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UNITED STATES.DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

SMITH CABLE SYSTEMS, INC. 

FAA DOCKET NO. CP09AL0012 

(Civil Penalty Action) 

DMS NO. FAA-2009-0976 

FAA'S EXPEDITED MOTION TO PERMIT TELEPHONIC TESTIMONY 

L Introdaction. 

Complainant Federal Aviation Administration ("FAA"), thTcugh coimsel, hereby moves 

the judge, on an expedited basia, to permit its two Ketchikan^based witnesses to testify in this 

matter by telephone rather than in-person. 

II> Discussion. 

A. The Motion Should Be Considered on an Expedited Basis. 

Tide hearing in this matter is scheduled to begin in Anchorage, Alaska in just eight days, 

on June 25,2010. The two ^tnesses in question, Tim Cook and Stephen Camp, live and work 

in Ketchikan, Alaska. As discussed in more detail below, it typically takes seven or eight hours 

to fly from Ketchikan to Anchorage. 

Tlie FAA has arranged for these witnesses, w^o have been properly subpoenaed, to fly to 

Anchorage on June 24, However, because of the travel time involved, if they are permitted to 

testify by telephone, the witnesses must Icam no later iban June 23, six days from now, whether 

they are to travel to Anchorage or not. .Therefore, expedited consideration is warranted. 

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This morning, imdersigned counsel telephoned both Brent Cole, who is counsel for 

respondeat Smith Cable Systems, Inc. ("Smith Cable"), and Kyle Lcviae, who is counsel for the 

wimesses' employer, Alaska Airlines, and infomied them that the FAA would be making this 

motion t(»day on an expedited basis. As the certificate of service shows, each was also provided 

a copy of this motion today via &csimile. Without having seen the motion, Mr. Cole indicated 

Smith Cable would oppose it, while Mr. Lcvine said the FAA could represent that Alaska 

Airlines supports it 

The FAA therefore requests that the judge consider the FAA's motion on an expedited 

basis and rule no later than June 23,2010. 

B. Because of.the Travel Time and Potential Hardship on Alaska Airlines, the 

Witnesses Should Be Permitted to Testify Telephonicallv. 

This matter concerns hazardous materials offered as cargo to Alaska Airlines in 

Ketchikan by Smith Cable. In its answer and to date, Smith Cable has denied that its shipment, 

which it acknowledges, contained hazardous materials. 

To demonstrate that the shipment indeed did contain hazardoxu materials, the FAA 

intends to present the testimony of two Alaska Airlines cargo handlers, Mr. Cook and Mr. Camp, 

who will testify what they discovered within Smith Cable's shipment. Their testimony is central 

to the FAA's case. 

The whnesses live and work In Ketchikan, a isolated island community 750 air miles 

southeast of die hearing site in Anchorage. Alaska Airlines is the only scheduled catiier between 

Ketchikan and Anchorage'.-Hovrever, except'forolielate.anivrng direct fl^^ Alaska Airlines 

routes its daytime passengers from Ketchikan to Anchorage through Seattle, Washington.' 

' The Icmc direct flight from Ketchikan to Anchoraee, which arrivci at 9:50 p.m., «kes four hours, forty minutes. 

Smith Cable ^ftfm, InSi -• ':^' -> - " '^ '' DMS No. FAA-2009-0976 

FAA '5 Expedited Motion to Permit Telephonic Testimony page 2 

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Alaska Aii'lines online schedule confirms that just the flying time from Ketchikan to Anchorage 

typically takes six and a half to eight hours.^ 

Because of these long travel times, these wimesses will effectively have to spend one 

workday flying to Anchorage, be available to testify on a second woricday, and, unless they are 

fortunate jand catch the 12:30 p.m. flight via Seattle back to Ketchikan on the date of the hearing, 

a third workday flying back to Ketchikan. That's likely three days for each of these two 

witnesses to participate in this hearing. 

Ml". Levine has informed me that Alaska Airlines' cargo operation in Ketchikan is small 

and stands to suffer significant adverse consequences if two of its employees must each invest 

three workdays to participate in this hearing, particularly at the height of Alaska's tourism 

season. '\^^ile the FAA is prepared to present these witnesses in person, it is willing, with the 

judge's approval, to accommodate Alaska Airlines and arrange to present their testimony by 

telephone instead, 

m . Conclusion. 

For the foregoing reasons, the judge should consider the FAA's motion on an expedited 

basis and grant the FAA's request to present the testimony of Mr. Cook and Mr. Camp by 

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^ vvwur,alaskaair.cotii/ahopping/SSL/schedule.a5px 

Smith Cable Systems. Inc. DMS No. FAA-2009-0976 

FAA'S Expedited Motion to Permit Telephonic Testimony -• - Page 3 

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telephoneth 

DATED this / 7 day of June, 2010, 

HOWARD L. MARTIN, JR. 

Regional Counsel 

Ro-lo-"' f* 

Smith Cable Systems. Inc. 

FAA S Expedited Motion to Permit Telephonic Testimony 

DMS No. FAA-2009-0976 

Page 4 

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CTCRTtFICATE OF SERVICE 

Re; Smith Cable Systems, Inc. 

FAA Docket No. CPO9AL0012 

X)}AS No. FAA-2009-0976 

I HEREBY CERTIFY that on this date I have served a copy 1 of the foregoing by postageprepaid, certified mail, return receipt requested, facsimile, and email to: 

Tl:ie Honorable Richard C. Goodwin 

Administrative Low Judge 

Office of Healings, M''20 

U. S. Department of Transportation 

1200 New Jersey Avenue, S,E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

Fax: (202) 366-7536 

Email: Richard.Goodwin@dot.gov 

I HEREBY FURTHER CERTIFY that on, this date I have served the original and two copies of 

the foregoing by postage-prepaid, certified mail, return, receipt requested and facsimile to: 

FexJeral Aviation Administration 

AnN : Docket Clerk, AGC^SO 

Wilbur Wright Building - Room 2014 

800 Independence Avenue, SW 

Washington, DC 20591 

F/\X; (202) 493-5020 

I HEREBY FURTHER CERTIFY that on this date I have seived copies of the foregoing 

by postage-prepaid first-class mail and by facsimile to; 

Brent R. Cole 

Marston & Cole, P.C. 

821 N Street, Suite 208 

Anchorage, AK 99501 

Fax: (907) 277-8,002 

Kyle B. Levine 

Associate General Counsel - Commercial Law & General Litigation 

Alaska Airlines, Inc./Horizon Air Industries, Inc. 

19300 International Boulevard 

SEAZL 

Seattle, WA 98188 

F£«: (206) 39.2-5468 , 

'"•• ' " • .L : . 

Smith Cable Systems. Inc, DMS No. FAA-2009'0976 

FAA'S Expedited Motion to Permit Telephonic Testimony page 5 

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DATED: ^.^^ . /"? ^O/ O 

Federal Aviation Administration 

Office of Regional Counsel 

222 West 7th Avenue, Box 14, AAL-7 

Anchorage, AK 99513-7587 

I/-' 

Smith Cable Systems. Inc. 

FAA'S Expedited Motion to Permit Telephonic Testimor^ 

DMS No. FAA~2009-0976 

Page 6 

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