20040607_862.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:JOHN HAMMOND
DATE:JUNE 4, 2004
SUBJECT:STIPULATION AND SETTLEMENT AGREEMENT IN THE MATTER
OF THE INVESTIGATION OF OCMC, INC. REGARDING WHETHER
THE COMPANY VIOLATED THE TERMS OF ITS PRICE LIST AND
OPERATOR SERVICES AND PAY TELEPHONE RULE 104.04. CASE
NO. GNR-04-
On March 14, 2004, Staff filed a Petition to Initiate an Investigation alleging and
requesting the Commission begin a proceeding to resolve consumer complaints, determine if
OCMC was providing service and compliance with its price list and to decide if OCMC, Inc.
violated the Commission s Operator Services and Pay Telephone Rule 104.IDAPA
31.51.01.104.04 between March 12 2002 and July 29 2003.
On April 27, 2004, OCMC, a company that provides operator services in the State of
Idaho filed a Motion to Terminate this investigation disputing Staffs allegations and the legal
basis for them. As a result of the foregoing there is a dispute and disagreement between Staff
and OCMC which the parties now desire to compromise and settle on the terms set forth in the
attached Stipulation and Settlement Agreement pursuant to Commission Rule of Procedure 272
IDAPA 31.01.01.272.
The parties represent that the following terms comprise the settlement agreement.
First, OCMC will make a voluntary payment by check payable to the State of Idaho in the
amount of $15 000 to deposit in a fund designated by the Commission. This check will be sent
to the Commission Secretary within 30 days of acceptance by the Commission of this Stipulation
and Settlement. The parties request that the Commission designate where the voluntary payment
be deposited. Idaho Code ~ 62-620 provides that penalties shall be paid to the General Account
DECISION MEMORANDUM
of the State Treasury. Staff believes this voluntary payment is an analogous to the penalty
described in ~ 62-620 and recommends that the Commission deposit this check into the State
Treasury to the credit of the General Account. Second, OCMC has agreed to reimburse by credit
or refund charges certain customers incurred as shown on the attached Exhibit A. The parties
also provided that they understand it is within the Commission s discretion whether to issue a
press release in any particular matter. Notwithstanding that, neither party recommends issuance
of a press release in conjunction with the settlement or any Commission Order respecting the
Stipulation. The remaining terms are standard language to stipulations and settlement
agreements.
Staff and the Company are the only parties to this proceeding.Staff and the
Company represent that this settlement is reasonable, in the public interest, or otherwise in
accordance with the law or regulatory policy. As such the parties request that the Commission
accept this Agreement, without material change, as a means for resolving this matter pursuant to
its authority under the Commission s Rules of Procedure. See IDAPA 31.01.01.271-276.
Commission Decision
Does the Commission wish to accept the Settlement Agreement as proposed by Staff
and OCMC to resolve this proceeding? If so, where does the Commission wish to direct OCMC
to make the voluntary payment?
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DECISION MEMORANDUM
JOHN R. HAMMOND, JR.
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, ill 83720-0074
IDAHO BAR NO. 5470
Tele: [phone]
FAX: [phone]
Attorney for the Staff of the Idaho Public Utilities Commission
DEAN J. MILLER (ISB No. 1968)
McDEVITT & MILLER LLP
420 WEST BANNOCK STREET
BOISE, ill 83702
Tele: [phone]
Fax: [phone]
Attorneys for aCMC, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE STAFF'
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.
CASE NO. GNR- T -04-
STIPULATION AND
SETTLEMENT AGREEMENT
COMES NOW the Staff of the Idaho Public Utilities Commission (Staff) and OCMC
Inc., an Indiana corporation, or its affiliates OPTICOM, One Call Communications, AdvantTel
LiveTel, SuperTel, RegionTel or 1-800-MAX-SA VE (collectively, OCMC) by and through their
respective counsel of record and stipulate and agree as follows:
RECIT ALS
WHEREAS, on March 15, 2004, Staff filed herein a Petition to Initiate an
Investigation alleging and requesting that the Commission initiate an investigation to: 1) resolve
consumer complaints; 2) determine if OCMC is providing service in compliance with its Price
List; and 3) to decide if OCMC, Inc. has violated the Commission s Operator Services and Pay
Telephone Rule 104., IDAP A 31.51.01.104.04 between March 12, 2002 and July 29, 2003.
WHEREAS, on April 7 , 2004, OCMC, a company that provides operator services in
Idaho as that term is defined in Rule 5.06 of the Commission s Operator Services and Pay
STIPULATION AND
SETTLEMENT AGREEMENT
Telephone Rules IDAP A 31.51.01.000, filed a Motion to Terminate Investigation wherein
OCMC disputed Staff s allegations and the legal basis therefore.
WHEREAS, as a result of the foregoing there is a dispute and disagreement between
Staff and OCMC which the parties desire to compromise and settle on the terms set forth below
pursuant to Commission Rule of Procedure 272, IDAP A 31.01.01.272.
STIPULATION
In consideration of the foregoing, the parties agree as follows:
1. Payment by OCMC. Within thirty (30) days of the Commission s approval of
this Stipulation OCMC shall make a voluntary payment by check payable to the State of Idaho in
the amount of fifteen thousand dollars ($15 000) for deposit in a fund designated by the
Commission. This check shall be sent to the Commission Secretary.
2. Customer Reimbursements. Within thirty (30) days of the approval of this
Stipulation OCMC shall, either by credit or refund, make reimbursements to customers in the
amounts shown on Exhibit A attached hereto and made a part hereof.
3. No admission. It is acknowledged by that the payment above described and the
reimbursements above described are in compromise of a disputed claim and are not intended, nor
shall they be construed as, an admission of liability by OCMC.
4. Compliance. Without admitting or denying the allegations contained in the
Commission Staffs Petition, OCMC states that as of July 29, 2003 its services comply with its
Price List and Commission Operator Services and Pay Telephone Rule 104.04.
5. Voluntary Compliance. OCMC agrees that it will not engage in any future acts
practices or omissions that would constitute violations of Idaho Code, Title 62 or Commission.
Rules.
6. No Press Release. The parties understand and acknowledge that it is within the
Commission discretion whether to issue a press release in any particular matter.
Notwithstanding that, neither party recommends issuance of a press release in conjunction with
this settlement or any Commission order respecting this Stipulation.
7. Commission Approval. This Stipulation shall be entered into the record in this
proceeding. The Parties recognize the complexity of the issues presented in this case, the
amount of resources and effort expended by the Parties thus far, and the length of time that has
elapsed since this case was first initiated. Thus, the Parties agree that this Stipulation presents an
STIPULATION AND
SETTLEMENT AGREEMENT
opportunity to finally resolve the issues in this case. This Stipulation is made to compromise
contested claims and is entered solely for the purpose of avoiding expense, inconvenience, and
uncertainty of further litigation. Furthermore, the Parties agree that this Stipulation represents a
reasonable resolution of the issues in this case and believe that it is in the public interest for the
Commission to approve it. The parties have negotiated this Stipulation as an integrated
settlement document. The parties recommend that the Commission accept this Stipulation
without material change or condition and upon doing so, issue its Order approving this
Stipulation as a reasonable resolution of this matter. If the Commission rejects all or any part of
this Stipulation, either party disadvantaged by such action shall have the right, upon written
notice to the Commission and the other party, within seven (7) days of the Commission s Order
to withdraw from this Stipulation.
8. No Additional Proceedings. The Parties acknowledge that the time period
covered by Staffs investigation in this matter is March 2002 through July 29 , 2003. Based on its
investigation, Staff will not file any additional formal proceedings against OCMC for the
conduct that it specifically alleged in its Petition the Company engaged in during the time period
above stated.
9. Warranty of Authority. The undersigned each represent and warrant that they
have authority to bind their respective clients to the terms of this Stipulation.
IDAHO PUBLIC UTILITIES
COMMISSION STAFF
tr/ d. OO
DATE J 0 mmond
y Attorney General
Idaho Public Utilities Commission
OCMC, Inc.
*1 q\ QL\
D TE ean J. Mil er
Attorney for OCMC, Inc.
STIPULATION AND
SETTLEMENT AGREEMENT
EXHIBIT A TO SETTLEMENT AGREEMENT
Juridiction Charge Credit Net Due Customer Call Date
Intralata $17.$6.$11.Ann M Voda 03/12/03
Intralata $10.$0.$10.Rod Benedetti 05/15/02
ntralata $16.$5.$10.Kelli Bills 04/26/03
Intralata $44. 30 $0.$44. 30 Joleta Quigley 05/30/03
ntralata $31.$0.$31.Ross Tarter 05/30/03
08/20/02
Intralata $78.$46.$31.Tammy Lindt 08/23/02
08/24/02
Intralata $18.$7.$10.Robert Thompson 01/10/03
TOTAL REFUNDS DUE $150.
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 6th DAY OF JUNE 2004 SERVED
THE FOREGOING STIPULATION AND SETTLEMENT AGREEMENT, IN CASE
NO. GNR-04-, BY MAILING A COpy THEREOF POSTAGE PREPAID TO THE
FOLLOWING:
ANN C. BERNARD
OCMC, INC.
801 CONGRESSIONAL BLVD.
CARMEL, IN 46032
E-mail: ann. bemard~,oc ld. com
DEAN J. MILLER
McDEVITT & MILLER, LLP
420 W. BANNOCK STREET
PO BOX 2564 - 83701
BOISE, ID 83702
E-mail: ioe~mcdevitt-mil1er.com
CT CORPORATION
300 N. 6TH STREET
BOISE, ID 83702
SECRETARY
CERTIFICATE OF SERVICE