200405041st Request of OCMC to Staff.pdf

ORIGINAL
RECEIVED
DEAN J. MILLER (lSB No. 1968)
McDEVITT & MILLER LLP
420 WEST BANNOCK STREET
BOISE, ID 83702
Tele: [phone]
Fax: [phone]
Attorneys for aCMe. Inc.
rlj r:n, 'C.
- '--~
2004 Hi; Y - 1+ PM3:: 3
iiD PUBLIC
UTILiTIES COt1MISSION
IN THE MATTER OF THE STAFF'S PETITION
TO INITIATE A COMMISSION INVESTIGATION
TO DETERMINE IF OCMC, INC. VIOLATED
THE TERMS OF ITS PRICE LIST AND THE
COMMISSION'S OPERATOR SERVICES AND
PAY TELEPHONE RULE 104.04.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. GNR- T -04-
OCMC's FIRST DISCOVERY
REQUESTS TO
COMMISSION STAFF
OCMC, Inc. ("OCMC") hereby requests that the Commission Staff ("Staff') provide the
following information and answer the following questions. Each Request incorporates fully by
reference each and every Instruction and Definition as if set forth fully therein. Any questions
comments, or objections to said Requests should be directed as soon as feasible to the
undersigned counsel in order to expedite the discovery process. In addition, please state the
name and address of the person preparing the response to each request.
INSTRUCTIONS
1. In answering each Request, state the text of the Request prior to providing the response.
Each Request and applicable response should be on a separate page. Each Request is
continuing in nature. Thus, if Staff acquires or discovers additional or different
information with respect to a Request after the Request has been initially answered, Staff
is required to supplement its response immediately following the receipt of such
additional or different information, giving the additional or different information to the
same extent as originally requested.
2. To the extent that Staff asserts that any requested information is not relevant or not
material to any issue in the above-captioned matter, Staff, in its written response hereto
should indicate a specific basis for said assertion in the context of any issues arising in
this proceeding.
3. To the extent any requested document cannot be provided in full, it shall be provided to
the extent possible, with an indication of what document or portion of what document is
being withheld and the reasons for withholding said document.
OCMe's FIRST DISCOVERY REQUESTS TO COMMISSION STAFF-
4. For each Request answered, provide the name of the person or persons answering, the
title of such persons and the name of the witness or witnesses who will be prepared to
testify concerning the matters contained in each response or document provided. Staff
shall provide all responses under oath.
DEFINITIONS
I. "Staff' refers to Commission Staff, its subsidiaries, affiliates, predecessors, successors
officers, directors, agents, employees, and other persons acting in its behalf.
2. "Commission" refers to the Idaho Public Utilities Commission.
3. "Identify" means as follows:
(a) when used in reference to an individual, to state his full name and
present or last known residence address and telephone number, his present or
last known position and business affiliation, and his position and business
affiliation at the time in question;
(b) when used in reference to a commercial or governmental entity, to
state its full name, type of entity (e.corporation, partnership, single
proprietorship), and its present or last known address;
(c) when used in reference to a document, to state the date, author, title
type of document (e.letter, memorandum, photograph, tape recording, etc.
and its present or last known location and custodian;
(d) when used in reference to a communication, to state the type of
communication (i.letter, personal conversation, etc.), the date thereof, and
the parties thereto and, in the case of a conversation, to state the substance
place, and approximate time thereof, and identity of other persons in the
presence of each party thereto; and
(e) when used in reference to an act, to state the substance of the act, the
date, time, and place of performance, and the identify of the actor and all other
persons present.
4. The term "document" as used in the Requests contained herein is used in its customary
broad sense, and includes, without limitation, any kind of printed, recorded, written
graphic, or photographic matter and things similar to any of the foregoing, regardless of
their author or origin. The term specifically includes reports, studies, statistics
projections, forecasts, decisions and orders, intra-office and inter-office communications
correspondence, memoranda, financial data, summaries or records of conversations or
interviews, statements, returns, diaries, workpapers, graphs, sketches, computer printouts
summaries or reports of investigations or negotiations, opinions or reports of consultants
photographs, brochures, bulletins, pamphlets, books, articles, advertisements, circulars
press releases, graphic records or representations or publications of any kind (including
microfilm, videotape and records, however produced or reproduced), electronic
mechanical and electrical records of any kind (including, without limitation, tapes, tape
cassettes, disks and records), other data compilations (including, without limitation
input/output files, source codes, object codes, program documentation, computer
programs, computer printouts, cards, tapes, disks and recordings used in automated data
processing together with the programming instructions and other material necessary to
OCMCs FIRST DISCOVERY REQUESTS TO COMMISSION STAFF-2
translate, understand or use the same), all drafts, prints, issues, alterations, modifications
changes and amendments to the foregoing, and all other documents or tangible things of
whatever description that constitute or contain information within the scope of a Request
that are in the possession of Staff. A Request seeking the identification or production of
documents addressing, relating or referring to, or discussing a specified matter
encompasses documents having a factual, contextual, or logical nexus to the matter, as
well as documents making explicit or implicit reference thereto in the body of the
documents. Originals and duplicates of the same document need not be separately
identified or provided; however, drafts of a document or documents differing from one
another by initials, interlineations, notations, erasures, file stamps, and the like shall be
deemed to be distinct documents requiring separate identification or production.
5. "Communication" shall mean any transmission of information by oral, graphic, written
pictorial, or otherwise perceptible means, including, but not limited to, telephone
conversations, letters, telegrams, and personal conversations. A Request seeking the
identity of a communication addressing, relating or referring to, or discussing a specified
matter encompasses documents having factual, contextual, or logical nexus to the matter
as well as communications in which explicit or implicit reference is made to the matter in
the course of the communication.
6. The unqualified term "" shall be construed either conjunctively or disjunctively to bring
within the scope of these Requests any matters that might otherwise be construed to be
outside their scope.
7. The unqualified term "person shall mean an individual, corporation, partnership,
unincorporated association or other business or governmental entity.
8. The term indicates illustration by example, not limitation.
9. OSP or OSPs means a company or entity that is an Operator Service Provider as that term
is defined by IDAPA 31.51.005.06 and that is registered with the Commission to provide
service in Idaho.
REQUESTS FOR ADMISSION
Request for Admission No.1: Please admit that Exhibit A attached hereto is a true copy
of Order No. 28476, in Case No. GNR-00-27.
Request for Admission No.2: Please admit that after the noticed workshop on
Wednesday September 27 2000, the Commission did not issue any further Orders or Notices in
Case No. GNR-00-27.
Request for Admission No.3: Please admit that after the September 27 2000 workshop
no further workshops or hearings were conducted in Case No. GNR-00-27.
OCMCs FIRST DISCOVERY REQUESTS TO COMMISSION STAFF-
Request for Admission No.4: Please admit that Exhibit B attached hereto is a true copy
of the Notice of Proposed Rulemaking issued by the Idaho Department of Administration in
Docket No. 31-5101-0101.
Request for Admission No.5: Please admit that Exhibit C attached hereto is a true copy
of a letter from Wayne Hart, Telecommunications Analyst to Laura Clore, Regulatory Manager
OCMC.
INTERROGATORIES
Interrogatory No.1: Please describe each and every step or action taken by
Commission Staff to notify, either orally or in writing, OSPs of the results ofthe September 27
2000 workshop.
Interrogatory No.2: Please describe each and every step or action taken by
Commission Staff to notify, either orally or in writing, OSPs of the initiation of Idaho
Department of Administration Docket No. 31-5101-0101.
Interrogatory No.3: Following final publication of Rule 104.04 please describe each
and every step or action taken by Commission Staff to notify OSPs of the adoption of said rule.
Interrogatory No.4: Following final publication of Rule 104.04 please described each
and every step or action taken by Commission staff to educate and inform OSPs of the new
requirements imposed by Rule 104.04.
Interrogatory No.5: Please describe each and every "multiple notices and opportunities
for public comment" referenced in Exhibit C.
Interrogatory No.6: Please explain the legal authority which enables Staff to require a
full refund or credit to customers who complained to the Commission.
Interrogatory No.7: Please state each and every fact, whether or not admissible in
evidence, supporting the assertion that a collect call customer, if notified of the charges in
advance, would decline to accept the call.
REQUESTS FOR PRODUCTION
Request for Production No.1: Please provide each and every written document
described in your answer to Interrogatory No.
Request for Production No.2: Please produce each and every document described in
your answer to Interrogatory No.
Request for Production No.3: Please provide each and every document identified in
your answer to Interrogatory No.
OCMCs FIRST DISCOVERY REQUESTS TO COMMISSION STAFF-
Request for Production No.4: Please provide each and every document identified in
your answer to Interrogatory No.
Request for Production No.5: Please produce each and every document constituting
the "multiple notices and opportunities for public comment" other than Exhibits A and B that are
attached hereto.
Request for Production No.6: Please produce each and every document relating to the
complaint described on pages one and two of the Direct Testimony of Marge Maxwell.
Request for Production No.7: Please produce the correspondence from Commission
Staff to Respondent described on page 11 of the direct testimony of Wayne Hart.
Request for Production No.8: Please produce each and every document relating to
complaints described on pages 17 and 18 of the Direct Testimony of Wayne Hart.
Request for Production No.9: Please produce each and every IPUC order approving or
requiring payment of a civil penalty from January 1 , 1995 until the present.
Request for Production No. 10: Please produce the Staff Working File in connection
with its investigation of this matter.
Request for Production No. 11: Is Staff aware of any studies or reports examining the
effect on consumer behavior of disclosure rules similar to Rule 104.4? If so, please provide
copies of any such studies or reports.
Request for Production No. 12: Please provide all workpapers with respect to the
formulas described on page 24 line 16 of the Direct Testimony of Wayne Hart.
Dated this day of May, 2004.
OCMC, Inc.
BY:\JlL
Dean J. Miller
Attorneys for aCMC, Inc.
OCMCs FIRST DISCOVERY REQUESTS TO COMMISSION STAFF-
CERTIFICATE OF SERVICE
;.1 certify t
~at the original and two copies of the foregoing document were delivered on
May =--, 2004, to.
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
q~~t 1//
OCMCs FIRST DISCOVERY REQUESTS TO COMMISSION STAFF-
I:.
EXHIBIT A
Office of the Secretary
Service Date
Augu'St 24, 2000
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF PROPOSED REVISIONS
TO COMMISSION'S OPERATOR SERVICES
AND PAY TELEPHONE RULES (IDAP A
31.51.01.000 ET SEQ).
CASE NO. GNR- T -00-
NOTICE OF PUBLIC
WORKSHOP AND
NEGOTIATED R ULEMAKIN G
ORDER NO. 28476
On its own Motion, the Commission initiates this proceeding to examine what
changes need to be made to its Operator Services and Pay Telephone Rules, IDAP
31.51.01.000 et seq. to accommodate recent changes to federal law. Therefore, the Commission
is initiating an informal negotiated rulemaking designed to elicit meaningful discussion among
Staff, those affected by the rules and the public.
NOTICE OF PUBLIC WORKSHOP
YOU ARE HEREBY NOTIFIED that the Commission will convene an informal
public workshop to examine what changes need to be made to the Commission Operator
Services and Pay Telephone Rules, IDAPA 31.51.01.000 et seq. to accommodate recent changes
to federal law. The workshop will commence at 10:00 A.M. ON WEDNESDAY,
SEPTEMBER 27, 2000, IN THE COMMISSION'S HEARING ROOM, 472 WEST
WASHINGTON STREET, BOISE, IDAHO, [phone]. The workshop will provide an
opportunity for utilities, the Commission Staff, and others to discuss changes that should be
made to the Commission Operator Services and Pay Telephone Rules, IDAPA 31.51.01.000
seq. to accommodate recent changes to federal law. All utilities and interested persons are
encouraged to attend and participate in the public workshop scheduled in the body of this Order.
YOU ARE FURTHER NOTIFIED that the Commission encourages utilities and
other interested members to participate in the public workshop scheduled in the body of this
Order.
NOTICE OF PUBLIC WORKSHOP
AND NEGOTIATED RULEMAKING
ORDER NO. 28476 Case No. GNR-04-
aCMes 1st Discovery
Exhibit A-Page 1 of 3
YOU ARE FURTHER NOTIFIED that persons desiring to continue to participate in
this case for the purpose of receiving comments, testimony or any other documents filed by other
persons or Commission Orders or further notices issued by the Commission in this case, must
notify the Commission Secretary in writing that they desire to be placed on a service list to
receive comments, Orders, and Notices in this proceeding no later than fourteen (14) days
from the service date of this Order. The Commission Secretary shall then publish a Notice of
Parties.
YOU ARE FURTHER NOTIFIED that all hearings in this matter will be held in
facilities meeting the accessibility requirements of the Americans with Disabilities Act. Persons
needing the help of a sign language interpreter or other assistance of the kind that the
Commission is obligated to provide under the Americans with Disabilities Act in order to
participate in or to understand the testimony and argument at a public hearing may ask the
Commission to provide a sign language interpreter or other assistance at the hearing. The
request for assistance must be received at least five (5) working days before the hearing by
contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (TELEPHONE)
[phone] (TEXT TELEPHONE)
[phone] (FAX)
ORDER
IT IS HEREBY ORDERED that a public workshop be convened as set out in the
body of this Order to determine what changes need to be made to the Commission Operator
Services and Pay Telephone Rules, IDAPA 31.51.01.000 et seq. to accommodate recent changes
to federal law. Utilities and other interested persons are encouraged to attend.
NOTICE OF PUBLIC WORKSHOP
AND NEGOTIATED RULEMAKING
ORDER NO. 28476 Case No. GNR-O4-
OCMC's 1st Discovery
Exhibit A-Page 2 of
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of August 2000.
DENNIS HANSEN, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
PAUL KJELLANDER, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
0:\31-5101-000 1-pucnotice - cc
NOTICE OF PUBLIC WORKSHOP
AND NEGOTIATED RULEMAKING
ORDER NO. 28476 Case No. GNR-O4-
OCMC's 1St Discovery
Exhibit A-Page 3 of
EXHIBIT B
IDAPA 31 - PUBLIC UTILITIES COMMISSION
31.51.01 - OPERATOR SERVICES AND PAY TELEPHONE RULES
DOCKET NO. 31-5101-0101
NOTICE OF PROPOSED RULEMAKING
AUTHORITY: In compliance with Section 67-5220(1), Idaho Code, notice is hereby given of the Public Utilities
Commission s proposed rulemaking. This action is authorized pursuant to Sections 61-507, 62-601, and 62-622(5),
Idaho Code.
PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be scheduled only if
requested in writing by twenty-five (25) persons, political subdivision, or an agency, no later than July 18 2001.
The hearing site will be accessible to persons with disabilities. Requests for accommodations must be made no later
than five (5) days prior to the hearing, to the Commission s address set out below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance and purpose of the
proposed rulemaking:
The Commission s Operator Services and Pay Telephone Rules were last updated in 1993. The Commission proposes
to amend these rules so that they are consistent with recent changes in federal law and Federal Communications
Commission ("FCC") Orders. See generally, In the Matter of Implementation of the Pay Telephone Reclassification
and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, Order No. 96-388
(September 20, 1996). Other changes were proposed so that these rules are in compliance with the Americans with
Disabilities Act, 42 US.C. Section 12101 et seq. (September 22, 2000) and the Americans with Disabilities Act
Accessibility Guidelines for Buildings and Facilities, 36 c.ER Part 1191, Appendix A (July 1 , 2000). Finally, the
Commission is proposing to make several non-substantive changes to clarify and streamline these rules. These
changes were agreed upon by the parties to this negotiated rulemaking. Thus, the Commission has deleted obsolete
and redundant material and added several terms and abbreviations that are consistent with terms and abbreviations
used by the FCC in its payphone orders.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.0811 , informal negotiated rulemaking was
conducted. The Commission held a public workshop to discuss possible changes to these rules on September 27
2000. At the workshop changes were agreed upon by the participating parties and persons.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance
on technical questions concerning the proposed rule, contact Joe Cusick, Telecommunications Section Supervisor at
(208)-334-0333.
Anyone may submit written comments regarding these proposed rules. All written comments must be directed to the
undersigned and must be delivered on or before July 25 2001.
DATED at Boise, Idaho this 23rd day of May, 2001.
Jean D. Jewell
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho
IDAHO ADMINISTRATIVE BULLETIN Page 79 July 4, 2001 - Vol. 01-
Case No. GNR-O4-
aCMes 1st Discovery
Exhibit B-Page 1 of 8
PUBLIC UTILITIES COMMISSION
Operator Services and Pay Telephone Rules
Docket No. 31-5101-0101
Proposed Rules
THE FOLLOWING IS THE TEXT OF DOCKET NO. 31-5101-0101
f,J00. LEGAL AUmORITY (Rule 0).
These rules are adopted under the genemllegal authority of the Public Utilitie~ Law, Chapters 1 through 7, Title 61
Idaho Code, and the Telecommunications Act of 1988, Chapter 6, Title 62, Idaho Code, and the specific authority of
Section~ 61-129.61-301 61-302 61-303,61-315 61-503,61-507, 61 520 62-606,62-612 and 62-616, Idaho Code
with regard to service. (7 1 93)L-.)
(BREAK IN CONTINUITY OF SECTIONS)
003. ADMINISTRATIVE APPEALS (Rule 3).
This rule governs considemtion of exemptions and complaints under these rules. Any person requesting and receiving
an infonnal Commission Staff detennination with regard to an exemption or complaint may fonnally or infonnally
request the Commission to review the Commission Staff's detennination. (7-93)
01.
these rules.
Exemptions From Rules. This subsection governs procedure for requests for exemptions from
(7-93)a. Any operator service provider aSp"pa~ 1€1epJume service provider PSP", telephone
company, or customer may infonnally request an exemption from any provision orthese rules for a specific person or
persons by writing the Commission s conswner assistance staff at the Idaho Public Utilities Commission, Statehouse,
Boise, Idaho 83702-6000, or by telephoning the Commission s Conswner Assistance Staff at 334-0369 (Boise area)
or 1 [phone] (out of Boise calling area). Any such person may in writing or by telephone request the
Commissioners to infonnally or fonnally review the Staff's decision. b. Any 8pClY1tal' sCF.liee pl"B-ddcr asp ptly telephant: pI"B-.ida PSP telephone company, or customer
may fonnally petition the Commission for an exemption pursuant to the Commission s Rules of Procedure, IDAPA
31.01.01.000 et seq. (7 1 93)L-.)c. Any apel'-affir se,.vice pm'Ark,. asp pay relephane plY'r.;iriet. PSP or telephone company requesting
an exemption for all of its customers must fonnally petition the Commission pursuant to the Commission s Rules of
Procedure, IDAPA 31.01.01.000 et seq.
02. Complaints. Any apCl'tltal' sCi"'"ice prtniricr asp ptty tclcphant: plvwiriet' PSP telephone company,
or customer may file complaints under these rules. This paragraph governs procedure for filing complaints under
these rules. (7 1 93)L--)a. Any ape/wia,. service pro\liriCl' asp. pay (elephant: p/'a'y'iricr PSP.telephone company, or customer
may file an infonnal complaint under any provision of these rules concerning a specific provider, company or
customer by writing the Commission s conswner assistance staff at the Idaho Public Utilities Commission
Statehouse, Boise, Idaho 83702-6000, or by telephoning the Commission s Conswner Assistance Staff at 334-0369
(Boise area) or 1 [phone] (out of Boise calling area). Any such person may in writing or by telephone request
the Commissioners to infonnally or fonnally review the Staff's decision. fI--l-94fL-jb. Any apCf'tttar service pt"ffi:itkr asp pay tclcphane providei' PSP telephone company, or customer
may file a fonnal complaint under these rules with the Commission pursuant to the Commission s Rules of
Procedure, IDAPA 31.01.01.000 et seq.
(BREAK IN CONTINUITY OF SECTIONS)
IDAHO ADMINISTRATIVE BULLETIN Page 80 July 4 2001- VoL 01-
Case No. GNR-T-O4-
OCMC's 1st Discovery
Exhibit B-Page 2 of
PUBLIC UTILITIES COMMISSION
Operator Services and Pay Telephone Rules
Docket No. 31-5101-0101
Proposed Rules
005.DEFINITIONS (Rule 5).
01. Fax MachinelPay Telephone. "Fax Machine/Pay Telephone" means a facsimile (fax) machine
which pennits pay telephone service only in conjunction with the use of the fax machine and does not generate a
separate charge for the telephone call. The transmission of a fax document is not considered to be a Pay Telephone
a Pt"ivatcly O~~1ied Pay Tckpholtc service under these rules. fl--J--94f!-J
02. Local Exchange Company e,LEC:). A Local DWtumge c8fnpany " (LECf: is the telephone
corporation (if any) providing local exchange service to an asp customer s telephones or to a pay telephone.
03. MTS Company Or Interexchange Carrier. "MTS company" or "interexchange carrier" means atelephone company providing MTS service. (7-93)
04. Message Telecommunications Service e,MTS:). "MTS" (commonly known as "long-distance
service ) means the transmission of two (2) way interactive switched voice communication between local exchange
areas for which charges are made on a per-unit basis and wide area telecommunications service ("WATS") or its
equivalent. (7 93)L-J
05. Operator And Directory Assistance Services. "Operator and directory assistance services (or
operator services)" are any telecommunications services that include, as a component, any automatic or live
assistance to a telephone caller to arrange for billing or completion, or both, of a telephone call. They include, but are
not limited to, intercept, call completion and assistance, and directory assistance services, whether local, MTS, orboth. (7-93)
06. Operator Service Provider e,OSP:). An Opcrtltor Service ~1'811ider
('~
aSPf" (sometimes
re/€rrcJ to as "Altcfflati';e Operator SCf'Viccs (AGS) " when the ~SP is not a Loctll EJtChangc Co1fiptmy (LEC) or
Mcssage Tckoommltnications Scn'icc (UTE) company)is a company that furnishes various automated or live
operator or directory assistance services that ,~tn'e tt'tlditionally bccn pl"8\:idcJ by LECs and AT&T. GSPs inchtde
LECs, UTS Ctmzpallies and AOSs asps may contract with call aggregators (e., hotels, motels, hospitals, colleges
airports pri'aff; pay telephone 8wners PSPs)that collect and route calls made by telephone callers to the asp. asps
may lease telephone lines that transmit the telephone user s call from the call aggregator to the asP's facilities. asps
furnish operator services such as collect, person-to-person, third-party billed and calling card calls.
07. OSP Customer. "asp customer" is a call aggregator i.e., any person not an institution of
confinement as defined in Rule 300 who, in the ordinary course of its operations, makes telephones available to the
public or to transient users of its premises for telephone calls using a provider of operator services. Hotels, motels
hospitals, colleges, airports, and pl'iWLte pay telephone PSP owners that collect and route calls by telephone callers to
an asp and that contract with an asp or receive operator services from a LEC are examples of call aggregators andasp customers. asp customers own or exercise control over telephone instruments. Local CJec.~ange campanics are
nat asp cltStomcrs or call ttggl'egators under thcsc rnlcs.
08. Pay Telephone. "Pay Telephone or payphone means a telephone instrument that requires coin,
collect, third-party billing or credit/calling cards in order to complete local or toll calls, including fax machines that
can be used to complete standard, non-fax related local and long distance calls for which there is a separate charge. A
pay telephone made available to inmates of an institution of confinement as defined in Rule 300 is not included in this
definition of "Pay Telephone fl--J--94f!-J
09. Pri)Yltely (J,Wleti At, 'kllJJf.'IlJIIC. "Pri',Jatcly Owned Pay Tclcph8nc" means a pay telephone that is
nat o'lIned by' t,~e lacal CJechangc company; inchtding ftlX machincs that can bc li-scd to oomplete standm-d, non .tax
related lacal anti long distance calls far whic.~ t,~crc is a separate charge. A pay k:lcp'~8ne made a'y'ailablc t8 inmates
of an institlitit'Jn tlf canfinCfflent as defined in Rule 300 is nat included in this dtfiniti8n tlf "a)" Tckphane
Payphone Service Provider. Payphone Service Provider ("PSP") is a provider who provides public pay telephones.
the provision of inmate tel~hone service in COlTectional institutions. and any ancillary services.fl--1-94jL-J
1.D..
payphone.
Public Access Line. Public Access Line ("PAL") is a line that is tariffed to be attached to aL-J
IDAHO ADMINISTRATIVE BULLETIN Page 81 July 4, 2001- VoL 01-
Case No. GNR-O4-
OCMC's 1st Discovery
Exhibit B-Page 3 of
PUBLIC UTILITIES COMMISSION
Operator Services and Pay Telephone Rules
Docket No. 31-5101-0101
Proposed Rules
181. Telephone Caller. "Telephone caller" or "telephone user" is a person (other than a person calling
from an institution of confinement as defined in Rule 300) who originates or attempts to originate any telephone callusing operator services or from a pay telephone. (7-93)
lI-1,. Ten ,HX Zero Plus (10lXXXX 0+). "01XXXX " represents the digits dialed by a
caller to access the carrier of the caller s choice for a collect, credit card, calling card, debit card or other means ofnon-sent paid call.
u.. (800) Or Toll Free Service. 800 or toll free service includes service that is accessed by dialing 800
888. 877 or any other three (3) digit NPA code reserved for such service by the Federal Communications
Commission.L-J.
006. CITATION (Rule 6).
The official citation of these rules is IDAPA 31.51.01.000 et seq. For example, this rule is cited as IDAPA
31.51.01.006. In documents submitted to the Commission or issued by the Commission, these rules may be cited by
their short title of Operator Servic ~'6viti€tslPay Telephone Rules eOSPIPTK) and the parenthetical rule number.
For example, this rule may be cited as OSP/PTR 6.
(BREAK IN CONTINUITY OF SECTIONS)
OOH.. INCORPORATION BY REFERENCE - UNITE!) STATES CODE AND CODE OF FEDERAL
REGULATIONS (Rule 8).
These Rules in scattered sections incolJlorate by reference specific sections of the United States Code and federal
regulations issued by the Federal Communications Commission. See Title ill of the Americans with Disabilities Act
42 U.C. Section 12181 through 12189 (September 22.2000): Telecommunications for the Disabled Act of 1982.
Pub.!. 97-410. 96 Stat. 2043 (January 3. 1983); 28 C.ER Part ~6 (October 1. 2000); 47 C.ER Parts 68.1 through
68.318 (October 1. 2000): and the Americans with Disabilities Act Accessibility Guidelines for Buildings and
Facilities 36 C.R Part 1191. Appendix A. Sections 4.1.3(17). 4.31.1-4.31.9 (July 1. 2000). The incolJlorated
regulations are found in the Code of Federal Regulations available from the U.S. Government Printing Office.
Superintendent of Documents. Attn: New Orders. PO Box 371954. Pittsburgh. PA 15250-7954. The incorporated
federal materials are also available in electronic fonnat at www.access.gpo.gov/nara. Incorporated materials are also
available for inspection aJ;).d copying at the offices of the Public Utilities Cormbission and the Idaho State Law
Library.L-J.
00-82. -- 100.(RESERVED).
101. INFORMATION TO BE DISPLAYED (Rule 101).fu llelephones owned or controlled by an OSP customer must infonn the telephone caller that the telephone is
connected to an OSP. The following infonnation must be displayed on or posted in proximity to the instrument:
Making billing inquiries;
(7 -93)
(7-93)
(7-93)
(7 -93)
01.
02.
Name, Address, And Toll-Free Telephone Number Of The OSP.
No-Cost Procedures. No-cost procedure for:
Reporting of service difficulties;
c. Obtaining the total rates and charges (including surcharges) to be billed by OSPs and MTScompanies for the call; and (7 -93)
IDAHO ADMINISTRATIVE BULLETIN Page 82 July 4 2001- Vol. 01-
Case No. GNR-O4-
OCMC's 1st Discovery
Exhibit B-Page 4 of 8
PUBLIC UTILITIES COMMISSION
Operator Services and Pay Telephone Rules
Docket No. 31-5101-0101
Proposed Rules
Any charges imposed by the asp customer for the call;(7-93)
03. Instructions. Dialing instructions, including instructions for reaching the local exchange company
operator if the asp is not the local exchange company. (7-93)
04. Written Disclosure. Written disclosure that consumers have a right to obtain access to the MTS
company of their choice and may contact their preferred MTS companies for infonnation on accessing that MTS
company s service using that telephone. (7-93)
102.EMERGENCY ACCESS .REQUIRED (Rule 102).
01.Access To Emergency Services. All telephones connected to an asp are required:(7-93)a. To provide direct access to a local exchange company operator for access to emergency services by
dialing "0" (except for asp customers like hotels, motels, hospitals, donnitories, etc., that direct "0" calls to a person
on the asp customet's premises), and (7-93)b. Where available, to provide direct access to emergency service providers by dialing "911", unless
exempted by the Commission pursuant to Rule 102.02 of this rule. Unless exempted, access to the asp network
(other than the local exchange company s) may be made through any other access number or keypad symbol.Exempted providers are required to maintain CUffent lists of local emergency numbers. (7 -93)
!e.. Provide or pass through the infonnation required by Enhanced 91 I service providers. including but
not limited to. signaling system seven ("SS7") and automatic number identification ("ANr'L-J.02. Initial Application For Exemption. asps or privately owflcd pay tclcph8lu; owners PSPs can
request an exemption ftom Rule 102.01 by filing an application for exemption with the Commission. The application
must demonstrate that the asp can immediately connect the caller with the correct emergency agencies that serve thetelephone location and include: (-J--l-94)L-J.a. The full legal name, address and telephone number of the applicant, and any dba used by theapplicant in Idaho; (1-94)
The legal fonn of business of the applicant, i.e., sole proprietorship, corporation or partnership,
(1-94)etc.
Ifa corporation, the name and address of the agent for service of process in the state ofIdaho;
(1-94)d. On a separate page, the telephone number and location address of each pay telephone installed that
the applicant wants included in the exemption (this page may be marked "Proprietary--for use by Commission
personnel only
);
(I -94)e. The full name and address of the asp facility; (1-94)f. A description of the applicant's service agreements that ensure the asP's compliance with the
Commission s Rules; (1-94)
g.
A statement of procedures for and a toll-ftee telephone number for reporting service difficulties andmaking billing inquiries; (1-94)h. A statement explaining how emergency numbers are obtained and how they are associated with thecorrect locations; and (1-94)i. A statement that the applicant will contractually require that its customers comply or will comply
with the requirements set out in these asp rules. (1-94)
IDAHO ADMINISTRATIVE BULLETIN Page 83 July 4, 2001- VoL 01-
Case No. GNR-O4-
aCMC's 1st Discovery
Exhibit B-Page 5 of 8
PUBLIC UTILITIES COMMISSION
Operator Services and Pay Telephone Rules
Docket No. 31-5101-0101
Proposed Rules
03. Review Of Applications For Exemption. The Commission Staff will review the application for
exemption and issue a letter of exemption if the Staff detennines the applicant meets the criteria set forth in Rule
102.02. If a request for an applicant's exemption is denied by the Commission Staff, the applicant may petition the
Commission to review the Staff's denial. (1-94)
04. &mieAnnual Update Of Information After Exemption Is Granted. When the Commission has
granted an application for exemption under Rule 102.02, the applicant must provide the Commission Staff on etteh
1;f;hruary and August 1 the following: fl-l-941L..-j,
Any change in the infonnation listed in Rule 102.02.a. through 102.02.i.(1-94)b. A CUlTent list by telephone number and location address of each pay telephone installed that is
covered by the exemption (this page may be marked "Proprietary--for Commission use only ); and (1-94)c. A CUlTent list of emergency numbers described in Rule 102.01 and a statement that the asp hascon finned and updated the list. (1-94)
05. Emergency Dialing Instructions. All telephones owned or controlled by the asp customer
must be posted with emergency dialing instructions. All fclcphancs owned. or cantl'8Ucd hy tlu: OSP custamer must be
pooted with enwrgcncy dit1.1ing instntctians.fl-l-941L..-j,
06. Termination Of Service For Violation Of This Rnle. Consistent with this Commission s rules on
tennination of service (Telephone Customer Relations Rules 300-314, IDAPA 31.41.01.300 through 31.41.01.314
and Rule 213 of these rules), the LEC must tenninate service to customers of record known to be in violation of Rule
102.01 that have not been granted an exemption under Rule 102.02. The Commission or its Staff shall notify the LEC
in writing of customers it knows to be in violation and whose service should be tenninated. (1-93)
103. ACCESS TO OTHER OSPs AND MTS COMPANIES REQUIRED (Rnle 103).
Except as allowed by this rule, no telephone owned or controlled by an asp customer and no asp can block a
telephone caller s access to an asp or MTS company that serves the local exchange where the asp customer
located e:JtCept that reca! achangc cam.pt1.nics tI!llt under sttlte lttw ha.'(; tin ach:lfji...e frttnchisc far intFtlstatc apcfflffir
lllzd/ar intlY:l.LAY'A MY'S (tang distance) sa ,ices nuty l'Csmet llCCCS-S ffi afha' infrttLAY'A asp ar UY'S rempttnies
cansistelit with their ex-clusi-,,'C rights of service under sttltc lttw Callers must be allowed access to the asp or MTS
company of their choice via the dialing patterns 950-, 800- and 10lXXXX 0+ where allowed by the serving central
office. The pay telephone instrument must transmit the access digits in the dialing pattern exactly as the caller dials
them. 1()XXX 1 I cC,alls , t!zase made by a dialing sequence that will bill the call back to the pay (elephane awncr
llndlar cltstafliCt' afrccard PSP rather than the telephone user, may be blocked. (1 1 94)-L---)
104. DISCLOSURE OF OPERATOR SERVICE PROVIDER (BRANDING) AND CHARGES (Rule 104).Every operator service provider must: (7 -93)
01. Identify Itself. Identify itself, audibly and distinctly (e., by saying "XYZ operator, may I help
you?" or "Thank you for using XYZ") to the telephone caller at the beginning of each telephone call and before thetelephone caller incurs any charge for the call; (7 -93)
02. Permit Caller To Terminate Call. Pennit the telephone caller to tenninate the telephone call at nocharge before the call is connected; (7-93)
03. Disclose To Caller. Disclose immediately to the telephone caller, upon request and at no charge tothe telephone caller: (7-93)a. A quote of the total rates and charges (including surcharges) to be billed by asps and MTScompanies for the call; (7-93)b. The methods by which rates or charges will be collected; and (7-93)
The methods by which complaints concerning rates, charges or collection practices will be
IDAHO ADMINISTRATIVE BULLETIN Page 84 July 4, 2001 - Vol. 01-
Case No. GNR-O4-
OCMC's 1st Discovery
Exhibit B-Page 6 of
PUBLIC UTILITIES COMMISSION
Operator Services and Pay Telephone Rules
Docket No. 31-5101-0101
Proposed Rules
resolved.(7-93)
!l4.. Disclose To The Consumer. Disclose. audibly and distinctly to the consumer (caller for non-
c:ollect calls. called party for collect calls). at n~ charge. and before connecting any intrastate operator service call.
how to obtain the total cost of the call. including any aggregator surcharge. or the maximum possible total cost of the
call. including any aggregator surcharge. before providing further oral advice to the consumer on how to proceed to
make the call. The oral disclosure required in Rule 104.04 shall instruct consumers that they may obtain applicable
rate and surcharge quotations either. at the option of the provider of operator services. by dialing no more than two (2)
digits or by remaining on the line.L-)
(BREAK IN CONTINUITY OF SECTIONS)
106.UNCOMPLETED CALLS SPLASHING (Rule 106).
01.Billing For Uncompleted Calls. asps are prohibited from~(7 1 93)
tt-.B.b.illing for unanswered or unaccepted telephone calls in 6.1'Cttti ...hcrt: equ6.1 6.CC€SS is aiitli/6.hk;
(7 1 93)ttnti
b-. Knawilfgly hilling fa/' unan8i-lIet'ed 8/' u1facccpted telephane calls where equal access is nat
aWi.ilf1hle Charges for unanswered or unaccepted calls must be removed ftom bills whethet the reUs wCt'e made from
an equal access exchange or another exchange
02. Splashing. "Splashing" or "call splashing" means the transfer of a telephone call from one (1)
provider of operator services to another provider in a manner that the subsequent provider is unable or unwilling to
determine the actual originating location of the call and, because of that inability or unwillingness, is prevented from
billing the call on the basis of its actual originating location. asps are prohibited from splashing calls unless thetelephone caller: (7-93)a. Requests to be transferred to another provider of operator services; (7 -93)b. Is infonned before incurring any charges that the rates for the call may not reflect the rates from theactual originating location of the call; and (7~1-93)c. Consents to be transferred. Except as allowed by the previous sentence, asps shall not bill for a
call on a basis that does not reflect the origin of the call. (7-93)
107.I.Y~9RM.tTHJ.,,\~tl. YILl.Yt::8 INFORMATION ON BILLS (Rule 107).
fJl-. FilittgS JJ'ff..'ClJllfmissitm. 08~s shall file injarmationallistings including 1't1.ff:S and c.~al'gt:s, 1c,.ms
alld c8f1tlitians af sa-iee, tt1ld a',ltli/ahility of st;1-..ices willi the Cm1flllissian and update thasc liStiligS as l"CtJuircd by
8cctiBn "2 MJ", Idaha CtJdc, whCfl sa-;iccs or ffltes change. OS~s s.~all pm-..idc the Cammission with and keep
CUf'f'CfIt t,~e flame and (elcphant: number 8/' a oomptlny rcpr-es Cflttlti'y'C fo,. call1plf1illts and hilling inquirics. Set: 'litle
Ruks 201 thmugh 2().4 IDAR1 31.46.01.201 th'VJ1ig.~ 31.16.01.204. (7 1 93)
Bills-.Bills for asp servkes shall notify the customer of the procedures and toll-free telephone
number for handling complaints and billing inquiries 311d must comply with Telephone Customer Relations Rule 201
mAPA 31.41.01.201. Calls billed to a credit card issued by a financial institution not affiliated with or issued in
conjunction with an asp or MTS carrier (e., VISA, Mastercard, Diner s Club, Discovery, American Express) need
not contain Telephone Customer Relations Rule 201 's call detail. Call aggregators shall ensure that no charge by the
aggregator to the telephone caller for using an "800" or "950" access code number, or any other access code number
is greater than the amount the aggregator charges for calls placed using the presubscribed provider of operatorservices.
IDAHO ADMINISTRATIVE BULLETIN Pltge 85 July 4, 2001- Vol 01-
Case No. GNR-O4-
OCMC's 1st Discovery
Exhibit B-Page 7 of 8
IDAPA 31 . IDAHO PUBLIC UTILITIES COMMISSION
31.51.01 . OPERATOR SERVICES AND PAY TELEPHONE RULES
DOCKET NO. 31.5101.0101
NOTICE OF RULEMAKING . PENDING RULE
EFFECTIVE DATE: This pending rule has been adopted by the agency and is now pending review by the 2002
Idaho State Legislature for final adoption. The pending rule becomes final and effective at the conclusion of the
legislative session unless the rule is approved, rejected, amended or modified by concurrent resolution in accordance
with Sections 67-5224 and 67-5291, Idaho Code. If the pending rule is approved, amended or modified by concurrent
resolution, the rule becomes final and effective upon adoption of the concurrent resolution or upon the date specified
in the concurrent resolution.
AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice is hereby given that the Idaho Public
Utilities Commission has adopted a pending rule. This action is authorized pursuant to Sections 61-507, 62-601 and
62-622(5), Idaho Code.
DESCRIPTIVE SUMMARY: The Commission s Operator Services and Pay Telephone Rules were last updated in
1993. These rules are amended so that they are consistent with recent changes in federal law and Federal
Communications Commission ("FCC', orders. See generally, In the Matter of Implementation of the Pay Telephone
Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128,
Order No. 96-388 (September 20, 1996). The pending rules also comply with the Americans with Disabilities Act, 42
C. Section 12101 et seq. (September 22 2000) and the Americans with Disabilities Act Accessibility Guidelines
for Buildings and Facilities, 36 C.ER Part 1191, Appendix A (July 1 2000). Finally, the pending rules contain several
non-substantive changes to clarify and streamline them. In response to the Notice of Proposed Rulemaking, the
Commission received one written comment supporting the proposed changes. Consequently, the pending rule is being
adopted as proposed. The original text of the proposed rules was published in the July 4 2001 Idaho Administrative
Bulletin, Volume 01-7, pages 79 through 93.
ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this pending
rule, contact Joe Cusick at [phone].
DATED this 1st day of August, 2001.
Jean D. Jewell
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Tel: [phone]/ FAX: [phone]
Street Address:
472 W. Washington St.
Boise, ID (83702-5983)
mAPA 31, TITLE 51, Chapter 01
OPERATOR SERVICES AND PAY TELEPHONE RULES
There are no substantive changes from the proposed rule text.
The complete text of the proposed rule was published in the Idaho Administrative
BuUetin, Volume 01-7, July 4 2001, pages 79 through 93.
This rule has been adopted as a pending rule by the Agency and is now pending
review and adoption by the 2002 Idaho State Legislature as a final rule.
IDAHO ADMINISTRATIVE BULLETIN Page 690 October 3,2001- Vol. 01-
Case No. GNR-O4-
aCMC's 1st Discovery
Exhibit B-Page 8 of 8
EXHIBIT C
;3EP 08 2003 MON 01: 07 PM ONE CALL COMM FAX NQ 317 S8G 7440 P. 02
IDAHO
PUBLIC UTiliTIES
commiSSion
Di..x Kempthome, Governor
O. Box 83720, Boise, Idaho 83720-0074
Paul Kjellander, President
Marsha H. Smith, Commissioner
Dennis S. Hansen, Commissioner
August 18, 2003
. ', '
1 ~,
Laura Clore, Regulatory Manager
OCMC, Ine
801 Congressional Blvd Suite 100
CaIDlel, Indiana 46032
Dear Ms. Clore:
Thank you very much for your July 16 response to my letter of July 3. The responses in
your letter satisfactorily address the specific concerns raised by this single complaint. However
it appears that OCMC, Inc. (Opticom) has been in violation of Rule 104.04 of the Commission
Payphone and Operator Services Rules, which requires the recipient of any collect call to be
provided an opportunity to obtain the rates for the call before accepting the charges. Your letter
indicated Opticom provided such an opportunity for toll calls, but that Opticom would not be in
compliance for local collect calls until July 31, 2003. It should be noted that violations of the
Commission s Rules could lead to the imposition of penalties. Idaho Code g 61-701, etseq.
Rule 104.04 has been in effect since March 15,2002, and was implemented after an open
proceeding lasting more than two years with multiple notices and opportunities for public
. conmlcnt.
Like the complainant, other Idaho consumers may also have incurred such charges for
local collect calls. As Opticom s rates for such calls are significantly higher than others, it is
reasonable to assume that some of these customers would have declined the call had they had the
opportunity to learn the charges. Ai. these charges were incurred under circumstances that were
in violation of the Commission s rules, aU Idaho customers that incurred charges for local collect
calls placed between March 15,2002 and July 31 2003, or whenever Opticom s service became
compliant with Rule 104., whichever is latest, should be reimbursed or credited for any such
charges.
Please provide the Commission with a list ofIdaho Consumers whQ have incurred such
charges from Opticom, and the steps Opticom has taken, or the timeline for any future steps, to
provide each customer with full reimbursement. A response to this request is expected by
September 11; 20q3..
ill / L-
\J'Vi ) ~vtjJ,
Located at 472 West Washington Street, Boise, Idaho 83702
Telephone: [phone] Facsimile: (208) 334~3762
Case No. GNR-O4-
OCMC's 1st Discovery
Exhibit C-Page 1 of 2
0tt' U~ cUUj nUN U I ; U ( t'n UNto vALL IJunn
Laura Clore, Regulatory Manager
aCMC, lnc
August 18 , 2003
Page 2
t'AX NU, ,11.( ~t1U. .1~'W t',
Please do not hesitate to contact me if you desire any further information. I can be
reached at 208-334.0354 or via e-mail at whart(a)puc.state.id.
cc: Kevin O'Neil, Pinnacle Public Services
LLC, PO Box 1137
Fruitland, ID 83619
John Hammond
umhic/opticom 2
Wayne Hart
Telecommuni atioDs Analyst
Case No. GNR-T-O4-
OCMC's 1st Discovery
Exhibit C-Page 2 of