UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA and
STATE OF VERMONT,
VERIZON COMMUNICATIONS INC. and
RURAL CELLULAR CORPORATION,
Case No. 1:08-cv-993-EGS
DECLARATION OF RUDOLPH HERMOND
I, Rudolph Hermond, declare as follows:
- I submit this Declaration statement in connection with the Plaintiff
United States' Unopposed Motion to Modify Final Judgment in the above-captioned
action. I have personal knowledge of the matters stated in this declaration.
- I am employed by AT&T Mobility Services, LLC ("AT&T") as
Vice President - Alltel Integration, which is headquartered in Atlanta,
Georgia. I am on the management team responsible for overseeing the
integration of the wireless businesses formerly owned by Rural Cellular
Corporation ("RCC") in the Burlington MSA, Vermont RSAs 1 and 2, New
York RSA 2 and Washington RSAs 2 and 3 that were acquired from Verizon
Communications Inc. ("Verizon") on December 22, 2008.
- Through this transaction, AT&T acquired 160,067 former RCC subscribers.
To insure that these subscribers continued to receive wireless service
until AT&T was ready to support these subscribers on its own systems,
AT&T entered into a transition services agreement with Verizon.
Pursuant to this agreement, Verizon supplies the required network
support, customer service and billing systems to support the former
RCC subscribers. The transition services agreement expires on December
22, 2009, one year from the date AT&T acquired the RCC assets.
- AT&T considered a number of options to transition the former
RCC subscribers to the AT&T network and systems, and decided that
these subscribers would be best served by converting to AT&T wireless
devices and equipment. AT&T has made, and is continuing to make,
significant efforts to insure that all these subscribers have the
necessary AT&T equipment before the transition services agreement
expires. However, due to the inherent difficulties in contacting more
than 160,000 subscribers in three different states, AT&T is unsure
whether it can reach all subscribers and supply them with AT&T
equipment by December 22, 2009. Without the AT&T equipment, a
former RCC subscriber faces the risk of losing wireless service and
his wireless telephone number when the transition services agreement
- AT&T has successfully converted a large percentage of former
RCC subscribers to its own equipment and support platforms. However,
as of December 4, 2009, there were approximately 10,000 former RCC
subscribers not yet transitioned to AT&T service. Despite the
significant efforts by AT&T set forth above, AT&T estimates
that between 1,500 and 2,000 former RCC subscribers will not have
transitioned to AT&T service by December 22, 2009, although the
actual number could be slightly higher. An example of the difficulties
facing AT&T in contacting former RCC subscribers is a lack of
accurate mailing and physical address information, as well as other
issues, due in part to the rural nature of some of the areas. Those
customers who do not receive AT&T equipment and transition to
AT&T service by December 22, 2009 will not have service after
that date. AT&T expects that all of the former RCC subscribers
can be converted to AT&T support systems by March 22, 2010, but
there likely will be a few subscribers that AT&T will be unable
to contact or who refuse to take service.
- Under the transition services agreement, AT&T also obtains backhaul
service to connect cell sites to its network. AT&T plans to replace
this backhaul service with services from providers other than Verizon.
However, for two cell sites in Vermont, Island Pond and Burke Mountain,
AT&T is still in the process of obtaining necessary transport
services, and may not be able to complete this process before the
expiration of the current transition services agreement. AT&T
is awaiting confirmation that all necessary approvals have been obtained
so it can use microwave to provide backhaul service to these two sites.
If it cannot obtain this confirmation and install backhaul service
by December 22, 2009, AT&T will be unable to serve this area of
rural northeast Vermont unless the transition services agreement is
extended. AT&T expects to obtain the necessary approval and to
complete provisioning of the backhaul service by March 22, 2010.
I declare, pursuant to 18 U.S.C. § 1746, that the foregoing is
true and correct.
Executed on __ 12/11/2009_________________