States of Arizona, Colorado, Minnesota, Washington, July 27, 2000, Part H Settlement Agreement and Mutual Release between Qwest Corporation and Sun West Communications, Inc., May 31, 2001, Q07410-07437

Expert Report of John B. Hayes Appendix C

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Confidential Billing Settlement Agreement between Qwest Corporation and Sun West Communications, Inc., January 18, 2002, Q07396-07409 Confidential Billing Settlement Agreement and Release between US West Communications, Inc. and Teleport Communications Group, Inc. dba AT&T Local Services, March 13, 2000, Q07338-07345 Letter from U S West "Re: In the Matter of a Complaint and Request for Expedited Proceeding by USLink, Inc. and InfoTel Communications, LLC Against U S West Communications, Inc. Regarding Extended Service Area, MPUC Docket No. P421/C-99-724, July 14, 1999 Transient Interim Signaling Capability Service Agreement between US West Communications, Inc. and US West Wireless, L.L.C., March 2, 1998, Q07370-07380 Facility Decommissioning Agreement between Qwest Corporation and Williams Local Network, Inc., October 2, 2001, Q07463-07467 Confidential Billing Settlement Agreement between WorldCom, Inc. and Qwest Corporation, December 17, 2000, Confidential Billing Settlement Agreement between Qwest Corporation and WorldCom, Inc., December 19, 2000 Confidential Billing Settlement Agreement between Qwest Corporation and the XO Subs and XO Communications, Inc., December 31, 2001, Q07229-07252 Memorandum of Understanding between Qwest Corporation and Z-Tel Communications, Inc., May 18, 2001, , , Communications, Inc.'s Statement of Generally Available Terms and Conditions, November 13, 2001, Docket No. 99A-577T, Attachment A Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of Arizona, August 29, 2003 Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of Colorado, March 4, 2003 Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of Idaho, May 24, 2002 Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of Iowa, June 10, 2002 Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of Minnesota, March 17, 2003 Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of Montana, July 3, 2002

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Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of Nebraska, May 31, 2002 Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of New Mexico, October 11, 2002 y , , Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of North Dakota, May 30, 2002 Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of Oregon, November 24, 2004 Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of South Dakota, December 12, 2002 Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of Utah, October 21, 2002 Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of Washington, June 25, 2002 Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, And Resale of Telecommunications Services, Provided by Qwest Corporation in the State of Wyoming, July 8, 2002 U S West Colorado SGAT Second Revision, April 6, 2000 U S West Colorado SGAT First Revision, January 6, 2000 State PUC Proceedings Arizona Corporation Commission, Opinion and Order in Qwest Rate Case, Docket No. T-01051B-99-0105, March 30, 2001 Direct Testimony of Marta Kalleberg before the Arizona Corporation Commission, In the Matter of Qwest Corporation's Compliance with Section 252(e) of the Telecommunications Act of 1996, Docket No. RT00000F-020271, February 21, 2003 Arizona Corporation Commission, Opinion and Order, In the Matter of Qwest Corporation's Compliance with Section 252(e) of the Telecommunications Act of 1996, Docket Nos. RT-00000F-02-0271, T-00000A-97-0238, and T-01051B-02-0871, April 30, 2004 Arizona Corporation Commission, Qwest Corporation's Notice of Filing Interconnection Agreements in Compliance with Decision No. 66949, In the Matter of Qwest Corporation's Compliance with Section 252(e) of the Telecommunications Act of 1996, Docket Nos. RT-00000F-02-0271, T-00000A-97-0238, and T-01051B-02-0871, Public Utilities Commission of the State of California, Interim Opinion Establishing Interim Rates for Pacific Bell Telephone Company's Unbundled Loop and Unbundled Switching Network Elements, Decision No. 02-05-042, May 16, 2002, Appendix A

Expert Report of John B. Hayes Appendix C

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Initial Comments of Staff of the Colorado Public Utilities Commission, In the Matter of the Investigation Into Unfiled Agreements Executed by Qwest Corporation, Docket No. 021-572T, February 27, 2004 Testimony of John C. Pegg before the Minnesota Public Utilities Commission, In the Matter of the Complaint of the Minnesota Department of Commerce Against Qwest Corporation Regarding Unfiled Agreements, Docket No. P-421/C-02-197, April 22, 2002 Affidavit of Blake O. Fisher, State of Minnesota Office of Administrative Hearings for the Public Utilities Commission, In the Matter of the Complaint of the Minnesota Department of Commerce Against Qwest Corporation Regarding Unfiled Agreements, Docket No. P421/CI-01-1371 WCD-13, June 12, 2002 State of Minnesota Office of Administrative Hearings for the Public Utilities Commission, Findings of Fact, Conclusions, Recommendations and Memorandum, In the Matter of the Complaint of the Minnesota Department of Commerce Against Qwest Corporation Regarding Unfiled Agreements, Docket No. P-421/C-02-197, September 20, 2002 Minnesota Public Utilities Commission, Order Adopting ALJ's Report and Establishing Comment Period Regarding Remedies, In the Matter of the Complaint of the Minnesota Department of Commerce Against Qwest Corporation Regarding Unfiled Agreements, Docket No. P-421/C-02-197, November 1, 2002 Minnesota Public Utilities Commission, Order Assessing Penalties, In the Matter of the Complaint of the Minnesota Department of Commerce Against Qwest Corporation Regarding Unfiled Agreements, Docket No. P421/C-02-197, February 28, 2003 Public Service Commission of the State of Montana, Final Order, In the Matter of the Application of Qwest Corporation for Authority to Detariff its Toll and Operator Services, Docket No. D99.8.205, November 3, 2000 New Mexico Public Regulation Commission, Amended Joint Stipulation in Re Qwest Corporation's Petition for Approval of an Alternative Regulation Plan, January 23, 2001 New Mexico Public Regulation Commission, Final Order Regarding Compliance with Outstanding Section 271 Requirements: SGAT Compliance, Track A, and Public Interest, In the Matter of Qwest Corporation's Section 271 Application and Motion for Alternative Procedure to Manage the Section 271 Process, etc., Utility Case Nos. 3269, 3537, 3495, and 3750, October 8, 2002 Public Utility Commission of Oregon, Staff Report, Oregon Public Utility Commission Requests a docket be opened to investigate failure of Qwest Corporation and possibly other parties to file interconnection agreements for Commission approval under Section 252(a)(1) of the Telecommunications Act, August 30, 2004 Direct Testimony of Thomas L. Wilson, Jr. before the Washington Utilities and Transportation Commission, In the Matter of Washington Utilities and Transportation Commission v. Advanced Telecom Group, Inc., et al., July 29, Washington Utilities and Transportation Commission v. Advanced Telecom Group, INC., et al., Order Adopting and Approving Settlement Agreement; Closing Docket, Docket No. UT-033011, February 28, 2005 DOJ 271 Documents Evaluation of the DOJ in Qwest Communications International, Inc. Application for Authority to Provide InRegion, InterLATA Services in the State of Arizona, WC Docket No. 03-194, October 9, 2003 Evaluation of the DOJ in Application by Qwest Communications International, Inc. for Authorization to Provide InRegion, InterLATA Services in the State of Minnesota, WC Docket No. 03-90, May 2, 2003

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Evaluation of the DOJ in Application by Qwest Communications International, Inc. for Authorization to Provide InRegion, InterLATA Services in the States of New Mexico, Oregon, and South Dakota, WC Docket No. 03-11, February 20, 2003 Evaluation of the DOJ in Application by Qwest Communications International, Inc. for Authorization to Provide InRegion, InterLATA Services in the States of Colorado, Idaho, Iowa, Nebraska, and North Dakota, July 23, 2002 Evaluation of the DOJ in Application by Qwest Communications International, Inc. for Authorization to Provide InRegion, InterLATA Services in the States of Montana, Utah, Washington, and Wyoming, WC Docket No. 02-189, August 21, 2002 Industry Reports and Statistics Association for Local Telecommunication Services, Annual Report, "The State of Competition in the U.S. Local Telecommunications Marketplace," February 2000 Association for Local Telecommunication Services, Annual Report, "The State of Local Competition," February 2001 Association for Local Telecommunication Services, Annual Report, "The State of Local Competition 2002," April 2002 Federal Communications Commission, Review of the Section 251 Unbundling Obligations of Local Exchange Carriers, CC Docket No. 01-338, July 13, 2004 Federal Communications Commission, Statistical Report, Local Telephone Competition, December 2000, May 2001, February 2002, July 2002, December 2002, June 2003, December 2003, June 2004, and December 2004 releases, available at http://www.fcc.gov/wcb/iatd/comp.html Federal Communications Commission, Statistical Report, RBOC Local Telephone Data, as of December 1999, June 2000, December 2000, June 2001, December 2001, June 2002, December 2002, June 2003, December 2003, June 2004, and December 2004, available at http://www.fcc.gov/wcb/iatd/comp.html Federal Communications Commission, Statistics of Communications Common Carriers, 2001-2005 Reports, available at http://www.fcc.gov/wcb/iatd/socc.html National Regulatory Research Institute (NRRI), "State Retail Rate Regulation of Local Exchange Providers as of September 2004," November 2004 National Regulatory Research Institute (NRRI), "The State of Regulation: An Annual Examination of the Four Utility Sectors," July 2001 Michigan Alliance for Competitive Telecommunications, "Consumer Savings from Local Phone Competition in Michigan," May 2003 Telecommunications Research and Action Center (TRAC), "An Investigation of Expected Savings One Year After RBOC Entry Into Long-Distance Markets in Florida, Illinois, Georgia, and Pennsylvania, September 6, 2001 TRAC and Alliance for Public Technology, "Increased Competition in the California Telephone Market - What's in it for Consumers?," October 2001 TRAC, "Projected Residential Savings in California's Telephone Market - An Investigation of Expected Savings One Year After SBC/Pacific Bell's Entry into the California Long-Distance Market," November 2001

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TRAC, "Projecting Residential Savings in New Jersey's Telephone Market One Year After Verizon's Entry into the New Jersey Long-Distance Market," December 13, 2001 TRAC, "Projecting Residential Savings in New Hampshire's Telephone Market One Year After Verizon's Entry into the New Hampshire Long-Distance Market," January 30, 2002 TRAC, "Projecting Residential Savings in Delaware's Telephone Market One Year After Verizon's Entry into the Delaware Long-Distance Market," February 28, 2002 TRAC, "Projecting Residential Savings in Maryland's Telephone Market - Estimated Consumer Savings One Year After Increased Competition," June 2002 State population statistics, http://www.factfinder.census.gov Academic Literature Abel, Jaison R., Entry into Regulated Monopoly Markets: The Development of a Competitive Fringe in the Local Telephone Industry, Journal of Law and Economics , Vol. XLV (2) Pt. 1, October 2002 Alexander, Donald L., and Feinberg, Robert M., "Entry in Local Telecommunication Markets," Review of Industrial Organization , Vol. 25 (2004) Blank, Larry, Kaserman, David L., and Mayo, John W, "Dominant Firm Pricing with Competitive Entry and Regulation: The Case of IntraLATA Toll," Journal of Regulatory Economics , Vol. 14 (1998) Braunstein, Yale M., "The Role of UNE-P in Vertically Integrated Telephone Networks: Ensuring Healthy and Competitive Local, Long-Distance and DSL Markets," May 2003 Braunstein, Yale M., "UNE-P Benefits Update: SBC's California Territory," May 2004 Braunstein, Yale M., "UNE-P Benefits in Verizon's New Jersey Territory," March 2004 Carlton, Dennis, and Perloff, Jeffrey, Modern Industrial Organization , Second Edition, Harper Collins, 1994 Clarke, Richard N., Hassett, Kevin A., Ivanova, Zoya, and Kotlikoff, Laurence, "Assessing the Economic Gains from Telecom Competition," National Bureau of Economic Research Working Paper 10482, May 2004 Dismukes, David E., The Demand for Long Distance Telephone Communication: A Route-Specific Analysis of Short-Haul Service, Studies in Economics and Finance , Vol. 17, Issue 1 (Fall 1996) Economides, Nicholas, Seim, Katja, and Viard, V. Brian, "Quantifying the Benefits of Entry into Local Phone Service," Stanford Graduate School of Business / Stern School of Business, unpublished manuscript, January 28, 2005, available at http://gsbwww.uchicago.edu/kilts/research/workshop/WorkshopPapers/seim.pdf Eisner, James, and Lehman, Dale E., "Regulatory Behavior and Competitive Entry," paper for presentation at the 14th Annual Western Conference, Center for Research in Regulated Industries, June 28, 2001 Ford, George S., and Pelcovits, Michael D., "Unbundling and Facilities-Based Entry By CLECs: Two Empirical Tests," unpublished manuscript, July 22, 2002 Greenstein, Shane, and Mazzeo, Michael, "Differentiation Strategy and Market Deregulation: Local Telecommunication Entry in the Late 1990s," National Bureau of Economic Research Working Paper 9761, June 2003 Hassett, Kevin A., Ivanova, Zoya, and Kotlikoff, Laurence J., "Increased Investment, Lower Prices -- the Fruits of Past and Future Telecom Competition, unpublished manuscript, September 2003 Hausman, Jerry A., Leonard, Gregory K., and Sidak, Gregory J., "Does Bell Company Entry into Long-Distance Telecommunications Benefit Consumers?," Antitrust Law Journal , Vol. 70 (2003)
Expert Report of John B. Hayes Appendix C

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Hazlett, Thomas W., "Economic and Political Consequences of the 1996 Telecommunications Act," Regulation , Vol. 23, No. 3 (2000). Huang, Ching-I, "Estimating Demand for Cellular Phone Service under Nonlinear Pricing," February 14, 2006, unpublished manuscript, available at http://pubweb.northwestern.edu/~chu276/research/nonlinear_pricing.pdf Iyengar, Raghuram, "A Structural Demand Analysis for Wireless Services under Nonlinear Pricing Schemes," Columbia University, unpublished manuscript, available at http://hops.wharton.upenn.edu/news/colloquia/PDF%20files/Fall2004/Iyengar%20paper.pdf Kridel, Donald J., Rappoport, Paul N., and Taylor, Lester D., Competition in IntraLATA Long Distance: Carrier Choice Models Estimated from Residential Telephone Bills, Information Economics and Policy , Vol. 13 (2001) Lehman, Dale D. "(How) do Regulated Prices Affect Competitive Entry?," Info: the Journal of Policy, Regulation and Strategy for Telecommunications , Information and Media, Vol. 5, No.4 (2003) Levy, A., "A Generalized Additive Tobit Model - An Application to Telecommunications Demand," Empirical Economics, Vol. 28, No. 1 (2003) Mini, Federico, "The Role of Incentives for Opening Monopoly Markets: Comparing GTE and BOC Cooperation with Local Entrants," Journal of Industrial Economics , Vol. XLIX, No. 3 (September 2001) Narayanan, Sridhar, Chintagunta, Pradeep K., and Miravete, Eugenio J., "The Role of Self Selection and Usage Uncertainty in the Demand for Local Telephone Service," unpublished manuscript, available at http://www.econ.upenn.edu/~miravete/papers/SN-PKC-EJM.pdf Rappaport, Paul N., and Taylor, Lester D., "Toll Price Elasticities Estimated from a Sample of U.S. Residential Telephone Bills," mimeo (Temple University/University of Arizona), 1995-1996 Roycroft, Trevor R., "Empirical Analysis of Entry in the Local Exchange Market: The Case of Pacific Bell," Contemporary Economic Policy , Vol. 23, No. 1 (January 2005) Stackelberg, Heinrich von, "Marktform und gleichgewicht," Julius Springer, Reprinted (trans.) in Peacock, A.T., The Theory of the Market Economy , William Hodge, 1952 Train, Kenneth E., McFadden, Daniel L., and Ben-Akiva, Moshe, "The Demand for Local Telephone Service: A Fully Discrete Model of Residential Calling Patterns and Service Choices", Rand Journal of Economics , Vol. 18, No. 1 (Spring 1987) Zolnierek, James, Eisner, James, and Burton, Ellen, "An Empirical Examination of Entry Patterns in Local Telephone Markets," Federal Communications Commission, August 23, 1999 Press Releases and Articles "Adelphia Business Solutions Announces Significant Capital Spending Reductions," PR Newswire , September 5, 2001 "AT&T, MCI to Compete for Local Phone Business," San Jose Business Journal , May 17, 2002, available at http://www.bizjournals.com/sanjose/stories/2002/05/13/daily69.html AT&T, Press Release, "AT&T Enters California Residential Local Phone Market," August 6, 2002, available at http://www.att.com/news/2002/08/06-10722 AT&T, Press Release, "AT&T Now Serves More Than 4 Million Residential Local Service Customers," January 22, 2004, available at http://www.att.com/news/2004/01/22-12778 .

Expert Report of John B. Hayes Appendix C

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AT&T Press Release, "AT&T CallVantage Service Expands to Serve 10 major Markets in Florida," June 14, 2004 "CLEC Fire Sale Signals End of Expansion," Telephony , October 8, 2001 Colorado Well-Positioned for Coming Telecom Battle, Denver Business Journal , November 15, 1996, available at ttp://www.bizjournals.com/denver/stories/1996/11/18/editorial4.html. CompTel, Press Release, "Competition Could Save Consumers Up To $9.24 Billion in Local Phone Bills, CompTel Says," January 7, 2003 CompTel, Press Release, "Telecom Competition Saves N.J. Residential Consumers up to $217 Million," March 24, 2004 Federal Communications Commission, Press Release, "FCC Chairman Powell Recommends Increased FCC Enforcement Powers for Local Telephone Competition" (with attached letter from Michael Powell to the leaders of the U.S. Senate and House of Commerce and Appropriations Committee), May 7, 2001 "Struggling Telecom Firms Wait for the Next High Tide," San Jose Mercury News , June 4, 2001 Other House of Representatives Conference Report, Telecommunications Act of 1996, January 31, 1996 Remarks of Seema M. Singh, Esq., Ratepayer Advocate, New Jersey Division of the Ratepayer Advocate, at the New Jersey Business and Industry Association Meeting, December 16, 2003

Expert Report of John B. Hayes Appendix C