Prison Phone Justice

BEFORE THE
GEORGIA PUBLIC SERVICE COMMISSION
IN RE:

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.
STIPULATION

WHEREAS, on December 19, 2005, Encartele, Inc. (“Encartele”) applied for a
Certificate of Authority to provide Institutional Telecommunication Services (“ITS”); and
WHEREAS, on January 3, 2006, Pay Tel Communications, Inc. (“Pay Tel”) filed a
Complaint against Encartele alleging that Encartele was providing ITS without a certificate; and
WHEREAS, Encartele admits that, contrary to Georgia law, it provided ITS without a
certificate; and
WHEREAS, prior to the hearings in this docket, Encartele worked cooperatively with the
Staff of the Georgia Public Service Commission (“Commission”) and reorganized its
arrangement with Consolidated Telecom, Inc. (“CTI”); and
WHEREAS, the parties disagree as to whether Encartele’s proposed ENNET system
complies with existing Commission Rule 515-12-1-30(19); and
WHEREAS, the Commission has issued a Notice of Inquiry in Docket No. 23330-U to
investigate any necessary or appropriate modifications to Commission Rule 515-12-1-30(19),
regarding the requirement that ITS providers adhere to each of the certified local exchange
service companies’ Public Access Line for ITS tariffs of rates and conditions in whose area
service is provided; and
WHEREAS, in an effort to resolve the above-styled dockets, the parties to this
Stipulation have mutually agreed through compromise and settlement to the terms and conditions
set forth in this Stipulation in an effort resolve the issues set forth above; and
WHEREAS, the parties to this Stipulation believe that the terms and conditions of the
compromise and settlement set forth herein constitute a just and reasonable resolution of the
issues before the Commission in this proceeding and that the adoption of such compromise and
settlement in a Final Order is in the public interest and will represent an efficient, effective, and
responsible discharge of the Commission’s responsibilities in this matter.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties to this Stipulation agree as follows:

1.
The parties to the Stipulation agree that Encartele should be granted a certificate of
authority to provide institutional telecommunications services, under the conditions set forth
herein.
2.
Encartele agrees to pay a penalty in the amount of $10,000.00 within thirty (30) days of
the written order approving the Stipulation for providing ITS without a certificate.
3.
Encartele agrees that it will transport all ITS calls over a public access line, unless and
until the Commission modifies its existing rules to permit ITS providers to use alternative
technologies to transport calls.
4.
Encartele agrees to notify all Georgia institutions to which it provided ITS prior to
receiving a certificate that (1) it did not have a certificate when it provided ITS to the institution,
(2) that providing ITS without a certificate violates Georgia law, (3) that it has agreed to a civil
penalty in the amount of $10,000.00 as a result of this violation and (4) that, after the initiation of
these dockets, Encartele reorganized its arrangement with CTI so that CTI provided ITS to the
institution.
5.
Encartele agrees to comply with Georgia law and the rules and orders of the Commission,
and any further amendments or supplements thereto.
6.
If the Commission does not approve this Stipulation in its entirety, this agreement shall
be null and void and shall not constitute an admission, consent, or agreement by any of the
parties to this Stipulation with respect to any issue regarding this matter. The negotiation and
execution of this Stipulation is based upon the understanding and expectation by the parties to
this Stipulation that it constitutes a privileged offer of settlement and compromise. If this
Stipulation is not adopted by the Commission, the Stipulation shall not be admissible and shall
not prejudice the respective positions of the parties in any further proceedings in this docket or in
any future proceeding.

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IN WITNESS WHEREOF, the parties have executed this agreement.
FOR THE COMMISSION STAFF

____________________________________

FOR ENCARTELE, INC.

_________________________________

FOR PAY TEL COMMUNICATIONS, INC.

____________________________________

FOR CONSUMERS’ UTILITY COUNSEL
DIVISION OF THE GOVERNOR’S OFFICE
OF CONSUMER AFFAIRS

______________________________________

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