Prison Phone Justice

COMMISSIONERS:
STAN WISE, CHAIRMAN
ROBERT B. BAKER, JR.
DAVID L. BURGESS
H. DOUG EVERETT
ANGELA ELIZABETH SPEIR

DEBORAH K. FLANNAGAN
EXECUTIVE DIRECTOR
REECE MCALISTER
EXECUTIVE SECRETARY

(404) 656-4501
(800) 282-5813

IN RE:

FAX: (404) 656-2341
www.psc.state.ga.us

Docket No. 22071-U: Encartele, Inc.’s Application for Certificate of Authority to
Provide Institutional Telecommunication Services.
Docket No. 22120-U Complaint of Pay Tel Communications, Inc. against Encartele,
Inc.
RECOMMENDED DECISION
I.
BACKGROUND

On December 19, 2005, Encartele, Inc. (“Encartele” or “Applicant”) filed with this Commission
an application seeking a Certificate of Authority to provide Institutional Telecommunications Service
(“ITS”); and on January 3, 2006, Pay Tel Communications, Inc. (“Pay Tel” or “Petitioner”) filed a
Complaint with this Commission against Encartele for the latter’s provision of IYS services in Georgia
without cet9fication from this Commission to do so. On April 11, 2006, the Commission assigned both
of these matters to its hearing officer, Mr. Jeffrey Stair; and, then, on May 18, 2006, the Commission
reassigned the matters to its undersigned hearing officer. On June 6, 20006, the Commission issued an
Order consolidating the two above-referenced dockets because of the common parties, similarity and
overlap of issues and factual context. On June 12, 2006, the Hearing Officer issued a Notice of Hearing
and Procedural and Scheduling Order setting this matter down for hearing on at 1:00pm on July 14,
2006. Then, at the request of counsel for the respective parties, the hearing Officer issued an Amended
Notice of Hearing rescheduling the hearing for 10:00am on July 21, 2006. At such hearing, both parties
presented testimony and submitted documentary evidence. Subsequently, the parties filed post-hearing
briefs and reply briefs in accordance with a extended briefing schedule revised at the request of counsel
for the parties and permitted by the hearing officer. After the filing of briefs and before the hearing
officer had rendered a decision, the parties and the Commission Staff advised the hearing officer that
they were conducting settlement negotiations and requested that no recommended order be issued until
such negotiations were completed.
FINDINGS OF FACT
On November 20, 2006, a Stipulation consented to by the Commission Staff, the Consumers’
Utility Counsel Division of the Governor’s Office of Consumer Affairs, Encartele and Pay Tel was filed
with the Commission either settling all disputed factual and legal issues in this case or agreeing to await
the outcome of a pending Commission Notice of Inquiry in Docket No. 23330-U before disputing
further as to Commission regulation of ITS and technologically innovative services under Utility Rule
515-12-1-30(19). A copy of such Stipulation is attached hereto as Attachment A to this Order and is

hereby incorporated herein by reference and made a part of this Order as if fully set forth herein.
Specifically, the parties agree and the Commission finds that Encartele possesses the technical and
financial capabilities to provide ITS services in Georgia in accordance with the laws and regulations of
this Commission. Further, in settlement of the disputed issues in this case, Encartele agreed to pay a civil
penalty of $10,000.00 in total satisfaction of all prior alleged statutory and regulatory violations and
further agrees in the future to comply with all applicable provisions of Georgia law and the rules and
regulation of this Commission; and it is the finding of the Commission that Encartele has the willingness
and ability to do so.
Upon approval by the Commission, such Stipulation shall become binding on the parties and the
law of the case in this proceeding; and Commission failure to approve the Stipulation shall by its terms
render the Stipulation null and void; and, absent such Commission approval, such Stipulation shall not
be admissible as evidence in any future proceedings before this Commission.
III.
DISCUSSION AND CONCLUSIONS OF LAW
The issues in this proceeding were whether or not, under applicable statutes and Commission rules and
regulations, Encartele had provided ITS service in Georgia without authority from the Commission and,
if so, what sanctions should be imposed and whether such provision of service without authority
disqualified Encartele from receiving a Certificate of Authority. Based on the evidence of record, it is
clear Encartele has the technical and financial capability to provide ITS services in Georgia., that its
application should, therefore, be granted and that the Complaint of Pay Tel should be dismissed upon
Encartele’s payment of the $10,000.00 civil penalty in accordance with this Order.
IV.
ORDERING PARAGRAPHS
The Hearing Officer certifies the record in this docket to the Commission and issues this
recommendation pursuant to O.C.G.A. 46-2-58(d) and 50-13-17(a). Based upon the evidence and the
negotiated consent agreement of the parties, the Hearing Officer recommends that the Commission
WHEREFORE, IT IS:
ORDERED, that, as a civil penalty for providing ITS service without certification from this
Commission, Encartele shall pay top the Commission the sum of $10,000.00 in Georgia within thirty
(30) days of the date of this Order. .
ORDERED FURTHER, that, upon payment of said civil penalty, the Complaint of Pay Tel in
this proceeding be, and hereby is, Dismissed, and the Application for a Certificate of Authority by
Encartele be, and hereby is, granted, and such Certificate shall be issued to Encartel’s satisfactory
qualification therefore in accordance with the Commission’s rules.

Docket Nos. 22071-U and 22120-U
Encartele v. Pay Tel
Page 2 of 3

ORDERED FURTHER, that all findings, conclusions and decisions contained within this
Order are hereby adopted as findings of fact, conclusions of law, and decisions of this Commission.

ORDERED FURTHER, that any motion for reconsideration, rehearing or oral argument, or
any other motion, shall not stay the effectiveness of this Order unless otherwise ordered by the
Commission.
ORDERED FURTHER, that jurisdiction over this matter shall be retained for the purpose of
entering such further Order or Orders as the Commission may deem just and proper.

SO RECOMMENDED, this 29th day of November, 2006.

_____________________________
John P. Tucker
Hearing Officer
(404) 463-0882/jtucker@psc.state.ga.us

Docket Nos. 22071-U and 22120-U
Encartele v. Pay Tel
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