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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