Prison Phone Justice

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. STATEOFVERMONT
PUBLIC SERVICE BOARD

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Exhibit

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Docket No. 6373
Investigation into the rates charged by Sprint Communications
'l Company, L.P. for provision oftelephone services to the
i ,Northwest State Correctional Facility in Swanton, Vermont
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Order entered:

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ORDER OPENING INVESTIGATION '
AND NOTICE OF HEARING

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INTRODUCTION

Today, at the request oHvfr. Kirk Wool, fomlerly an inmate at the Northwest State
Correctional Facility in Swanton, Vermont, the Vermont Public Service Board ("Board")
commences an investigation in accordance with 30 V.S.A. Sections 203,208,209,218,225 and
227, into rates charged by Sprint Communications Company, L.P. ("Sprint") for inmate
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telephone services in the Northwest State Correctional Facility in Swanton, Vermont, pursuant to

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;: a contract with the Vermont D epartment. of Corrections ("DOC") dated March 9, 1993.

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In this proceeding, the Board will investigate) whether the rates and charges paid by

p.ltih'a~ for inmate telephone service fro~ May 24, 19.93 throu~ March 30, 1995 were just and

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reasonable for servIces and rates reflected III Spnnt's tanff effectIve at that tIme.

BACKGROUND

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On June 28, 1995, PetiBoner filed a complaint with the Board alleging Sprint's rates for
the provision of inmate telephone services in the Northwest State Correctional Facility were
unreasonably exorbitant. The Complaint was fonvarded to the Vermont Department of Public
Service's Consumer Affairs Division ("DPS") for investigation on July 10, 1995. After
conducting an investigation into the matter, the DPS notified

P~~i~~er by letter dated March 11,

1996, that it w'as closing its investigation due to lack ofDPS jurisdiction over correctional
facility phone systems.

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\,On September 10, 1998, Petitioner filed his renewed complaint directly with the Board,
pursuant to 30 V.S.A.§ 208, requesting the Board open an investigation into the matter.

Pet~f;~?s renewed complaint alleges (1) Sprint was providing local exchange service without
Board authorization as a local exchange carrier; (2) the "system assessment fee" charged to
inmates in lieu of operator assisted station-to-station rates did not represent approved tariffed

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Docket No. 637,3

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rates or services; (3) the rates charged for inmate telephone service were unreasonable and
exorbitant; and (4) the Board, not the DOC, has the legal authority to set rates and approve tariffs
. .m V ermont. P etltIOner
\~\:t"-.IS seek·mg relm
. b ursement fior th e portIOn
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fior te Iephone servIces
, charges for telephone calls utilizing Sprint's inmate telephone system from May 24, 1993
through March 30, 1995, which he believes to be unreasonable and exorbitant.

In connection with the question as to DOC's jurisdictional authority over telephone rates
. charged to inmates raised by Pe1i\io'ii-er, we note that 28 V.S.A. § 802a(b), adopted in 1996,
seems to indicate the DPS has the authority to set rates for local and long distance access '
, provided by the DOC to inmates. Therefore, in addition to the other issues raised by Pe~~i~~r
and outlined above, we would like the parties to be prepared to address the issue of whether the
Board has jurisdiction over the rates charged to the P~~ti~er during the period from May 24,
1993 through March 30, 1995 in connection with the provision of inmate telephone services. We
also note that this case may be appropriate for final resolution by the Hearing Officer pursuant to

oV.S.A.§ 8(f).
ORDER

IT Is HEREBY ORDERED, ADJUDGED AND DECREED by the Public Service Board of the
State of Vermont that:
1. Pursuant to Title 30 of the Vermont Statutes Annotated, and in particular pursuant
to Sections 203, 209,218, and 227, an investigation is hereby instituted into the rates and charges
for telephone services provided by Sprint Communications Company, L.P. to the Northwest
State Correctional Facility in Swanton, Vermont, under contract with the Vermont Department of
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Corrections dated March 9, 1993.
2. Pursuant to 30 V.S.A. § 8, Gregg Faber, Utility Analyst, is appointed as Hearing
Officer in this docket.
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3. A prehearing conference will be conducted by the Hearing Officer, pursuant to
30 V.\~. §§ 8 arid 1O(c), commencing at 10:00 AM, on Tuesday, May 23,2000, at the Public
Service Board Hearing Room, Third Floor, Chittenden Bank Building, 112 State Street,
Montpelier, Vermont.

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Docket No. 6373

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DATED at Montpelier, VelTIlont, this --=.1=3t=h>--__day of April, 2000.

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sf Michael H. Dworkin

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PUBLIC SERVICE

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BOARD
OF VERMONT.

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A true copy: .

APz=:

OFFICE OF THE CLERK

FILED:

ArrEST:
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Clerk oftl1e&ard

NOTICE TO READERS: This decision is subject to revision o/technical errors. Readers are requested to
notify the Clerk 0/ the Board (bye-mail, telephone, or in writing) of any technical errors, in order that any
necessary corrections may be made. (E-mail address:Clerk@psb.state.vt.us).

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