Data Requests 4-26 through 4-35 (Subsections (d)-(e))  

Sub-parts (d)-(e) of data requests 4-26 through 4-35 asked SBC to produce "all correspondence, memoranda, proposals, bids, or other written documents" between SBC and any carrier regarding any current or past plan's rates, terms or conditions that pre-date the plan's adoption; all internal SBC documentation that pre-date the plans adoption regarding any current or any past plan's rates, terms or conditions; and an explanation of why SBC decided to offer any current or past plan's rates, terms or conditions

SBC asked Qwest whether it could narrow the scope of sub-parts (d)-(e) and clarify what specific types of documents it seeks. Qwest claims it can not limit that request any further for sub-parts d(1)-(3) or e(1)-(3) and still receive meaningful data.  The request for documents already includes the following limitations:  (a) it must be a document transmitted between SBC and another carrier (or vice versa); (b) it must predate the particular plan being referred to in the DR; and (c) it must relate to the subject plan or have a bearing on the rates, terms and conditions of the plan.

Qwest, however, limited its requests for subsections (d)(4) & (5) and (e)(4) & (5), similar to the limitation agreed to by SBC regarding Qwest's planning documents, by agreeing to accept (for each plan) the "speaking documents" that reflect SBC's analysis in recommending and approving a particular plan. For example, if there is an email or memorandum from a product manager (or other employee) to the ultimate decision maker laying out the terms of term plan the employee is recommending, analyzing alternative terms and explaining why particular terms should be included and excluded, Qwest would accept that document and responsive documents from the decision maker reflecting how and why the recommended term plan was approved or modified.  Qwest would then not need to review "all documents" relating to the same subject.

Subsection (d) and (e) also ask for documents and information reflecting SBC's decision-making process in ultimately establishing the terms of the plan. Qwest argues that documents responsive to subsections (d) and (e) are critical to establishing the role other carriers have played in influencing the terms ultimately set out in SBC's generic term plans. 

SBC has identified 12 individuals who it believes may have been involved in the formulation of the plans identified by Qwest.  Because only one of these persons is still in the same position within the company, SBC claims it will be difficult and burdensome to locate potentially responsive documents.  Because SBC has been unable to identify or locate any summary documents relating to the decision making process, and given the breadth of Qwest's requests, SBC seeks permission to respond to this request by consulting the 12 individuals identified to determine whether any readily available, responsive documents exist.  SBC will attempt to complete this investigation, review and produce responsive documents by close of business on Friday, August 5.  SBC argues that this further investigation should fully satisfy Qwest's Fourth Set of Data Requests.