20141009Petition.pdf

Cvnrnn A. Mnuu-o PLLC
8385 W Emenru-o SrnEe"r . Borse, Ionno 83704
(2OB) 577 -57 47 . [e-mail]
October 9,2014
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20lq OCT -9 PH 12: 37
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Via Hand Delivery
Ms. Jean Jewell
ldaho Public Utilities Commission
P O Box 83720
Boise, lO 83720-0074 AL$ -T't4-c'>
Re: Use of Deposit Refunds to Assist Low-lncome Customers
Dear Ms. Jewell:
I represent Albion Telephone Company, doing business as ATC Communications
('A.TC'). ATC routinely issues deposit refunds to its customers. At times, ATC is unable to
locate the customer, and thus some of the deposits may be classified as abandoned or
unclaimed. At the current time, ATC has approximately $2,000 in unclaimed deposits which
ATC has held for more than five (5) years, which deposits are therefore presumed
abandoned. Pursuant to the ldaho Administrative Code, ATC is permitted to apply to the
ldaho Public Utilities Commission for permission to deposit such abandoned sums into a
financial assistance program to assist ATC's low income and disadvantaged customers with
the payment of their bills. (IDAPA 31.41.01.108.02) ATC has recently created such a
program to assist ATC's lifeline customers with payment of those fees not covered by
Lifeline assistance, namely with the payment of the initial connection fees. The intent of this
letter is to formally ask the Commission for approval to use the unclaimed deposits for the
purposes for which the fund was established.
The Administrative Code further provides that even if such funds are deposited into
such an account, ATC must still comply with the reporting requirements for abandoned
property set forth in ldaho Code S 14-517. Because the individual deposits are less than
$50, under the Idaho Code, they are not considered "abandoned' for purposes of the
Unclaimed Propefi Law. Thus, no report to the State of ldaho is required. However, ATC
will retain the records of ownership as to those deposits as required by ldaho Code.
lf you have any questions or require further information, please contact me at (208)
577-5747 or by e-mailat [e-mail].
Sincerely,t?k/lW,
Cc: Grace Seaman (via electronic mail)
Cynthia A. Melillo
CONSENT RESOLUTION
OF
ALBION TELEPHONE COMPANY
The undersigned, constituting all of the directors of Albion Telephone Company,
an ldaho corporation (the "Corporation"), do hereby take the following corporate action
in accordance with the general corporate laws of the state of ldaho and the constituent
documents of the Corporation:
WHEREAS, the purposes for which the Corporation was organized include
operating telephone lines and telephone stations, and to engage in any activity
necessary or convsnient to operating such business;
WHEREAS, the undersigned Directors desire to create a financial assistance
fund to be used to assist the Corporation's low-income customers, which fund is
considered necessary and convenient in the operation of the business of the
Corporation;
WHEREAS, such flnancial assistance fund shall be used to assist the
Corporation's Lifeline customers with those costs not covered by Lifeline assistance
(such as payment of connection or installation costs) or in paying all or some of a
customefs monthly recurring charges upon a showing of financial hardship or as
otherwise determined by the Board of Directors from time to time;
WHEREAS, in connection with the operation of the Corporation's business, the
Corporation accepts deposits and other funds from customers;
WHEREAS, at times, when the Corporation attempts to refund such deposits or
other funds, the Corporation is unable to locate the customer, and thus some of the
deposits may be classified as abandoned or unclalmed property under ldaho law;
WHEREAS, the undersigned Directors desire to use the abandoned or
unclaimed deposits to fund the financial assistance program.
NOW, THEREFORE, BE lT RESOLVED that the Corporation take whatever
actions it deems necessary to create the financial assistance fund, including the
opening of an account and the creation of any guidelines for distributions from the fund.
The funds shall be distributed on a first come-first serve basis and as long as there are
funds available. Customers will be eligible to receive such funds upon providing proof
that ihey have been approved for the lifeline program by the State of ldaho.
BE lT FURTHER RESOLVED that the Corporation apply to the ldaho Public
Utilities Commission from time to time for permission to use any abandoned or
unclaimed deposits for the purposes of the financial assistance fund,
CONSENT RESOLUTION - 1
Consont Resolutlon re Crgallon of FlnanclalAselstance Program v2
IN WITNESS WHEREOF, the undersigned have authorized the foregoing action
effective as of the 3d day of September 2A14.
Richard L. Redman, Director
Kyle Redman, Director
CONSENT RESOLUTION - 2
Cons€nl Regolutlon ro Croallon of FlnanclalAsslatance Program v2