Wutc v At&t Wa Ord to Produce Records Over Billimg Collect Phone Calls From Correctional Facilities 2006
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[Service Date July 13, 2006] BEFORE THE WASHINGTON STATE UTILITIES AND TRANSPORTATION COMMISSION ) ) ) ) ) Complainant, ) ) v. ) ) AT&T COMMUNICATIONS OF THE PACIFIC NORTHWEST, INC., ) ) ) Respondent. ) .............................. ) WASHINGTON UTILLITIES AND TRANSPORTATION COMMISSION, DOCKET UT-060962 ORDER 01 ORDER TO PRODUCE RECORDS (By August 15, 2006) BACKGROUND 1 On October 18, 2005, the Washington Utilities and Transportation Commission (Commission) opened an informal investigation into the business and operating practices of AT&T Communications of the Pacific Northwest, Inc. (AT&T or “Respondent”). The investigation by the Commission’s regulatory staff (Commission Staff or Staff) focused on AT&T’s charging improper rates for collect calls made from correctional facilities. AT&T does not dispute that it charged improper rates for these calls. When Commission Staff requested records of the improperly billed calls and the customers who were improperly billed, AT&T stated that it no longer had those records in its possession as those records were transferred to another company: AT&T’s third party billing agent, Zero Plus Dialing Inc. or Global Tel*Link Corporation. 2 From the information gathered during the informal investigation, AT&T appears to have violated the provisions of RCW 80.04.070, which authorizes the Commission and Staff to inspect the accounts, books, papers, and documents of any public service company. It also appears that AT&T has violated WAC 480-120-349, which requires DOCKET UT-060962 ORDER 01 PAGE 2 public service companies to retain and preserve certain records and reports. This rule further requires AT&T to follow the retention requirements of Title 47, Code of Federal Regulations, Part 42. FINDINGS OF FACT 3 (1) RCW 80.04.070 authorizes the Commission and Commission Staff to inspect the accounts, books, papers, and documents of any public service company. WAC 480-120-349 requires public service companies to retain and preserve certain records and reports. 4 (2) The Commission finds it necessary to conduct an investigation under this statute in order to carry out the duties imposed on it by law, to investigate the books, accounts, practices, and activities of AT&T. ORDER THE COMMISSION ORDERS: 5 AT&T will deliver, or cause to be delivered, to Carole Washburn, Executive Secretary, 1300 S. Evergreen Park Drive S.W., P.O. Box 47250, Olympia, Washington 98504, by 5:00 PM PDT, August 15, 2006, the following: 6 (1) A list of all Washington customers that were improperly billed by AT&T, or on behalf of AT&T (e.g., by Zero Plus Dialing Inc. or Global Tel*Link Corporation), for correctional facility collect calls made during March, April, May, and June 2005. The list must include the customers’ names, addresses, telephone numbers, and all charges related to the improperly billed collect calls made from correctional facilities. 7 (2) A list of all Washington customers that received a refund or a credit from AT&T for the improperly billed calls by AT&T, or on behalf of AT&T, for correctional facility collect calls made during March, April, May, and June 2005. The list must include the customers’ names, addresses, telephone DOCKET UT-060962 ORDER 01 PAGE 3 numbers, and any refunds or credits related to improperly billed collect calls made from correctional facilities. DATED at Olympia, Washington, and effective July 13, 2006. WASHINGTON STATE UTILITIES AND TRANSPORTATION COMMISSION DENNIS J. MOSS Administrative Law Judge