STATE OF NORTH CAROLINA

DEPARTMENT OF JUSTICE

CIVIL INVESTIGATIVE DEMAND

ISSUED TO: FRONTIER COMMUNICATIONS OF AMERICA, INC.

c/o Corporation Service Company, registered agent
2626 Glenwood Avenue
Raleigh, North Carolina 27608

TAKE NOTICE:

PURSUANT TO § 75-10 OF THE NORTH CAROLINA GENERAL STATUTES,

YOU ARE HEREBY REQUIRED to respond fully and truthfully to each of the attached
demands for production of documents regarding the practices of Frontier Communications of
America, Inc. ("Frontier") in North Carolina. Responsive documents, along with any objections
or reasons for not complying with this Civil Investigative Demand, must be tendered to the
undersigned Assistant Attorney General at the following address by 2:00 p.m. EST on
Thursday, January 31, 2019:

TracyNayer
North Carolina Department of Justice
Financial Fraud Section
Consumer Protection Division
Post Office Box 629
Raleigh, North Carolina 27602

1
 CIVIL INVESTIGATIVE DEMAND
INSTRUCTIONS

1. This CIVIL INVESTIGATIVE DEMAND ("CID") requires the production of

all requested documents that are in your possession, custody, or control without regard to
their location or the person or persons by whom or for whom the documents wen:~ prepared
(e.g., Frontier employees, distributors, contractors, representatives, competitors, or others).

2. This CID is ongoing in nature and imposes a continuing duty to produce promptly any
responsive document that comes into your knowledge, possession, custody, or control after
your initial production of responsive documents.

3. This CID asks that you retain all records, books, papers, electronic media, objects, or other
documents- which may be relevant to these requests. If you have
a document retention/destruction program, in order to comply with the requests herein,
please suspend it immediately with respect to all documents that may be relevant to
this CID. Further, please take precautions to ensure that no documents demanded by
this CID are inadvertently or knowingly destroyed, altered, or concealed.

4. If any requested documents are withheld in their entirety-or if portions of any responsive
documents provided are withheld-for any reason, including but not limited to a claim of
privilege, work product, trade secret, or any other protection from discovery, provide a
detailed log identifying each document that is withheld in whole or in part and, for each
such document, list the following information:

a. The name of each author, writer, sender, creator, or initiator of such document;

b. The name of each recipient, addressee, or party for whom such document was
intended or to whom the document was sent;

c. The date of such document, or an estimate thereof if no date appears on the

document;

d. The general subject matter of the document; and

e. The claimed grounds for withholding the document in whole or in part, including,
but not limited to, the nature of any claimed privilege and grounds in support
thereof.
.•

5. If any of the requested documents exist but are not in the possession, custody, or control
of Frontier, please identify the name and address of the person or entity now having
possession, custody, or control of said documents. If any requested documents no longer
exist, state whether such documents are missing, have been destroyed, or have been
otherwise disposed of, and explain the circumstances surrounding the reason for and
manner of such disposition of each document and identify any persons with knowledge of
the same.

CID for Frontier Communications ofAmerica, Inc. due on/before Jan. 31, 2019 Page 2
 CIVIL INVESTIGATIVE DEMAND
INSTRUCTIONS (continued)

6. In each instance in which a do~ument is produced in response to a request, produce the

original final version of the document (or a copy if the original is not available), along with
all earlier drafts or predecessor documents serving the same function, even though the title
of earlier documents may differ from current versions or even if the drafts are in a form
different from the final version of the document (e.g., electronic mail final version and
handwritten notes initial draft).

7. The following procedures shall apply to the production of documents in response to this
CID:

a. The recipient of this CID or its designee shall compile and provide, along with the
responsive documents, a list that identifies each responsive document and the
request to which the document relates (e.g., Response to Request No. 1,
Response to Request No. 2, and so forth);

b. Each responsive document provided should correspond numerically to each

numbered request, and should be labeled accordingly (e.g., Response to ·"Request
No. 1, Response to Request No. 2, and so forth);

c. When more than one document is provided in response to a request, please group
such documents together and identify the request to which such documents relate;

d. Every responsive document should be produced in the form in which it is or has

been maintained in the ordinary course of business;

e. All attachments that accompany each responsive document, whether hard copy or
digital, shall be produced with, and attached to, the responsive documents provided;

f. No portion of any document shall be edited, cut, masked, redacted, or otherwise

altered, and the entire document or information shall be produced, unless
Instruction No. 4 above applies;

g. The recipient of this CID shall provide a key to all abbreviations used in the
responsive documents and shall attach the key to the corresponding documents.

8. Documents that may be responsive to more than one numbered request herein need not be
submitted more than once. However, for each document of such nature, identify all of the
numbered requests to which the document is responsive.

9. Consecutively number each page of the total submission of responsive documents

produced and indicate the total number of pages produced with your response. This page
numbering must be separate from and must not alter any original page numbering on the
responsive documents. Precede each page number with the initials or name of the company
(e.g., FCA-00001, FCA-00002, etc.).

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 CIVIL INVESTIGATIVE DEMAND
INSTRUCTIONS (continued)

10. Responses to these requests must be provided in a text-searchable electronic format, either
as a Concordance® load file or a native file saved on a disk, CD, or external hard drive.
If you have any questions about providing your responsive documents in this required
text-searchable electronic format, immediately contact the undersigned.

11. All documents that are maintained in electronic format must be produced in electronic
format (in order of preference):

a. "Native" format (including but not limited to Microsoft Word files,

Corel WordPerfect files, etc.).

b. Adobe Reader files(* .pdf), in a searchable OCR format.

c. Exported TIFF and Index files as produced by a third party's software.

d. Microsoft Excel files, E-mail files, PowerPoint files, Text files, and Tagged Image
Format files. Supported data formats for word processing files include
WordPerfect and Microsoft Word. Supported data formats for spreadsheet files
include Microsoft Excel 2010 or prior *.xls files. Additionally, database and
spreadsheet files may be submitted after conversion to ASCII delimited,
comma-separated format, with field names as the first record. The supported data
format for graphic images is TIFF in a compressed and unencrypted file.

12. You may submit electronically stored data on non-microcomputer-based (i.e., main frame)
systems in a sequential format with fixed length records. Additionally, all data in each
record should be stored in a printable format (i.e., numbers should not be in packed format).

13. Responsive documents produced in electronic format must: (i) be properly identified;
(ii) be produced in a format that accurately captures each version of the document,
including handwritten notes, signatures, etc.; (iii) include all associated
electronically-searchable text files for the document; (iv) include all metadata associated
with the document; and (v) otherwise comply with other provisions of these instructions.

14. All responsive documents that are maintained in a computer database, in addition to being
produced in "Native" format, are to be produced in database format, along with all keys
and indexes necessary to search and access such documents using the appropriate database
program.

CID for Frontier Communications of America, Inc. due on/before Jan. 31, 2019 Page 4
 CIVIL INVESTIGATIVE DEMAND
INSTRUCTIONS (continued)

15. This CID is intended to cover documents and electronically stored information ("ESI") in
every form or source in which such documents or ESI exists or in which you possess it,
including without limitation computer or electronic files stored on file servers, e-mail
servers, work stations, desktops, hard drives, personal digital assistants ("PDAs"),
smartphones (e.g., Blackberrys, iPhones, Droids), tablets (e.g., iPads) and other mobile
electronic devices, or other electronic social or industrial/business web-based media (e.g.,
Facebook®, Twitter®, Linkedin®), records, data, reports, and quer1es derived from or
residing in applications and databases, computer printouts, contracts, cost sheets, data
compilations from which information can be obtained, derived, or can be translated through
. detection devices or converted or translated into reasonably usable form, magnetic discs,
magnetic strips, magnetic tape, recognition characters, microfiche, microfilm, optical
characters, punched cards, punched paper tapes, audio tapes or recordings, or video tapes
or recordings.

a. Documents and ESI are in your "constructive possession, custody, care or control"
if they reside physically or digitally on your premises, and also if they reside at the
facilities of or on the servers or other devices of third parties such as "cloud"
providers, document storage facilities, back up sites, and other entities with whom
you contract to maintain or house your documents and ESL

16. You must submit with your initial response, and with any subsequent response, to this CID
an executed Certificate of Production authenticating any documents produced and
certifying that all documentary material in your possession, custody, or control has been
produced and made available. A blank Certificate of Production follows the Certificate of
Service page of this CID.

DEFINITIONS

1. "Frontier Communications of America, Inc.," "Frontier," "Respondent," "You," or "Your"

shall refer to the business known as Frontier Communications of America, Inc., which
includes but is not limited to any trade names or "doing business as" names, as well as any
present or former parent or sibling companies, controlled subsidiaries, predecessors,
successors, divisions, assigns, affiliates, and any other organizations in which you have a
management or controlling interest. The terms also include present and former officers,
directors, employees, agents, representatives, attorneys, and all persons acting on behalf of
Frontier.

2. "Person" means any natural person and any non-natural entity, including but not limited to
any corporation, limited-liability company, partnership, trust, sole proprietorship,
cooperative, joint venture, association, governmental entity, employee, agent, contractor,
or consultant. This term also includes any group or associations of persons.

3. "North Carolina customer" shall mean any person who received services provided by
Frontier at a North Carolina address.

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 CIVIL INVESTIGATIVE DEMAND
DEFINITIONS (continued)

4. "Document," "Documentary Material," or "Record," unless otherwise specified, means

handwritten, typewritten, printed, punched, taped, filmed, computerized, programmed,
recorded or graphic materials, information or data of every kind and description, whether
in final or draft form, however produced or reproduced, including but not limited to: letters,
correspondence, telegrams, facsimiles, voice mail, e-mail, memoranda, reports, studies,
summaries, analyses, bulletins, circulars, advertisements, instructions, books, records,
notes, records and notes of telephone or personal conversations and conferences, minutes,
worksheets, contracts, chm.is, graphs, photographs, film, audiotape and videotape
recordings, and all other data compilations or information resources from which
information can be obtained or translated into reasonably usable form. These terms also
include the original of any document in whatever medium it may exist and all copies that
differ in any way from the original, including the addition of any notations, underlining,
markings, or electronically imbedded comments or codes. They further include
information stored in, or accessible through, computer diskettes and hard drives or other
information retrieval systems, together with instructions and all other materials necessary
to use or interpret such data compilations.

5. "And" and "or" shall be construed either conjunctively or disjunctively so as to make them
terms of inclusion rather than terms of exclusion, which terms shall be construed in favor
of the production of documents (i.e., these terms shall be construed to bring within the
scope of the document requests herein any information which might otherwise be construed
as outside their scope).

6. "Any" or "all" shall include the collective as well as the singular, and shall mean "all,"
"any," "each," and "every," and these terms shall be interchangeable.

7. "Communication" means every disclosure, transfer, exchange, or transm1ss1on of

information between two or more persons or entities, whether oral, written, or electronic,
and whether face to face, by telecommunications, computer, U.S. Mail, corporate internal
mail, telecopier, telephone, text, email, facsimile machine, or other media, whether by
chance or design.

8. "Regarding," "Relating to," "Relate," "Related" and any derivation of these words shall
mean consisting of, referring to, reflecting, supporting, evidencing, prepared in connection
0

with, used in preparation for, underlying, or being in any W ay legally, logically, or factually
connected to the matter discussed, whether in whole or in part, directly or indirectly.

9. The term "concerning" means referring to, describing, offering evidence of, or constituting.

10. "Copy" or "Copies" means either an original document or a legible electronic or photostatic
copy.

CJD for Frontier Communications ofAmerica, Inc. due on/before Jan. 31, 2019 Page 6
 CIVIL INVESTIGATIVE DEMAND
DEFINITIONS (continued)

11. "Identify" and derivatives thereof, shall mean the following:

a. When used in reference to a natural person, to state: (i) the person's full name;
(ii) the person's title; (iii) the person's present or last known residential and
business address; (iv) the person's present or last known personal and business
telephone number; (v) the person's present or last known e-mail address; and
(vi) the person's job title if employed by Frontier. Once a person has been
identified in accordance with this subparagraph, only the name of that person need
be listed in response to subsequent requests concerning the identification of that
person.

b. When used in reference to documents or ESI, to provide, to the extent known,

information about the (i) type of document or ESI (e.g., letter, memoranda, chart,
sound reproduction, repo1i, computer inputs or outputs, etc.); (ii) its general subject
matter; (iii) the date of the document or ESI; and (iv) author(s), addressee(s) and
recipient(s).

c. When used in reference to a communication that is not contained within a document

or ESI, to provide: (i) the type of communication (e.g., telephone call, face-to-face
meeting, video conference, Skype, etc.); (ii) the identity of all participants to such
communication; (iii) the substance of the communication; and (iv) the date of such
communication.

d. When used in reference to a legal entity, such as a corporation or partnership,

to state: (i) the organization's full name, trade names, and any "doing business as"
names, if any; (ii) the address and telephone number of its principal place of
business; and (iii) the names and titles of the entity's officers, directors, managing
agents, or governors.

e. When used in reference to a customer, to state: (i) the full name of the customer;
(ii) the customer's present or last known service address; (iii) the customer's
present or last known mailing address; (iv) the full name of any contact person
identified by the customer; (v) the present or last known e-mail address for the
customer and any contact person; (vi) the customer's present or last known
telephone number; (vii) the customer's date of contract; (viii) the length of the
contract; (ix) the status of the contract; and (x) the date of any early termination.

12. "Relevant Period," unless otherwise stated, shall mean the time period between
January 1, 2013 and the date on which responses are provided to this CID.

13. The singular and plural forms of any word shall be construed interchangeably so as to bring
within the scope of these document requests any information which might otherwise be
construed as outside their scope.

CID for Frontier Communications ofAmerica, Inc. due on/before Jan. 31, 2019 Page 7
 CIVIL INVESTIGATIVE DEMAND
REQUESTS FOR DOCUMENTS

You are required by this CID to produce any and all of the following documents for the
Relevant Period unless expressly indicated otherwise:

1. Documents sufficient to show your business or corporate name, street and mailing
addresses, telephone numbers, and the jurisdiction(s) where you are registered and/or
incorporated.

2. Documents sufficient to show all licenses, permits, authorizations, or similar registrations

you hold to operate your business in North Carolina.

3. Documents sufficient to show your corporate structure, including officers, directors,

managing members, governors, or other individuals occupying a similar status or
performing similar functions.

4. Documents sufficient to show the full names and official mailing addresses of all
individuals identified in Request No. 3.

5. Documents sufficient to show your corporation's structural relationship with any parent,
sibling, or subsidiary affiliates.

6. Documents sufficient to show the full names and official mailing addresses of all entities
identified in Request No. 5.

7. Documents sufficient to show any and all alternative, trade, or "doing business as" names
that you used or currently use.

8. Documents sufficient to show the website page screenshots and associated URLs that you
used or currently use to communicate with prospective and current North Carolina
customers about each of the high-speed internet service plans offered or advertised to them
by Frontier.

9. Documents sufficient to identify each of the high-speed internet service plans offered or
advertised by Frontier to prospective and current North Carolina customers.

10. Documents sufficient to show which of the high-speed internet service plans identified in
Request No. 9 were available to all prospective and current North Carolina customers.

11. Documents sufficient to show which of the high-speed internet service plans identified in
Request No. 9 were offered or advertised to all prospective and current North Carolina
customers.

12. Documents sufficient to show which of the high-speed internet service plans identified in
Request No. 9 were available only to those prospective and current North Carolina
customers who would receive or were receiving this high;-speed internet service in specific
or limited geographical areas of the State of North Carolina. Please identify the specific
geographical area(s) in which each of those limited availability plans were available.

CID for Frontier Communications ofAmerica, Inc. due on/before Jan. 31, 2019 Page8
 CIVIL INVESTIGATIVE DEMAND
REQUESTS FOR DOCUMENTS (continued)

13. Documents sufficient to show which of the high-speed internet service plans identified in
Request No. 9 were offered or advertised only to those prospective and current North
Carolina customers who would receive or were receiving this high-speed internet service
in specific or limited geographical areas of the State of North Carolina. Please identify the
specific geographical area(s) in which each of those limited availability plans were offered
or advertised.

14. Copies of all advertisements and promotional materials used or made available to
prospective and current North Carolina customers-including but not limited to each direct
mailing, print advertisement, television advertisement, radio advertisement, Facebook
post, Twitter post, e-mail, press release, pop-up internet advertisement--concerning or
offering high-speed internet service plans for speeds "of' 6 Mbps, "up to" 6 Mbps, "as fast
as" 6 Mbps, or any other offers related to 6 Mbps (e.g., the "High-Speed Internet Max"
plan and "High-Speed Internet Lite" plan).

15. A searchable, sortable list or spreadsheet identifying the North Carolina customers who
subscribed to any and each of the high-speed internet service plans offered by Frontier
identified in Request No. 9, which list or spreadsheet identifies: all available identifying
North Carolina customer information, including the address at which the customer received
the internet service; the internet service plan(s) to which the customer was subscribed; and
the dates that the North Carolina customer was subscribed to that service plan, including
whether the customer is subscribed to the service plan as of the date that the responses to
this CID are provided. This list or spreadsheet should identify whether any of the North
Carolina customers changed the internet service plan to which they were subscribed with
Frontier during the Relevant Period, and indicate the dates during which those North
Carolina customers were subscribed to each internet service plan, as well as the reason for
the change in plan, if such reason was communicated between the customer to Frontier.

16. A searchable, sortable list or spreadsheet identifying the North Carolina customers who
subscribed to a high-speed internet service plan with Frontier that concerned or offered
high-speed internet service for speeds "of' 6 Mbps, "up to" 6 Mbps, "as fast as" 6 Mbps,
or any other plan related to 6 Mbps (e.g., the "High-Speed Internet Max" plan and
"High-Speed Internet Lite" plan), which list or spreadsheet identifies: all available
identifying North Carolina customer information, including the address at which the
customer received the internet service; the internet service plan(s) to which the customer
was subscribed; and the dates that the North Carolina customer was subscribed to that
service plan, including whether t.he customer is subscribed to the service plan as of the date
that the responses to this CID are provided. This list or spreadsheet should identify whether
any of the North Carolina customers changed the internet service plan to which they were
subscribed with Frontier during the Relevant Period, and indicate the dates during which
those North Carolina customers were subscribed to the internet service plans identified in
this Request, as well as the reason for the change in plan, if any, if such reason was
communicated between the customer to Frontier. This Request should be a subset of
Request No. 15, and the information provided in response to this Request should be
included in Request No. 15.

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 CIVIL INVESTIGATIVE DEMAND
REQUESTS FOR DOCUMENTS (coniinued)

17. Copies of all contracts, including any addenda or modifications, between Frontier and the
North Carolina customers identified in Request No. 16.

18. Documents sufficient to identify the amount billed by Frontier for high-speed internet
service to the North Carolina customers identified in Request No. 16.

19. Documents concerning Frontier's policies regarding setting and changing provisioning
speeds for new and existing high-speed internet service customers.

20. Documents sufficient to identify the megabits-per-second ("Mbps") speeds at which each
of the North Carolina customers identified in Request No. 16 were provisioned at the time
that such customers entered into the contracts identified in Request No. 17.

21. Documents sufficient to identify the Mbps provisioned speeds to which each of the North
Carolina customers identified in Request No. 16 were changed-if at all-during the
course of their respective subscriptions for high-speed internet service with Frontier,
including the date each such provisioned speed change was made, and the reasons for each
change to the speed at which these customers were provisioned.

22. Documents sufficient to identify the location of each Digital Subscriber Line Access
Multiplexer ("DSLAM") throughout the State of North Carolina, as well as the location of
any DSLAM equipment in states bordering North Carolina through which any North
Carolina customers are routed. This should include the date each DSLAM was added to
Frontier's network and was first and last used to route North Carolina customer traffic.

23. A searchable, sortable list or spreadsheet identifying the North Carolina customers who
were identified in Request No. 16, which list or spreadsheet identifies all of the information
included in Request No. 16, as well as the following: the location of the DSLAM
equipment through which each customer was designated to be routed at the time they
entered into their respective contracts for service identified in Request No. 17; and the
length in miles-rounded to the nearest one~quarter (1/4 or 0.25) mile-of the cable or
fiber that runs between that designated DSLAM equipment and the address identified in
Request No. 16 for which the customer requested service.

24. All memoranda and communications concerning, related to, or referring to functionality
capabilities or limitations and internet speeds where the distance between DSLAM
equipment and the location for which customer requested high-speed internet service was
equal to or greater than one-and:.a-half miles.

25. Copies of all application materials submitted by Frontier for the purpose of requesting
funds that would be awarded as part of the federal government's Connect America Fund
and Connect America Fund II disbursements.

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 CIVIL INVESTIGATIVE DEMAND
REQUESTS FOR DOCUMENTS (continued)

26. Copies of all communications from North Carolina customers that you received concerning
slowed internet speeds or underperforming high-speed internet connections during the
Relevant Period, including those submitted directly to you from a customer or provided to
you by the Better Business Bureau, a government agency, or any other source, where such
customers were, at the time of their communication, subscribed to the internet service plans
offering speeds "of' 6 Mbps, "up to" 6 Mbps, "as fast as" 6 Mbps, or any other offers
related to 6 Mbps.

27. All documentation, including e-mails, related to your investigations, reviews, and/or
responses to the customer communications identified in Request No. 26.

Issued this the 9th day of January, 2019, under my hand and seal pursuant to

authority vested in me by Section 75-10 of the General Statutes of North Carolina.

JOSH STEIN
ATTORNEY GENERAL

TracyNayer
Assistant Attorney

North Carolina Depaitment of Justice

Financial Fraud Section
Consumer Protection Division
Post Office Box 629
Raleigh, North Carolina 27602
(919) 716-6000 (phone)
(919) 716-6050 (fax)
tnayer@ncdoj.gov

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 CIVIL INVESTIGATIVE DEMAND
CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing CIVIL INVESTIGATIVE

DEMAND upon the following by sending a copy of the same in the United States Mail by certified

mail to:

Frontier Communications of America, Inc.

c/o Corporation Service Company, registered agent
2626 Glenwood Avenue
Raleigh, North Carolina 27608

This the 9th day of January, 2019.

JOSH STEIN
ATTORNE GENERAL

Tracy Nayer
Assistant Attorney General

North Carolina Department of Justice

Financial Fraud Section
Consumer Protection Division
Post Office Box 629
Raleigh, North Carolina 27602
(919) 716-6000 (phone)
(919) 716-6050 (fax)
tnayer@ncdoj.gov

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 CIVIL INVESTIGATIVE DEMAND
STATE OF-_ _ _ __

COUNTY OF - - - - - -

CERTIFICATION OF PRODUCTION

I, , hereby swear that the documents

produced herewith are authentic, or true and accurate copies of, records kept by the person or entity
to whom the State's Civil Investigative Demand is directed ("Respondent"). I attest that either
I am the Respondent or that I am the agent of the Respondent; and that I am competent and
authorized to make this production.

I also swear that all documentary material in Respondent's possession, custody, or control has
been produced and made available. I further swear that I understand Respondent's continuing
obligation supplement the responses and production should Respondent become- aware of
additional responsive information or documentary material.

I hereby swear that the foregoing is true and accurate to the best of my knowledge.

Signature of Respondent or Respondent's

Agent

Print Name

Date

Sworn to and subscribed before me

This the _ _ _ day of _ _ _ _ _ _, 20_

(Signature of Notary Public)

(Printed Name of Notary Public)

My commission expires: _ _ _ _ _ _ _ __

RE: CID to Frontier Communications ofAmerica, Inc. due to NCDOJ on/before Jan. 31, 2019