WEBVTT

METADATA
Video-Count: 1
Video-1: https://azcc.granicus.com/MediaPlayer.php?view_id=3&clip_id=6864

NOTE
MEETING SECTIONS:

Part 1 (Video ID: https://azcc.granicus.com/MediaPlayer.php?view_id=3&clip_id=6864):
- 00:00:00: Hearing Commences: Introductions and Procedural Matters Discussed
- 00:06:39: No Public Comment Received; Opening Statements Waived
- 00:08:12: Company Witness Testimony: Application Details and Clarifications
- 00:17:20: Advertisement Admission and Final Company Questions
- 00:20:06: Staff Witness Testimony: Qualifications and Approval
- 00:27:19: Closing Statements; Reporter Clarification; Hearing Adjourned


Part: 1

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I am. Thank you. Alright. In that case, we're going to get started. Let's go on the record. Good morning. This is the time set for the public comment and evidentiary hearing in the matter of the application of Bartel USA Incorporated for approval of a certificate of convenience and necessity to provide resold local exchange and facilities based long distance and local exchange telecommunication services. This is docket number TDash21303ADash24Dash0084.

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My name is Donna Sansone. I am the administrative law judge assigned to I am, the judge assigned to preside over this matter today. Now I'm gonna start by taking appearances. We'll start with the company, Bartel. Go ahead and introduce yourself. Sir, do you need me to respond? I can't hear him. Oh, that helps. I'm sure. Can you introduce yourself, please? I'm sorry. This I really can't hear you. Okay. Is there is there something that we could do to help accommodate your hearing? Is there I could come closer.

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We will have you closer. Okay. I just one moment. We have our tech support that could be Are you available for headphones? Oh, would that help? Yeah. You should be able to hear me. Oh, wow. Make sure they're working. Alright. Can you hear me okay? Wow. Excellent. Thank you so much, Mike. Thank you. Alright. So as I was saying, I'm gonna start by taking the appearances starting with the company Bartel. So if you've, would introduce yourself, please. Yes. I'm Harold Barr. I'm the president of Bartel. Thank you. And, for staff?

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Eli Golub, staff attorney, here with Laurie Morrison, staff witness. Alright. Thank you. Now before we move to public comment, I do want to ask the parties, are there any procedural items or issues that need to be addressed? I'll start with the company, Bartel. I have no issues. Okay. I do wanna confirm that the company did not intend to file any marked exhibits in this matter. I believe that the procedural order setting the schedule for this hearing included a March 5 deadline for the companies to provide a list of exhibits as well as a

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March 10 deadline for the company to provide a physical copy of those exhibits to the hearing division. To date, the company has not filed anything. I do wanna note that I am able to take official notice of anything that has already been filed in this docket. So if there's any questions related to the company's application or any of its responses to staff data requests, we can go that route. I just wanted to confirm with the parties that they're comfortable with that approach. I'll start with the company. Yes. I'm comfortable. I just would like to mention that, I guess, it was, about a week ago.

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Mhmm. I spoke to missus, Beltran, and she told me to bring certain pieces of evidence. And so I printed out all this. Okay. So I don't know what to do with it, but it's here. And that documentation, is that something that you've already filed in our document today? So it's just that It mostly is except for one item. Okay. And what item would that be? That item is I had my team make a brochure of the services that we offer. In other words, when we give somebody phone service, it's not just dial tone.

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Okay. And so I have a I would love to, you know, submit admit it to evidence if if you'll have it. We can we can talk about that as we go through the proceeding. I just wanted to make sure, you know, at this time, what I do have already filed, I can review. I haven't had the chance to review, the advertisement before, neither has staff. I I believe it's likely in line with things that you've already written Yes. In the docket. So I guess I'll ask staff, if they're comfortable first with the approach of me taking judicial notice or,

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excuse me, official notice of, the application, the responses, in lieu of having those as formal exhibits in this matter. Are you asking me if I'm comfortable with it? I am. I'm asking staff. Oh, please. Sorry. So, your honor, you're you're asking whether you could just take judicial notice of all the of there's only one proposed exhibit here, which is s one. Yes. I I'm talking about anything from the company. So their application, if there's any questions related to their responses to staff data requests, if that comes up during the hearing since we don't have those as formal exhibits,

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if staff is comfortable with me taking official notice as needed. Yes. Okay. And, related to the advertisement, does staff have any position on whether they would, want that to be included in evidence, not included in evidence, or offered as an exhibit? At this point, we would object to that being included in evidence. We haven't had a chance to review it. As your honor mentioned, I believe we probably, we probably don't need it, in my opinion. But, yeah, that's our position at the moment. Okay. And, mister Barr, do you have any comment that you would like to make in response to staff's

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objection at this time? No. I'm fine with it. I don't I didn't intend to publicly advertise. Usually, our service is by word-of-mouth. Alright. So at this time, we won't admit that as a formal exhibit, and we can utilize, the use of official notice for anything that's in the docket as needed. But we'll go ahead with just the exhibit s one that has been filed with staff as our, formal exhibits for today. With that being said, staff, do you have any, procedural issues that you would like to address at this time? No,

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your honor. Alright. In that case, let's move to public comment. This is the time for any member of the public present to provide comments on this matter. Are there any members of the public who would like to provide comment today regarding Bartel's application? I don't see any in the hearing room at this time. But I wanna make sure I do see, who's been noted as call in user one available on Webex. If we could get call in user one to unmute themselves or I can unmute them. I just wanna confirm. Did you have any comment that you would like to make today?

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If you are on the telephone and you've called in or you have, joined by Webex and you're not the court reporter, could you please speak up at this time? Alright. It appears that they, are solely here to observe in that case. So seeing no one in the hearing Room today and there do not appear to be any callers waiting to speak on the phone, at this time, let the record reflect that no one has indicated a desire to speak. With that, we'll go ahead into opening statements. I'll ask if either party would like to make an opening statement at this time. I'm gonna start with the company.

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Mister Barr, would you like to make an opening statement? No. No. Thank you. Alright. Your honor. And for staff? As the parties are fundamentally in agreement, we I I'll waive. Alright. In that case, we will now move into the presentation of witnesses and evidence. We're gonna start with the company. Mister Barr, it's my understanding that you will be the only witness today on behalf of the company. Yes, ma'am. Alright. And, we do have an area up here for witnesses to testify. You're welcome to come up here, or you can testify from where you are if you're comfortable. This is fine.

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Okay. In that case, I'm going to have our court reporter, Jill, swear in the witness at this time. Mister Barr, would you raise your right hand, please? Do you swear that the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth so I hope you've got? I do. Thank Thank you. Alright. Thank you. Now, mister Barr, usually, we would have a representative and we would have a witness. As you are the only individual testifying today, I do want to allow you to make any statements that you would like if you have any regarding the application at this time.

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No, your honor. I don't. Alright. In that case, I will ask staff, do you have any questions for this witness? No, your honor. Alright. I have just a couple, mister Barr. And, if you can't hear me, you need me to repeat You're fine. Because Perfect. Excellent. I'm happy to hear that. The first thing I would like to confirm is that there's not any changes or updates the company would like to make it their to their application at this time. No. There there is no changes. Everything is exactly the same. Okay. And, with regard to,

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the staff report in this case, have you had an opportunity to review the staff report prior to our hearing today? Yes, your honor. I have just a couple of clarifying questions if that's alright. Absolutely. In the staff report, specifically on page two, I don't know if you have a copy available in front of you. If not, staff may have a copy. I can share my copy with That would be really helpful. Thank you. So I'll I'll be sure to quote, but there is something that I do need mister Barr to look specifically at.

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So staff indicates that Bartel is currently authorized to offer telecommunication services similar to those requested in this application and 39 other jurisdictions. On that same page, in footnote number two, staff goes to list those 39 jurisdictions. However, in Bartel's 11/04/2024 responses to staff's first set of data requests, specifically in exhibit two to those responses, Bartel notes that, quote, as of this writing, Bartel USA is authorized to provide phone service in 40 states. So I just wanna make sure,

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that, I'm understanding correctly. I was hoping that Bartel could provide some clarification service in. Is it those 39 jurisdictions that was just rounded up? To to be honest, without looking at my computer, I don't recall. Okay. Because for the last three or four years, I've been doing nothing but filing applications. Okay. And there's been problems in some states, you know, like, for example, in Tennessee, you had to have an attorney, but only a tennis an attorney that's in Tennessee. So, you know, I didn't proceed with the filing.

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Okay. So to the best of your knowledge, did the company provide staff with an accurate list of jurisdictions that they've been authorized to provide telecommunication services in? That would be input over right now. States that are listed here on page two seem to be, you know, all accurate. Yes. Alright. Thank you. And, I just want to confirm that since the issuance of the staff report that the company has not received any new authorization from any other jurisdiction. No, ma'am. Alright.

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Thank you. Now, throughout its application and in its responses to various staff data requests, Bartel affirms that its services consists of bundled voice and data services for one flat price of 30 your honor. Its services consist of what? Of bundled voice and data services for one flat price of $39.99 per month. Now I imagine that the company is predominantly offering its services at those rates and charges provided in the proposed tariff. However,

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I just want to confirm, does the company have any intention of offering its services to certain customers through individual case basis or ICB contracts Uh-huh. Where they may offer a discount tariff. There may be a situation, because it's dependent on phones, physical handsets. And if I'm not mistaken, we may have already lowered the price to $35 per phone. Okay. And, just so you're aware, in Arizona, I know you were saying that you've been doing this in multiple jurisdictions. There is a section of the Arizona administrative code R14Dash2Dash115C3.

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There is a requirement that any company providing competitive telecommunication services in Arizona, as Bartel is intending to do, that they file its contracts with the commission no later than five business days after, execution. So I just wanted to make sure that you were aware in cases where there may be a a contract with a, with a customer that varies from your tariff, were you aware of this provision of Arizona law? No, ma'am. I was not. Okay. I I do want to note that some providers of telecommunication services have requested commission

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permission for a waiver of this section, and such waiver has been granted in the past under the condition that the company provide its contracts to staff at any time upon request. However, as you mentioned, it seems that it's not going to be very frequent that you will deviate from that flat bundled price. So I did wanna just confirm with the company considering that there is a possibility potentially that they may use individual case basis contracts. I am. I wanna confirm that you're not seeking a waiver of that section. I'm not seeking a waiver.

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And as far back as I can recall, we've never, went off of that, you know, the price is the price and, you know, you're you sort of come to us because you like our service and we don't hold your feet to the fire if you should like to go someplace else and, you know, it's pretty open, straightforward, and simple. Alright. Thank you, mister Barr. I'm gonna turn back to the staff report briefly. I just have a couple of final questions. I believe you've already confirmed that you've had the opportunity to review the staff report before today's hearing.

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Is that correct? Yes. And on pages eight and nine of the staff report, if staff doesn't mind sharing their copy again, staff provides 10 numbered recommendations, for, you know, if they are granted, the, CCNN in this case. I just wanna confirm, under oath, does the company agree to abide by the recommendation set forth in the staff report? Yes. Absolutely. And then, additionally, on page nine of the staff report, staff provides three numbered compliance items that it recommends that the company be ordered to

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follow. I just wanna confirm, does the company agree to the compliance items set forth in the staff report? Yes, ma'am. Alright. Those are all of my questions. I just wanna confirm, does the company have anything else that they would like to present today? Well, only what I had started out mentioning that, you know, included with this flat price per month, this is a list of everything that the customer receives. Okay. I'd like to submit it so that it is, you know, part of the document. And I believe that within,

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the responses to, staff data response or data requests, excuse me, that there was a question regarding, the specifics of Bartel service. I can look really quickly where that was. But I believe Bartel provided, you know, that you provide fax and data and, text message. I believe that there was a whole list. Yes. I have that here. Would that list differ from what has been presented in that advertising?

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Yes and no. It only differs because we're constantly adding more, features in our applications. Okay. And, at this time, staff, I can see you reviewing. I'll give you, however much time you need, but, revisiting that question of whether we would admit that advertisement as a potential exhibit for the company. I I'd like to hear staff's thoughts when they're ready. Okay. Your honor, no objection to admission of this Alright. Document. And, I just wanna confirm at this time that the company would like to move to

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admit that, advertisement into evidence. We could mark it as exhibit a one Okay. For the purposes of today's hearing. Is that correct, mister Barr? Yes. Should I write exhibit a one on it? You can go ahead and mark it exhibit a one. I will need to see a copy of that as well. Well, I wanted to leave this with you. Okay. That that's that's that works for me. Alright. In that case, mister Barr, is there anything else that the company wanted to say or present related to their application? I can't think of anything. And does staff have any additional questions at this time?

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No, your honor. Alright. And to confirm, mister Barr, that is, you're the only witness testifying, so I believe we are going to move on to staff's testimony at this time. Staff can call their first witness. Staff calls, Laurie Morrison to stand, your honor. And, miss Morrison, you can come up to the witness stand, and then I will have our court reporters swear you in. Could you raise your right hand, please? Do you swear the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth, so help you God? Yes. Yes. Thank you. You can go ahead and question the witness.

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Okay. Thank you, your honor. Did you understand? That's to mister Golub. Staff will start, and then I will turn it over to you, mister Barr. Go ahead. Thank you, your honor. Can you please state your name for the record? Lori Morrison. Thank you, miss Morrison. Please tell us about, who you're employed with and, where you work. I'm employed by the Arizona Corporation Commission as a public utilities analyst five. Okay. Thank you. And and you your workstation here is is in here in this current building.

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Correct? Yes. Okay. Thank you. And what is your oh, I'm sorry. You already answered the position question. How long have you been with the Commission? Approximately eighteen years. Okay. Thank you. As part of your employment, were you asked to, review the subject application in this case? Yes. Thank you. And can you describe how what you did as well as what you reviewed in the case? On a high high on a high level, the things we're looking for in CCNN applications are the managerial experience,

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the technical experience or or expertise of the applicant and their ability to provide the the services they're proposing and their financial viability are the main things we're looking at. Okay. Thank you. And and you reviewed those those areas? Yes, sir. Okay. Thank you. And, in front of you, you should have a staff proposed exhibit for staff marked s one. Do you have that in front of you? You need it? Sure. May I present Of course. A copy to Thank you. Usually, we have a copy up here,

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but it looks like we're went short today. Have you had a chance to look at exhibit s one? Yes. And was that prepared by you or your direction? Yes. Alright. Thank you. And do you have any changes, modifications, or corrections that you'd like to make to exhibit s one? No. And do you do you adopt, proposed exhibit s one as part of your testimony today? Yes. Your honor, I move for the admission of exhibit s one. Any objection from the company? No, ma'am. With no objection, exhibit s one is hereby admitted.

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Alright. Nothing further, your honor. Alright. Mister Barr, do you have any questions of staff's witness? No. I really have no questions other than I'd like to mention that, throughout this process that miss Morrison has been very helpful, to me, and I appreciate it. Thank you, mister Barr. Now, miss Morrison, I just have a few questions for you. I I just wanna confirm under oath, does staff believe that Bartel possesses the technical capability to provide the proposed services in Arizona? Yes. Now in the staff report, which you have in front of you,

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staff does provide certain information related to Bartel's finances. However, staff does not directly confirm that it believes Bartel possesses the financial capability to provide the proposed services. So to confirm, does staff believe that Bartel possesses the financial capability to provide the proposed services in Arizona? Yes. In that same vein, it was not directly stated in the staff report. Does staff believe that Bartel possesses the managerial capabilities to provide the proposed services in Arizona? Yes. And, briefly,

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can you please provide me with the specific factors that staff considered in coming to that conclusion that Bartel possesses the managerial capabilities to provide the proposed services? The if if you'll look briefly on page number two, it where, between the two owners and mister Barr, they have seventy six years of telecommunications expertise between them all, and that's usually a pretty good indicator of them having the managerial experience

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is the number of years in telecommunications specifically. Okay. Thank you so much. Now I believe I already know the answer to this question as staff didn't mention anything about collection of a bond being appropriate in this case and usually in the absence of any mention of a requesting a bond, it tends to imply that staff may believe that a bond is not appropriate. However, for confirmation sake, I just wanna confirm that staff is not seeking a bond from the company in this case. Is that correct? That's correct. Alright. And to, another confirmation question,

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does staff believe that the company's proposed services should be classified as competitive? Yes. And finally, after reviewing the proposed rates and charges provided by Bartel in its proposed tariff and comparing them to other carriers that provide similar services, does staff believe that the company's proposed rates and charges are just and reasonable? Yes. Alright. Thank you so much. Those are all of my questions, mister Golov. Any final questions for this witness? Just just one, and and she may not have anything. But, is there anything else you wanted to add in light of the question you received

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from the judge? No. Alright. Thank you. Nothing more. Thank you. And, mister Barr, do you have any final questions for this witness? No. Alright. And does staff have any additional witnesses? No, your honor. Alright. Miss Morrison, thank you so much. You can go ahead and step down. Alright. In that case, I believe that we concluded the, testimonial part of our hearing. I'd like to ask would either party like to make a closing statement at this time starting with the company? No, ma'am. I wouldn't know what to say. Alright. And, mister Golov, would they would staff like to make a closing statement at this time?

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Very briefly, your honor, we ask the court to approve the application. I've got nothing further. Thank you. Thank you so much. Now, I'm gonna just go through some administrative things quickly. I know that we admitted exhibit s one, but I may have forgotten to formally admit exhibit what we have marked as a one. So I would like to do so at this time. There was no objection from staff, after further discussion. So at this time, I hereby admit, exhibit a one into the record. You can approach so I can have that copy.

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Thank you so much. Then before we conclude, I'm gonna briefly go off the record and ask our court reporter. Jill, at this time, do you have any questions, or is there anything else that you need clarified before we go today? Yes, your honor. Thank you very much. I wondered if Lori Morrison could please spell her name for me, first and last. Lorie is spelled l o r I, and Morrison is m o r r I s o n. Thank you very much. That's all I had. Thank you. Alright. In that case,

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we will now go back on the record. Just to note, while we were off the record, I confirmed with the court reporter whether they needed anything clarified. The only thing that we needed was the spelling of the staff witness, Lori Morrison's name. Now I'll ask, both parties. Is there anything else that we need to address before we adjourn, mister Barr? No. I have nothing further to do. Mister Golub? No, your honor. In that case, I wanna thank you all for your participation today. This matter will be taken under advisement, and a recommended opinion and order will be issued for the commission's consideration at a

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future open meeting. This hearing Thank you.