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UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFHCE 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 SECOND MOTION TO PERMIT TELEPHONIC TESTIMONY 

Due to the recent agreement by the parties and Alaska Airlines, Complainant Federal 

Aviarion Administration ("FAA"), through counsel, hereby moves for a second time to permit its 

two Ketchikan-based witnesses to testify in this week's heating by telephone rather than inperson, and moves for the first time to permit two witnesses that respondent Smith Cable 

Systems, Inc. ("Smith Cable") has indicated it would like to present, Todd Linne and Annie 

Afiisia, to also testify via tclephonfij ., . ,_.- . .--,-,-- ;%. 

Late yesterday, the court denied the FAA's Motion to Permit Telephonic Testimony and 

partially granted Alaska Airlines' Motion to Quash or Modify Civil Penalty Subpoenas. Qyder 

on Motions, Thai order had the ^fifict of postponing Alaska Airlines employees Stephen Camp's 

and Timothy Cook's obligation tojestify in the upgpmyig fee.ariPgjjgJ]ffi:^^^.t^04flv.The order 

was based, at least in part, on Smith Cablets prior reluctance to agree to telephonic testimony. 

Smith Cable now supports telephonic testimony. Since receiving that order, undersigned 

counsel, counsel for Smith Cable, and counsel for Alaska Airlines have agreed, subject to the 

judge's approval, to allow the FAA to present both Mr. C^am£an^_,jirji. (p.5j;tlc,yia.t,ele^^^ 

June 25, Additionally, undersigned counsel and counsel for Smith Cable have agreed, again 

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subject to tlie judge's approval, to permit Smith Cable to present both Mr. Linne and Ms. Afusia 

to testify by telephone. 

Counsel for both Smith Cable and Alaska Airlines have authorized undersigned counsel 

to represent that they support this motion. Tlierefore, in light of these agreements, the FAA 

respectftdly requests this court to grant this motion and allow each of these four witnesses to 

testify by telephone on June 25. 

DATED this ^^"Ha y of June, 2010. 

HOWARD L. MARTIN, JR. 

Regional Counsel 

•^z ^ ••/'""7 ? y y ' / 

Smith Cable Systems, ^nc. 

FAA'S Second Motion to Permit Telephonic Testimorty 

DMS No. FAA-2009-0976 

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CERTIFICATE OF SERVICE 

Re: Smith Cable Systems, Inc. 

FAA Docket No. CP09AL0012 

DMS No. FAA-2009-Q976 

I HEREBY CERTIFY that on this date I have served a copy of the foregoing by postage-prepaid, 

certified mail, return receipt requested, facsimile, and email to: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1,200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

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: 

Federal Aviation Administration 

ATTN: Docket Clerk, AGC-^30 

Wilbur Wright Building - Room 2014 

800 Independence Avenue, SW 

Washington, DC 20591 ^ 

FAX:(202)493>5020 

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

posta^ge-prepaid first-clasB mail and by facsimile to: 

Brent R. Cole 

Marston & Cole, P.C.. .-, ^ 

821 N Street, Suite 208~"-7 ' 

Anchorage, AK 99501 ' 

Fax; (907) 277-8002 

Kyle B. Levine 

Associate General Counsel - Commercial Law & General Litigation 

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

19300 InternationaJ Boulevard 

SEAZL •.,^:.:. v>^.^--,.. •,., 

Seattle, WA9gI8S' 

Fax: (206) 392-5468 

Smith Cable Systems. Ina. 

FAA'S Second Motion lo Permit Telephonic Testimony 

DMS No. FAA-2009-0976 

Pages 

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DATED: ^X.^. ^ j20/0 

Federal Aviation Admimstration / j 

Office of Re^onpl Counsel (J 

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

Anchorage, AK 99513-7587 

Smith Cable System:. Tnr r^.yo. ^ 

FAA'S Second Motion to Permit Telephonic Testimony ^ ^ ^''' ^^'^""T^/J