Charles Clapsaddle

EDUCATION

College:University of Texas at Austin, BS in Zoology - 1982

Technical

Schools:Northern Telecom SL-1 Installation and Repair

ROLM CBX Maintenance and Administration

Bell System Orientation

Bell System PBX Sales

Bell System Traffic

Bell System Intercity Services

BUSINESS EXPERIENCE:

Aug. 1995 -

PresentEconomists.com - Serve as Principal Consultant (beginning 1998).

Telecom Consulting Services - (a Division of CFC, Inc.) - Serve as President of the company. Duties same as during previous tenure with Telecom Consulting Services, Inc. (see below).

Developed a business plan for a cable TV company entering competitive local telephone service markets in six states and 10 major cities.

Supported a local service provider’s legal department in applications for CLEC status.

Developed a comprehensive business and expansion plan for a provider of Mexican telecommunications services.

Presented business and expansion plan for a provider of Mexican telecommunications services to the financial markets.

Negotiated contracts with a supplier of fiber network connections.

Supported contract negotitation for two acquisition targets for a Mexican client.

Planned outsourcing contracts with major clients for a Mexican client.

Negotiated outsourcing contracts with major clients for a Panama client.

Negotiated with SCT (Mexican regulatory agency) on interpretation of client’s permit.

Developed a plan for the expansion a Mexican company’s services into the local dial tone market in the US and Mexico.

Developed a plan and network design to directly serve 42 cities (98%) of Mexican domestic long distance market.

Testified at the Texas PUC concerning the number relief for the 214 and 713 NPAs.

Jul. 1994 -

Jul. 1995U.S. Metroline Services, Inc. - Served as President and Chief Operating Officer for the company. The company provided extended metropolitan services and local dial tone services in competition with Southwestern Bell Telephone Company in the Dallas/Fort Worth metropolitan area. Duties included the management of the company’s operations, conducting negotiations with major suppliers, conducting negotiations with customers, the management of regulatory affairs and the development of the company’s business and strategic plans. Some of the completed major projects are described below:

Developed a comprehensive business expansion plan.

Developed a major relationship with a new supplier of local network connections.

Negotiated a major contract with a supplier of fiber network connections.

Negotiated acquisition contracts with several acquisition targets.

Finalized termination of a lengthy regulatory docket.

Developed and implemented business and network plans for the expansion of the company’s services into three local dial tone markets.

Developed and implemented a plan to convert the company’s extended metropolitan service network to an improved fiber-optic based system.

Nov. 1989 -

Jul. 1994Telecom Consulting Services, Inc. - Served as Senior Consultant for the company. Duties same as previous tenure with Telecom Consulting Services, Inc. (see below). Some of the major projects are described below:

Analyzed the purchase of a shared telecommunications service provider and related interexchange carrier (IXC). A business plan was developed which included detailed cash flows, operating plan, long distance network design, marketing plan and an analysis of regulatory and tariff issues for all states in which the business operated.

Directed the design, specification, selection, and implementation of a citywide ESSX (Centrex) and 175 related telephone systems for the City of New Orleans. The system serves critical public safety functions such as Police and Fire as well as all City administrative functions.

Developed affinity long distance programs for four major non-profit organizations (National Audubon Society, National Wildlife Federation, Ducks Unlimited and The Nature Conservancy) and negotiated marketing and royalty agreements with a major interexchange carrier.

Wrote and supported custom billing and cost allocation system software for a regional interexchange carrier.

Designed and implemented a voice mail and integrated voice response system for Dallas County.

Served as an expert witness in cases at the Public Utility Commission of Texas, Texas State Courts and Federal Courts (see Regulatory/Legal Experience below).

Provided Shared Telecommunication System consulting services to a number of Shared Telecommunications Systems companies.

Mar. 1986 -

Nov. 1989Sharecom-Austin, L.P. - Managed a Shared Telecommunications System in Austin. When management began the company was experiencing a significant monthly cash operating loss. At end of tenure, the company was profitable even though Austin had endured an extended economic downturn. During management of the company, customer service and operations were completely revamped, billing practices improved, the long distance network re-designed and improved, the customer base expanded, and operations expanded from one to five buildings. Additionally, handled negotiations with Southwestern Bell on several occasions when Southwestern Bell attempted to mis-apply tariffs. Also continued to provide consulting services to the customers of Telecom Consulting Services, Inc., which had been purchased by ShareCom. Some of the major projects are described below:

Served as General Counsel for the Texas House Administration Committee charged with investigating the installation of a Capitol Complex telephone system serving 13,000 stations and linking to the State's long distance network. Subsequently, worked with State Purchasing and General Services Commission to successfully correct the identified problems.

Worked as a consultant to a new operator services company. Advised the company on pertinent operational and regulatory issues. Designed and acquired access services and intercity services.

Worked as a consultant to several small IXCs (long distance companies), providing both network and regulatory consulting services.

Developed a comprehensive fiber network plan for a cable TV company in Austin.

Apr. 1976 -

Mar. 1986Telecom Consulting Services, Inc. - Served as President of the company. Duties included arranging financing, marketing, selecting and supervising personnel and subcontractors, performing client consulting, presenting consulting findings, etc. Designed, specified, selected, and implemented telephone systems (from small key systems to 12,000 line PBXs and multi-location systems), extensive long distance and data networks, high traffic service centers, and critical communications systems. Testified before the Texas Public Utility Commission, State court, and Federal court as an expert witness. Additionally, testified before the Texas Senate Administration Committee, the Texas House Administration Committee, the Texas Senate State Affairs Committee, the Texas House State Affairs Committee, and the Automated Information and Telecommunications Council of Texas concerning telecommunications issues and legislation. Served as consultant on telecommunications policy issues for Texas Legislative Council.

Sep. 1975 -

Apr. 1976John D. Laufman & Associates - Provided consulting services for a diverse group of customers and a wide range of system sizes. Responsible for entire consulting projects from sale to completion.

Jul. 1974 -

Sep. 1975Southwestern Bell Telephone Company - Had responsibility for PBX sales and service coordination for the financial and hotel/motel market segments. Sold and implemented PBX systems and long distance networks and served as a "trouble-shooter" for large disgruntled customers. Also performed special marketing studies.

PUBLIC SERVICE:

Sep. 1988 -

Sep. 1995Served on the board of directors of the Telecommunications Association of Texas.

Jun. 1986 -

Nov. 1989Organized the Shared Tenant Association of Texas (STAT) and served as its first President.

Sep. 1985 -

Sep. 1995Served three terms as an appointee of Lt. Governor Bill Hobby on the Texas Advisory Commission on Statewide Emergency Services. This commission is charged with the implementation of mandatory Statewide 9-1-1 service and poison control network and centers. During the last two terms, was elected Vice Chairman as the Commission.

Jul. 1985 -

Oct. 1987Served on the faculty of the American Hospital Association and conducted seminars on telecommunications for hospital communications managers.

Sep. 1981 -

Aug. 1983Served on the Texas State Telecommunications Advisory Committee, which had oversight of the State Purchasing and General Services Commission's selection of a new 13,000 line telephone system for the Capitol complex.

Sep. 1981 -

Aug. 1983Served on the Texas State Telecommunications Study Committee, a legislative committee charged with the development of statewide telecommunications policy.

Aug. 1992 -

Sep. 1995Served on the Texas Call Box Task Force, which is studying the feasibility of installing emergency telephones along all Texas highways.

Jan. 1992 -

Jun. 1995A founding member of Telecommunications Study Group, a coalition of telephone company customers and competitors interested in the expansion of competition in the telecommunications industry.

MEMBERSHIPS:Shared Telecommunications Association of Texas (STAT)

Telecommunications Association of Texas (TAT)

Telecommunications Study Group

National Emergency Number Association (NENA)

Texas Emergency Number Association (TENA)

GENERAL INFORMATION:Also a computer programmer specializing in Pascal and Visual Basic and a factory certified technician for the Northern Telecom SL-1 and Rolm CBX. Have a practical working knowledge of several other systems, including the Harris D1200, Harris D1205, Harris 2020, Northern Telecom DMS, AT&T System 75, AT&T System 85, Northern Telecom EASE, and the NEAX 2400. Frequent speaker at industry functions including those of the Telecommunications Association of Texas, Houston Space & Telecom Symposium, Multi-Tenant Telecommunications Association, Intelligent Building Institute, Texas Cable Association, American Society of Hospital Engineers, and Texas Hospital Association.

REGULATORY/LEGAL EXPERIENCE:

Ameriphone v. Tex-Net, Texas State Court Testified about damages and technical network operations, billing system, and central office operations. The case concerned over-billings for long distance services. Ameriphone was a small interexchange carrier. Tex-Net was a carrier's carrier providing switched and private line services to a group of small long distance companies who were also owners of Tex-Net. Ameriphone won the case and was awarded damages.

TelCom, Inc. v. Southwestern Bell Telephone Co., Federal Court Testified concerning damages if Southwestern Bell was allowed to terminate services to TelCom for alleged tariff violations. Testified also as a Federal and state (Texas) tariff and cost expert. Southwestern Bell was enjoined from disconnecting TelCom. Later the case was settled under terms favorable to TelCom.

The City of Mesquite v. Southwestern Bell Telephone Co. Federal and State (Texas) Courts Testified as an expert on pricing and costs of telecommunications services, tariffs, industry practices, etc. The case involved the City's claims that Southwestern Bell has been underpaying franchise fees since 1975. The claim exceeds $15,000,000. Also participated in non-binding mediation between the City and Southwestern Bell. Testimony was instrumental in the Court requiring Southwestern Bell to provide revenue data to the City. Southwestern Bell had claimed the City should pay costs exceeding $2,000,000. After testimony, the Court ordered Southwestern Bell to provide the data at no cost to the City. The case was merged with a state class action and was settled under terms favorable to the City.

Vollmer v. Southwestern Bell Telephone Co., Provided expert consultation concerning telephone company practices, tariffs, and limitation of liability issues. The case involved a dispute about telephone book listings. The client won the case and was awarded damages.

Triplett v. Southwestern Bell Telephone Co., Federal Court Testified as a tariff and telecommunications industry expert. The case involved a dispute about telephone book listings. I testified concerning the tariffs, limitation of liability, Deceptive Trade Practices Act violations, and gross negligence of the telephone company. The case was settled after provided deposition testimony.

US Metro Line Services v. Southwestern Bell Telephone Co., Federal Court Testified as a tariff, cost, and general telecommunications industry expert. The client brought an anti-trust action against Southwestern Bell. The case was decided against the client at the Federal district court and the Fifth Circuit Court. The U.S. Supreme Court, on appeal by the client, remanded the case to the Fifth Circuit two times. The Fifth Circuit Court decided in favor of Southwestern Bell and granted a dismissal.

Metrolink Telecom, Inc. v. Southwestern Bell Telephone Co., State Court Testified as a tariff, cost, and general telecommunications industry expert. Metrolink brought anti-trust and deceptive trade practices actions against Southwestern Bell. The client was awarded damages by jury trial, but was later reversed on legal issues by state court.

Western Union Corporation v. Communications Transmission, Inc., Federal Binding Arbitration Testified as a cost, marketing, price, tariff and general telecommunications expert in a federal arbitration proceeding concerning the value of an analog transmission contract, the feasibility of a digital overbuild and the market for long haul transmission services.

Rubio-Ardila v. Southwestern Bell Yellow Pages et al. Engaged as an expert witness to testify about Deceptive Trade Practices Act issues and general telephone industry practices. The case involved a dispute about telephone book listings. The case was settled favorably for the client at lost profits plus costs.

MacProducts USA Inc. v. Syscomm Design, Inc. Testified as an expert witness on telecommunications practices, pricing industry status, and damages. The case was concluded in binding arbitration.

Haigler, P.C. v. Southwestern Bell Telephone Company, Texas State Court Testified as an expert witness about Deceptive Trade Practices Act issues and general telephone industry practices. The case involved a dispute about telephone book listings. The case settled.

Cline v. GTE Southwestern Company, Inc., Texas State Court Engaged as an expert witness to testify about Deceptive Trade Practices Act issues and general telephone industry practices. The case involved a dispute about wrongful disconnect. The case settled.

US Metroline Services, Inc., 396-33414-HCA-11, Federal Bankruptcy Court Testified for the US Trustee, the Creditors’ Committee and a group of equity holders. Company was sold and emerged from Chapter 11 Bankruptcy with substantial recovery by creditors and equity holders.

Star Tel, Inc. v. TCA Communications, Inc. et al, H-94-4106, United States District Court Testified for Star Tel as an expert telecommunications witness in an anti-trust action against TCA Communications and related companies. The case settled.

Docket 6146, Southwestern Bell Telephone's Filing to Offer ESSX 400 and Obsolete Centrex, Texas Public Utility Commission Engaged as a consulting expert by an intervenor as a technical expert on switches, service costs, operations, tariff application, etc.

Docket 6450, IBM Realcom, et al v. Southwestern Bell Telephone Co., Texas Public Utility Commission Testified as a technical expert on switches, service costs, operations, tariff application, etc. IBM Realcom, et al were shared telecommunications services providers with associated long distance operations. Southwestern Bell was attempting to get the PUC to approve tariffs that would have priced these companies out of business. The Commission approved modified tariffs that were favorable to the shared telecommunications industry. The industry viewed the outcome as a victory for IBM and a significant defeat for Southwestern Bell. Testimony in this docket was used at the FCC to support the industry's position on a Federal level.

Docket 6555, Southwestern Bell Telephone's Filing to Offer ESSX Custom to Shell Oil Co., Texas Public Utility Commission Engaged as a consulting expert by an intervenor as a technical expert on switches, service costs, operations, tariff application, etc.

Docket 7536, 976 Service Tariff, Texas Public Utility Commission Provided expert support to an intervenor as a tariff, telecommunications operations, and general telecommunications industry expert.

Docket 7952, Metro-Link v. Southwestern Bell Telephone Co., Texas Public Utility Commission Performed as a tariff, cost, and general telecommunications industry consulting expert in a technical trial ordered by the PUC. Metro-Link is attacking the validity and interpretation of the tariffs and the tariff rates under which Southwestern Bell is attempting to terminate services to Metro-Link. The technical trial involved testing the feasibility of a new tariff to accommodate the needs of Metro-Link. The case concluded favorably for the client.

Project 9075, Texas Public Utility Commission Performed as a tariff and general telecommunications industry-consulting expert for an intervenor. The project was a rule making proceeding for the purpose of developing a standard cost allocation methodology for telephone company rate making.

Docket 9090, DFW Metro Line Services v. Southwestern Bell Telephone Co., Texas Public Utility Commission Testified as a tariff, cost, and general telecommunications industry expert and functioned as company representative. DFW attacked the validity and interpretation of the tariffs and the tariff rates under which Southwestern Bell attempted to terminate services to DFW. Arranged for the dismissal of the docket under terms very favorable to the client.

Docket 9618, Southwestern Bell Telephone Co., v. Metropolitan Fiber Systems, Texas Public Utility Commission Testified as a tariff and general telecommunications industry expert for two intervenors. Southwestern Bell asked the Commission to rule that the companies such as Metropolitan Fiber Systems are providing local exchange services without being certificated by the Commission and must therefore cease and desist. Additionally, Southwestern Bell asked if the ruling on the above goes against them, that the Commission develop a comprehensive policy on competition for local exchange services. Outcome was favorable to clients.

Docket 9640, Metropolitan Fiber Systems v. Southwestern Bell Telephone Co., Texas Public Utility Commission Testified as a tariff, cost and general telecommunications industry expert for two intervenors. Metropolitan Fiber Systems asked the Commission to require the LECs to unbundle local exchange services, price services based on cost, and remove all prohibitions against the resale of local exchange services. Outcome was favorable to clients.

Project 9708, Texas Public Utility Commission Performed as a tariff and general telecommunications industry-consulting expert for two intervenors. This project is a rule making proceeding for the purpose of modifying the definition of local exchange service. The case was concluded favorably for those companies competing with Southwestern Bell.

Docket 9796, Southwestern Bell Telephone Co., v. Metropolitan Fiber Systems, Texas Public Utility Commission Testified as a tariff and general telecommunications industry expert for two intervenors. This docket was severed from Docket 9618. It was the cease-and-desist portion of that docket.

Docket 9960, Southwestern Bell Telephone Co., Application to Declare Plexar 75 to 200 Stations Competitive, Texas Public Utility Commission Provided expert support for an intervenor as a tariff, cost, and general telecommunications industry expert. Southwestern Bell asked the Commission to deregulate rates on Plexar (Centrex) services for systems of 75 to 200 stations. The case was concluded successfully for the intervenor.

Docket 10831, Southwestern Bell Telephone Co., Application to Redefine the Point of Demarcation and the Location of the Network Interface, Texas Public Utility Commission Provided consulting expert support for a group of clients who wished to monitor this effort of Southwestern Bell to alter its definitions in ways which might be detrimental to the clients' interests. Southwestern Bell withdrew its application.

Project 11081, Texas Public Utility Commission Performed as a tariff and general telecommunications industry-consulting expert for two intervenors. This project is a rule making proceeding for the purpose of developing a new definition for competitive exchange services. The case was concluded favorably for those companies competing with Southwestern Bell.

Docket 11109, Southwestern Bell Telephone Co., Application to Obsolete and Grandfather Centrex, Texas Public Utility Commission Provided consulting expert support to an intervenor as a tariff, cost, and general telecommunications industry expert. Southwestern Bell asked the Commission to deregulate rates on Plexar (Centrex) services for systems of 75 to 200 stations. The case was concluded successfully for the intervenor.

Docket 11515, Office of Public Counsel's Enquiry into the Reasonableness of Southwestern Bell Telephone's Rates, Texas Public Utility Commission Provided consulting expert support to an intervenor as a tariff, cost, and general telecommunications industry expert.

Project 11708, Texas Public Utility Commission Performed as a tariff and general telecommunications industry consulting expert for an intervenor. This project is a rule making proceeding for the purpose of dismantling Southwestern Bell's and General Telephone Company's local exchange monopolies.

Project 11803, Texas Public Utility Commission Performed as a tariff and general telecommunications industry consulting expert for some intervenors. This project is a rule making proceeding for the purpose of developing rules concerning competitors' interconnection with local exchange telephone companies, colocation of competitors' equipment with that of local exchange telephone companies, and the unbundling of local exchange telephone companies' rates and services.

Project 11833, Texas Public Utility Commission Performed as a tariff and general telecommunications industry consulting expert for some intervenors. This project is a rule making proceeding for the purpose of developing rules concerning private line interconnection, colocation, and the unbundling of local exchange telephone companies' private line rates and services.

Project 11840, Southwestern Bell Telephone's Application to Extend Optional Extended Area Calling for the Valley, Texas Public Utility Commission Performed as a tariff and general telecommunications industry consulting expert for an intervenor. This project is a rule making proceeding for the purpose of expanding optional extended area calling service in the Texas Valley.

Docket 14447, Petition of MCI and The Office of Public Utility Counsel for an Investigation of the Practices of Southwestern Bell Telephone Company Regarding the Exhaustion of Telephone Numbers in the 214 and 713 Numbering Plan Areas Testifed as a tariff and general telecommunications industry consulting expert. The Commission adopted a position consistent with the testimony provided.

Docket 15101; SOAH Docket 473-96-0069, Complaint of Plexnet, Inc. and DFW-Direct Against GTE Southwest, Inc. Performed as a fact witness in dispute over the resale of EMS/EAS. Outcome was favorable to clients.

AT&T Deregulation, 70th Texas Legislature Testified against AT&T deregulation in House and Senate hearings.

Public Utility Regulatory Act, 67th Legislature Testified against the regulation of cable television companies and other common carriers in House and Senate hearings.

Automated Information and Telecommunications Council, Texas Testified concerning state telecommunications policy and against local measured service.

Texas Sunset Commission Testified as a general industry expert on revisions to the Public Utility Regulatory Act of Texas.

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Charles Clapsaddle

Principal Consultant