HomeMy WebLinkAbout11. Kari Sand Exhibit 1 to Declaration
Exhibit 1
Deposition of Chesley Dillon
In Re: TracFone Wireless, Inc.
December 23, 2020
206.287.9066 l 800.846.6989
1325 Fourth Avenue, Suite 1840, Seattle, Washington 98101
www.buellrealtime.com
email: info@buellrealtime.com
In Re: TracFone Wireless, Inc. Chesley Dillon
206.287.9066 l 800.846.6989
BUELL REALTIME REPORTING, LLC
272e2162-b46c-491c-aad8-2dbce80b0c33
Page 1
BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON
________________________________________________________
RE: )
)
TracFone Wireless, Inc. )
)
Administrative Appeal )
)
________________________________________________________
VIDEOCONFERENCE DEPOSITION UPON ORAL EXAMINATION
OF
CHESLEY DILLON
________________________________________________________
(All participants appearing via Zoom videoconference.)
Taken at
Miami, Florida
DATE TAKEN: December 23, 2020
REPORTED BY: KATHLEEN HAMILTON, RPR, CRR, CCR 1917
In Re: TracFone Wireless, Inc. Chesley Dillon
206.287.9066 l 800.846.6989
BUELL REALTIME REPORTING, LLC
272e2162-b46c-491c-aad8-2dbce80b0c33
Page 2
1 A P P E A R A N C E S
2
APPEARING VIA ZOOM FOR THE APPELLANT:
3
SCOTT EDWARDS
4 GRANT S. DEGGINGER
Lane Powell PC
5 1420 Fifth Avenue
Suite 4200
6 Seattle, Washington 98111
206.223.7000
7 EdwardsS@LanePowell.com
deggingerg@lanepowell.com
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APPEARING VIA ZOOM FOR THE CITY OF RENTON:
10
KARI L. SAND
11 Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue
12 Suite 3500
Seattle, Washington 98164
13 206.447.7000
ksand@omwlaw.com
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In Re: TracFone Wireless, Inc. Chesley Dillon
206.287.9066 l 800.846.6989
BUELL REALTIME REPORTING, LLC
272e2162-b46c-491c-aad8-2dbce80b0c33
Page 3
1 DEPOSITION OF CHESLEY DILLON
2 EXAMINATION INDEX
3 EXAMINATION BY PAGE
4 MS. SAND................................................. 4
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7 EXHIBIT INDEX
8 EXHIBITS FOR IDENTIFICATION PAGE
9 73 TracFone brochure 16
74 TRACFONE WIRELESS TERMS AND CONDITIONS OF SERVICE 29
10 75 Tracfone BASIC PHONE CARD 46
76 Oct. 2010 TRACFONE WIRELESS v. REVENUE 170 Wn.2d 61
11 273, 242 P.3d 810
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In Re: TracFone Wireless, Inc. Chesley Dillon
206.287.9066 l 800.846.6989
BUELL REALTIME REPORTING, LLC
272e2162-b46c-491c-aad8-2dbce80b0c33
Page 38
1 user activates wireless service with TracFone, the end
2 user must provide the ZIP Code for the primary place of
3 use?
4 A. I don't think we ask that question.
5 Q. Who's "we", TracFone?
6 A. TracFone.
7 Q. They don't ask for the customer's primary place
8 of use?
9 A. We ask where the customer -- the ZIP Code where
10 the customer's going to use their phone the most or
11 terms along that line.
12 Q. Okay. I think we're saying the same thing. I
13 just called it primary place of use and you said the
14 place where they're going to use it the most; is that
15 right?
16 A. Yes, that's what I said.
17 Q. Okay. So TracFone asks the end user for the ZIP
18 Code of the place where they're going to use their phone
19 the most; correct?
20 A. I don't know if that's an exact quote, but it's
21 in line with those terms.
22 Q. Okay.
23 MR. EDWARDS: Hey, Kari, before you move on
24 there, in terms of, for the record, the version of the
25 exhibit that you're looking at and questions that you've
17 Q. Okay. So TracFone asks the end user for the ZIP
18 Code of the place where they're going to use their phone
19 the most; correct?
20 A. I don't know if that's an exact quote, but it's
21 in line with those terms.
In Re: TracFone Wireless, Inc. Chesley Dillon
206.287.9066 l 800.846.6989
BUELL REALTIME REPORTING, LLC
272e2162-b46c-491c-aad8-2dbce80b0c33
Page 52
1 airtime minutes using an airtime card such as this;
2 correct?
3 A. Yes.
4 Q. Isn't it true that TracFone has a direct
5 financial relationship with every end user who purchases
6 airtime directly from TracFone?
7 A. You said that purchases directly from TracFone?
8 Q. Correct, from either the website or by calling
9 Customer Care.
10 A. Yes.
11 Q. To your knowledge does TracFone pay or remit
12 utility taxes to any Washington city?
13 A. Yes.
14 Q. How many Washington cities?
15 A. I'm not sure.
16 Q. Can you name any of the Washington cities that
17 TracFone pays utility tax to?
18 MR. EDWARDS: Kari, I'm going to object to
19 the question about names of specific cities. That's
20 confidential taxpayer information. And I -- I don't
21 know that -- that's been the same issue that your
22 witness has been struggling with in terms of naming
23 other cities that are not a party to this matter. And I
24 don't think asking about the identity of specific taxing
25 jurisdictions where TracFone's tax reporting constitutes
4 Q. Isn't it true that TracFone has a direct
5 financial relationship with every end user who purchases
6 airtime directly from TracFone?
7 A. You said that purchases directly from TracFone?
8 Q. Correct, from either the website or by calling
9 Customer Care.
10 A. Yes.
11 Q. To your knowledge does TracFone pay or remit
12 utility taxes to any Washington city?
13 A. Yes.
14 Q. How many Washington cities?
15 A. I'm not sure.
In Re: TracFone Wireless, Inc. Chesley Dillon
206.287.9066 l 800.846.6989
BUELL REALTIME REPORTING, LLC
272e2162-b46c-491c-aad8-2dbce80b0c33
Page 69
1 upon sale to the subscriber. Again if we're talking
2 about a customer there, so when a card is purchased from
3 a retailer, it is activated and then sold. So when it
4 says activated upon the sale, a customer is purchasing
5 an active card. There may also be active cards.
6 There is then: Activation requires that
7 subscriber provide TracFone with a cellphone's serial
8 number and ZIP Code in which the subscriber will
9 primarily use the cellphone. That's talking about the
10 activation of a handset. And, again, this is -- that
11 term "primarily" is not a word we use.
12 (As read): TracFone chooses an underlying
13 carrier for the area and sends a code that programs
14 it -- that programs it with the correct home area,
15 telephone number, and rating information.
16 That code that is sent is -- is like an SMS
17 message, and that is done through a facility-based
18 carrier's network.
19 (As read): Once a TracFone cellphone is active,
20 a subscriber may purchase additional airtime minute
21 cards in increments of 30 to 400 minutes or by
22 contacting TracFone and getting additional airtime.
23 The minute cards can be different denominations
24 now than the 30 to 400 minutes. There may be others.
25 And the last sentence there is still correct.
19 (As read): Once a TracFone cellphone is active,
20 a subscriber may purchase additional airtime minute
21 cards in increments of 30 to 400 minutes or by
22 contacting TracFone and getting additional airtime.
23 The minute cards can be different denominations
24 now than the 30 to 400 minutes. There may be others.
In Re: TracFone Wireless, Inc. Chesley Dillon
206.287.9066 l 800.846.6989
BUELL REALTIME REPORTING, LLC
272e2162-b46c-491c-aad8-2dbce80b0c33
Page 90
1 C E R T I F I C A T E
2
3 STATE OF WASHINGTON
4 COUNTY OF KING
5
6 I, Kathleen Hamilton, a Certified Shorthand
7 Reporter and Notary Public in and for the State of
8 Washington, do hereby certify that the foregoing
9 transcript of the deposition of CHESLEY DILLON, having
10 been duly sworn, on DECEMBER 23, 2020, is true and
11 accurate to the best of my knowledge, skill and ability.
12 IN WITNESS WHEREOF, I have hereunto set my hand
13 and seal this 5TH day of JANUARY, 2021.
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16 ______________________________________
17 KATHLEEN HAMILTON, RPR, CRR, CCR #1917
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