Control Number : 42403 Item Number : 165 Addendum StartPage : 0
State Office of Administrative Hearings i^i Cathleen Parsley Chief Administrative Law Judge CLK`e^1J.71^iY November 24, 2015 TO: Stephen Journeay, Director Commission Advising and Docket Management William B. Travis State Office Building 1701 N. Congress, 7th Floor Austin, Texas 78701 Courier Pick-up RE: SOAH Docket No. 473-14-3984 PUC Docket No. 42403 Complaint of the City of Houston Against Southwestern Bell Telephone, LP d/b/a AT& T Texas Enclosed is the Proposal for Decision on Dismissal (PFD) in the above-referenced case. By copy of this letter, the parties to this proceeding are being served with the PFD. Please place this case on an open meeting agenda for the Commissioners' consideration. There is no deadline in this case. Please notify me and the parties of the open meeting date, as well as the deadlines for filing exceptions to the PFD, replies to the exceptions, and requests for oral argument. Sincerely, Wendy K.. Harvel Administrative Law Judge WKLH/ls Enclosure xc: All Parties of Record 300 W.1511, Street, Suite 502, Austin, Texas 78701/ P.O. Box 13025, Austin, Texas 78711-3025 512.475.4993 (Main) 512.475.3445 (Docketing) 512.322.2061 (Fax) www.soah.state.tx.us
SOAH DOCKET NO. 473-14-3984 COMPLAINT OF THE CITY OF BEFORE THE STATE OFFICE HOUSTON AGAINST SOUTHWESTERN BELL OF TELEPHONE, LP d/b/a AT&T TEXAS ADMINISTRATIVE HEARINGS PROPOSAL FOR DECISION ON DISMISSAL The City of Houston (Houston) filed a complaint against Southwestern Bell Telephone Company d/b/a AT&T Texas (AT&T) alleging that AT&T failed to implement certain rates under AT&T's filed tariff (Complaint). Houston sought a refund of overcharges. Houston filed its first motion for partial summary disposition on January 12, 2015, its second motion for partial summary disposition on January 21, 2015, and its third motion on March 16, 2015. AT&T filed responses on February 9, February 19, and April 13, 2015, respectively. AT&T's responses essentially stated that if Houston would agree to accept AT&T's calculations as to the amounts owed, AT&T would agree that partial summary disposition should be issued. But if Houston did not agree, then AT&T would oppose the motions. Houston agreed to accept AT&T's calculations on all but one issue. The parties settled that remaining issue. Because there are no matters in dispute, this case should be dismissed from the docket of the State Office of Administrative Hearings (SOAH). Pursuant to 16 Texas Administrative Code 22.181, the Public Utility Commission of Texas (Commission) may consider this Proposal for Decision (PFD) on dismissal. 1. PROCEDURAL HISTORY, JURISDICTION, AND NOTICE Houston filed its Complaint on April 17, 2014. The Complaint alleges that AT&T did not apply the correct rates under Section 49 of AT&T's General Exchange tariff pursuant to a contract entered into by Houston and AT&T. The Complaint divides the allegations into six different issues, each with several different subparts. Throughout this case, to simplify the specific issue being addressed, the parties and the Administrative Law Judge (ALJ) have referred to the issues in shorthand by issue number and letter, such as Issue IA. During the pendency of
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 2 this case, the parties were able to resolve some of the issues in dispute. On July 16, 2015, the ALJ granted summary disposition with respect to all issues except Issue 1D after Houston agreed to accept AT&T's calculations. On September 29, 2015, AT&T filed a letter indicating that the parties resolved Issue ID and agreed to stipulations regarding that one remaining issue. Because the last issue was resolved, the ALJ canceled the hearing on the merits and ordered the parties to submit joint proposed findings of fact and conclusions of law. The record closed on November 2, 2015, with the filing of the agreed proposed findings of fact, conclusions of law, and ordering paragraphs, which were agreed to by Houston, AT&T, and Commission Staff. Because the parties and Staff have agreed on the legal issues and refund amounts, and have provided the exact findings of fact, conclusions of law, and ordering paragraphs to which they agree, the ALJ has copied the parties' agreed findings, conclusions, and ordering paragraphs below, only changing the wording by placing the footnotes in the body of the text, changing some abbreviations, and changing the name of the attachment. The agreement is now ready for the Commission's consideration. 22.181. This case is dismissed from the SOAH docket under 16 Texas Administrative Code II. JOINT AGREED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDERING PARAGRAPHS A. Findings of Fact l. This proceeding originated before the Public Utility Commission of Texas (Commission) on a Complaint, Docket No. 42403, filed by Houston against AT&T alleging that AT&T failed to implement rates available under Section 49 of AT&T's General Exchange tariff pursuant to Contract C52034 to MegaLink Digital circuits and MegaLink III circuits. 2. With regards to MegaLink Digital and MegaLink III services provided to Houston by AT&T, Contract C52034 authorized AT&T to make those MegaLink Digital and MegaLink III services found in Section 49 of AT&T's General Exchange tariff available to Houston under a term pricing arrangement at the location(s), quantities, and rates described on Schedule 1 of Contract C52034.
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 3 3. Pursuant to AT&T's Digital Link Service tariff, the rate elements that may apply to MegaLink Digital service include Interoffice Channel Mileage, Local Distribution Channel, and Inter-Digital Service Office Channel. 4. Pursuant to AT&T's Digital Link Service tariff, the four basic rate elements that may apply to MegaLink III service include Interoffice Channel Mileage, Local Distribution Channel, additional service features such as Clear Channel Capability, and surcharges. 5. On July 16, 2015, the SOAH ALJ issued SOAH Order No. 12, granting summary decision in Houston's favor with regard to those issues and in those amounts listed on Exhibit 1 to the Joint Response to SOAH Order No. 10 filed on June 10, 2015 (Attachment 1). 6. Houston does not dispute and has accepted AT&T's calculation of $8,896.07 as the refund amount for the overbilling identified in Issue IA related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.001322. Summary decision was of $8,896.07. 7. Houston does not dispute and has accepted AT&T's calculation of $1,553.70 as the refund amount for the overbilling identified in Issue 1B related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002757. Summary decision was of $1,553.70. 8. Houston does not dispute and has accepted AT&T's calculation of $765.82 as the refund amount for the overbilling identified in Issue 1C related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002759. Summary decision was of $765.82. 9. Houston, by agreement with AT&T wherein AT&T did not admit liability, does not dispute and has accepted AT&T's calculation of $36,316.25 as an adjustment to satisfy in resolution of Issue 1D as to the Interoffice Channel Mileage component related to MegaLink III circuit 26.DHDA.002758 in the form of a check payable to Houston issued within 60 days of October 7, 2015. On October 7, 2015, the Parties filed a Stipulation to the amount of $36,316.25 for MegaLink III circuit 26.DHDA.002758. 10. Houston does not dispute and has accepted AT&T's calculation of $8,864.05 as the refund amount for the overbilling identified in Issue le related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002188. Summary decision was of $8,864.05. 11. Houston does not dispute and has accepted AT&T's calculation of $12,308.47 as the refund amount for the overbilling identified in Issue IF related to the Interoffice Channel
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 4 Mileage component for MegaLink III circuit 21.DHDA.002190. Summary decision was of $12,308.47. 12. Houston does not dispute and has accepted AT&T's calculation of $24,921.59 as the refund amount for the overbilling identified in Issue 1G related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002704. Summary decision was of $24,921.59. 13. Houston does not dispute and has accepted AT&T's calculation of $10,011.02 as the refund amount for the overbilling identified in Issue 1H related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002714. Summary decision was granted by SQAH Order No. 12 in Houston's favor on this issue and in the amount of $10,011.02. 14. Houston does not dispute and has accepted AT&T's calculation of $5,285.88 as the refund amount for the overbilling identified in Issue 2A related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002196. Summary decision was of $5,285.88. 15. Houston does not dispute and has accepted AT&T's calculation of $1,367.52 as the refund amount for the overbilling identified in Issue 2A related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA.002196. Summary amount of $1,367.52. 16. Houston does not dispute and has accepted AT&T's calculation of $13,822.19 as the refund amount for the overbilling identified in Issue 2B related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002638. Summary decision was of $13,822.19. 17. Houston does not dispute and has accepted AT&T's calculation of $1,367.52 as the refund amount for the overbilling identified in Issue 2B related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA.002638. Summary amount of $1,367.52. 18. Houston does not dispute and has accepted AT&T's calculation of $29,133.88 as the refund amount for the overbilling identified in Issue 2C related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002886. Summary decision was of $29,133.88.
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 5 19. Houston does not dispute and has accepted AT&T's calculation of $1,367.52 as the refund amount for the overbilling identified in Issue 2C related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA. 002886. Summary amount of $1,367.52. 20. Houston does not dispute and has accepted AT&T's calculation of $786.52 as the refund amount for the overbilling identified in Issue 2D related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002268. Summary decision was of $786.52. 21. Houston does not dispute and has accepted AT&T's calculation of $283.49 as the refund amount for the overbilling identified in Issue 2D related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA. 002268. Summary decision was of $283.49. 22. Houston does not dispute and has accepted AT&T's calculation of $786.52 as the refund amount for the overbilling identified in Issue 2E related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002269. Summary decision was of $786.52. 23. Houston does not dispute and has accepted AT&T's calculation of $283.49 as the refund amount for the overbilling identified in Issue 2E related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA.002269. Summary decision was of $283.49. 24. Houston does not dispute and has accepted AT&T's calculation of $10,497.29 as the refund amount for the overbilling identified in Issue 2F related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002378. Summary decision was of $10,497.29. 25. Houston does not dispute and has accepted AT&T's calculation of $725.70 as the refund amount for the overbilling identified in Issue 2F related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA.002378. Summary decision was of $725.70. 26. Houston does not dispute and has accepted AT&T's calculation of $2,319.52 as the refund amount for the overbilling identified in Issue 3A related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002377. Summary decision was
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 6 of $2,319.52. 27. Houston does not dispute and has accepted AT&T's calculation of $941.96 as the refund amount for the overbilling identified in Issue 3A related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA.002377. Summary decision was of $941.96. 28. Houston does not dispute and has accepted AT&T's calculation of $225.01 as the refund amount for the overbilling identified in Issue 3A related to the speed calling charges for MegaLink III circuit 21.DHDA.002377. Summary decision was granted by SOAH Order No. 12 in Houston's favor on this issue and in the amount of $225.01. 29. Houston does not dispute and has accepted AT&T's calculation of $8,616.29 as the refund amount for the overbilling identified in Issue 3B related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002777. Summary decision was of $8,616.29. 30. Houston agreed that no refund is due for the overbilling identified in Issue 3B related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA.002777. 31. Houston does not dispute and has accepted AT&T's calculation of $402.21 as the refund amount for the overbilling identified in Issue 3B related to the speed calling charges for MegaLink III circuit 21.DHDA.002777. Summary decision was granted by SOAH Order No. 12 in Houston's favor on this issue and in the amount of $402.21. 32. AT&T does not dispute the refund amount for the overbilling identified in Issue 4A related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002344 is $3,013.31. Houston does not dispute and has accepted AT&T's calculation of $3,013.31 as the refund amount. 33. AT&T does not dispute the refund amount for the overbill identified in Issue 4B related to the Interoffice Channel Mileage component MegaLink III circuit 21.DHDA.002345 is $3,013.31. Houston does not dispute has accepted AT&T's calculation of $3,013.31 as the refund amount. 34. AT&T does not dispute the refund amount for the overbilling identified in Issue 4C related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002721 is $5,864.43. Houston does not dispute and has accepted AT&T's calculation of $5,864.43 as the refund amount. 35. Houston does not dispute and has accepted AT&T's calculation of $4,153.76 as the refund amount for the overbilling identified in Issue 4D related to the Interoffice Channel
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 7 Mileage component for MegaLink III circuit 21.DHDA.002656. Summary decision was of $4,153.76. 36. Houston does not dispute and has accepted AT&T's calculation of $3,072.14 as the refund amount for the overbilling identified in Issue 4E related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.001331. Summary decision was of $3,072.14. 37. Houston does not dispute and has accepted AT&T's calculation of $2,792.41 as the refund amount for the overbilling identified in Issue 4F related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.001326. Summary decision was of $2,792.41. 38. Without admitting liability, AT&T agreed to provide Houston an adjustment to satisfy Houston in the amount of $4,164.65 on Issue 5A as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.001387. Houston does not dispute and has accepted AT&T's calculation of $4,164.65 as the refund amount. Summary amount of $4,164.65. 39. Without admitting liability, AT&T agreed to provide Houston an adjustment to satisfy Houston in the amount of $4,164.65 on Issue 5B as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.003077. Houston does not dispute and has accepted AT&T's calculation of $4,164.65 as the refund amount. Summary amount of $4,164.65. 40. Without admitting liability, AT&T agreed to provide Houston an adjustment to satisfy Houston in the amount of $2,768.83 on Issue 5C as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002763. Houston does not dispute and has accepted AT&T's calculation of $2,768.83 as the refund amount. Summary amount of $2,768.83. 41. Without admitting liability, AT&T agreed to provide Houston an adjustment to satisfy Houston in the amount of $5,052.68 on Issue 6A as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002528. Houston does not dispute and has accepted AT&T's calculation of $5,052.68 as the refund amount. 42. Houston does not dispute and has accepted AT&T's calculation of $1,577.16 as the refund amount for the overbilling identified in Issue 6A related to the two (2) Local Distribution Channel components for MegaLink III circuit 21.DHDA.002528. Summary
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 8 amount of $1,577.16. 43. Houston does not dispute and has accepted AT&T's calculation of $1,909.55 as the refund amount for the overbilling identified in Issue 6A related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA.002528. Summary amount of $1,909.55. 44. Houston does not dispute and has accepted AT&T's calculation of $10,600.28 as the refund amount for the overbilling identified in Issue 6B related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002693. Summary decision was of $10,600.28. 45. Houston does not dispute and has accepted AT&T's calculation of $1,577.16 as the refund amount for the overbilling identified in Issue 6B related to the two (2) Local Distribution Channel components for MegaLink III circuit 21.DHDA.002693. Summary amount of $1,577.16. 46. Houston does not dispute and has accepted AT&T's calculation of $7,630.54 as the refund amount for the overbilling identified in Issue 6C related to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002880. Summary decision was of $7,630.54. 47. Houston does not dispute and has accepted AT&T's calculation of $1,577.16 as the refund amount for the overbilling identified in Issue 6C related to the two (2) Local Distribution Channel components for MegaLink III circuit 21.DHDA.002880. Summary amount of $1,577.16. 48. Houston does not dispute and has accepted AT&T's calculation of $1,909.55 as the refund amount for the overbilling identified in Issue 6C related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA.002880. Summary amount of $1,909.55. 49. Without admitting liability, AT&T agreed to provide Houston an adjustment to satisfy in the amount of $11,914.44 on Issue 6D as to the Interoffice Channel Mileage and the two (2) Local Distribution Channel components related to MegaLink III circuit 21.DHDA.003519. Houston does not dispute and has accepted AT&T's calculation of $11,914.44 as the refund amount.
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 9 50. Without admitting liability, AT&T agreed to provide Houston an adjustment to satisfy in the amount of $16,945.92 on Issue 6E as to the Interoffice Channel Mileage and the two (2) Local Distribution Channel components related to MegaLink III circuit 21.DHDA.003520. Houston does not dispute and has accepted AT&T's calculation of $16,945.92 as the refund amount. 51. Houston does not dispute and has accepted AT&T's calculation of $1,577.16 as the refund amount for the overbilling identified in Issue 6F related to the two (2) Local Distribution Channel components for MegaLink III circuit 21.DHDA.002796. Summary amount of $1,577.16. 52. Houston does not dispute and has accepted AT&T's calculation of $302.67 as the refund amount for the overbilling identified in Issue 6F related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA.002796. Summary decision was of $302.67. 53. Houston does not dispute and has accepted AT&T's calculation of $1,577.16 as the refund amount for the overbilling identified in Issue 6G related to the two (2) Local Distribution Channel components for MegaLink III circuit 21.DHDA.002212. Summary amount of $1,577.16. 54. Houston does not dispute and has accepted AT&T's calculation of $32,634.36 as the refund amount for the overbilling identified in Issue 7A related to the two (2) Local Distribution Channel components for MegaLink Digital circuit 21.DWDA.040066. Schedule 1 of Contract C52034 refers to USOC DDG, which relates to PL -DDS -Type 1 Digital Access Lines for transmission speed of 56kbps. Summary decision was granted by SOAH Order No. 12 in Houston's favor on this issue and in the amount of $32,634.36. 55. Houston does not dispute and has accepted AT&T's calculation of $5,457.89 as the refund amount for the overbilling identified in Issue 8A related to the Interoffice Channel Mileage component for MegaLink Digital circuit 21.HWDA.001811. Summary decision was of $5,457.89. 56. Houston does not dispute and has accepted AT&T's calculation of $16,028.01 as the refund amount for the overbilling identified in Issue 8B, 8C, and 8D related to the Interoffice Channel Mileage component for MegaLink Digital circuits 21.HWDA.001812, 21.HWDA.001813, and 21.HWDA.001814. Summary decision was of $16,028.01.
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 10 B. Conclusions of Law 1. This matter is properly before the Commission. 2. Houston is entitled to a refund of $8,896.07 on Issue IA as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.001322. 3. Houston is entitled to a refund of $1,553.70 on Issue 1B as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002757. 4. Houston is entitled to a refund of $765.82 on Issue 1C as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002759. 5. By the Houston-AT&T agreement, Houston is entitled to an adjustment to satisfy in the amount of $36,316.25 on Issue 1D as to the Interoffice Channel Mileage component related to MegaLink III circuit 26.DHDA.002758. 6. Houston is entitled to a refund of $8,864.05 on Issue le as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002188. 7. Houston is entitled to a refund of $12,308.47 on Issue IF as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002190. 8. Houston is entitled to a refund of $24,921.59 on Issue 1G as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002704. 9. Houston is entitled to a refund of $10,011.02 on Issue 1H as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002714. 10. Houston is entitled to a refund of $5,285.88 on Issue 2A as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002196. 11. Houston is entitled to a refund of $1,367.52 on Issue 2A as to the two (2) Clear Channel Capability components related to MegaLink III circuit 21.DHDA.002196. 12. Houston is entitled to a refund of $13,822.19 on Issue 2B as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002638. 13. Houston is entitled to a refund of $1,367.52 on Issue 2B as to the two (2) Clear Channel Capability components related to MegaLink III circuit 21.DHDA.002638. 14. Houston is entitled to a refund of $29,133.88 on Issue 2C as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002886.
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 11 15. Houston is entitled to a refund of $1,367.52 on Issue 2C as to the two (2) Clear Channel Capability components related to MegaLink III circuit 21.DHDA.002886. 16. Houston is entitled to a refund of $786.52 on Issue 2D as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002268. 17. Houston is entitled to a refund of $283.49 on Issue 2D as to the two (2) Clear Channel Capability components related to MegaLink III circuit 21.DHDA.002268. 18. Houston is entitled to a refund of $786.52 on Issue 2E as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002269. 19. Houston is entitled to a refund of $283.49 on Issue 2E as to the two (2) Clear Channel Capability components related to MegaLink III circuit 21.DHDA.002269. 20. Houston is entitled to a refund of $10,497.29 on Issue 2F as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002378. 21. Houston is entitled to a refund of $725.70 on Issue 2F as to the two (2) Clear Channel Capability components related to MegaLink III circuit 21.DHDA.002378. 22. Houston is entitled to a refund of $2,319.52 on Issue 3A as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002377. 23. Houston is entitled to a refund of $941.96 on Issue 3A as to the two (2) Clear Channel Capability components related to MegaLink III circuit 21.DHDA.002377. 24. Houston is entitled to a refund of $225.01 on Issue 3A as to the speed calling service on MegaLink III circuit 21.DHDA.002377. 25. Houston is entitled to a refund of $8,616.29 on Issue 3B as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002777. 26. Houston is entitled to a refund of $402.21 on Issue 3B as to the speed calling service on MegaLink III circuit 2l.DHDA.002777. 27. Houston is entitled to a refund of $3,013.31 on Issue 4A as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002344. 28. Houston is entitled to a refund of $3,013.31 on Issue 4B as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002345. 29. Houston is entitled to a refund of $5,864.43 on Issue 4C as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002721.
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 12 30. Houston is entitled to a refund of $4,153.76 on Issue 4D as to the Interoffice Channel Mileage component related to MegaLink III circuit 2l.DHDA.002656. 31. Houston is entitled to a refund of $3,072.14 on Issue 4E as to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.001331. 32. Houston is entitled to a refund of $2,792.41 on Issue 4F as to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.001326. 33. By the Houston-AT&T agreement, Houston is entitled to an adjustment to satisfy in the amount of $4,164.65 on Issue 5A as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.001387. 34. By the Houston-AT&T agreement, Houston is entitled to an adjustment to satisfy in the amount of $4,164.65 on Issue 5B as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.003077. 35. By the Houston-AT&T agreement, Houston is entitled to an adjustment to satisfy in the amount of $2,768.83 on Issue 5C as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002763. 36. By the Houston-AT&T agreement, Houston is entitled to an adjustment to satisfy in the amount of $5,052.68 on Issue 6A as to the Interoffice Channel Mileage component related to MegaLink III circuit 21.DHDA.002528. 37. Houston is entitled to a refund of $1,577.16 on Issue 6A related to the two (2) Local Distribution Channel components for MegaLink III circuit 21.DHDA.002528. 38. Houston is entitled to a refund of $1,909.55 on Issue 6A related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA.002528. 39. Houston is entitled to a refund of $10,600.28 on Issue 6B as to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002693. 40. Houston is entitled to a refund of $1,577.16 on Issue 6B related to the two (2) Local Distribution Channel components for MegaLink III circuit 21.DHDA.002693. 41. Houston is entitled to a refund of $7,630.54 on Issue 6C as to the Interoffice Channel Mileage component for MegaLink III circuit 21.DHDA.002880. 42. Houston is entitled to a refund of $1,577.16 on Issue 6C related to the two (2) Local Distribution Channel components for MegaLink III circuit 21.DHDA.002880. 43. Houston is entitled to a refund of $1,909.55 on Issue 6C related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA.002880.
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 13 44. By the Houston-AT&T agreement, Houston is entitled to an adjustment to satisfy in the amount of $11,914.44 on Issue 6D as to the Interoffice Channel Mileage and the two (2) Local Distribution Channel components related to MegaLink III circuit 21.DHDA.003519. 45. By the Houston-AT&T agreement, Houston is entitled to an adjustment to satisfy in the amount of $16,945.92 on Issue 6E as to the Interoffice Channel Mileage and the two (2) Local Distribution Channel components related to MegaLink III circuit 21.DHDA.003520. 46. Houston is entitled to a refund of $1,577.16 on Issue 6F related to the two (2) Local Distribution Channel components for MegaLink III circuit 21.DHDA.002796. 47. Houston is entitled to a refund of $302.67 on Issue 6F related to the two (2) Clear Channel Capability components for MegaLink III circuit 21.DHDA.002796. 48. Houston is entitled to a refund of $1,577.16 on Issue 6G related to the two (2) Local Distribution Channel components for MegaLink III circuit 21.DHDA.002212. 49. Houston is entitled to a refund of $32,634.36 on Issue 7A related to the two (2) Local Distribution Channel components for MegaLink Digital circuit 21.DWDA.040066. Schedule 1 of Contract C52034 refers to USOC DDG, which relates to PL -DDS -Type 1 Digital Access Lines for transmission speed of 56kbps. 50. Houston is entitled to a refund of $5,457.89 on Issue 8A as to the Interoffice Channel Mileage component for MegaLink Digital circuit 21.HWDA.001811. 51. Houston is entitled to a refund of $16,028.01 on Issue 8B, 8C, and 8D related to the Interoffice Channel Mileage component for MegaLink Digital circuits 21.HWDA.001812, 21.HWDA.001813, and 21.HWDA.001814. 52. Upon Houston's receipt of AT&T's payments totaling $333,128.66, the refund due to Houston arising from the complaint of Houston against AT&T in Docket No. 42403, Houston's claims asserted against AT&T in Docket No. 42403 are fully satisfied. 53. As a result of this Order and upon AT&T's compliance therewith, the complaint of Houston against AT&T in Docket No. 42403 is fully adjudicated between the Parties. 54. This proceeding was processed in accordance with the requirements of the Public Utility Regulatory Act, Texas Utility Code 11.001-66.016 (PURA), Texas Government Code 2001.001-.902, and Commission rules.
SOAH DOCKET NO. 473-14-3984 PROPOSAL FOR DECISION ON DISMISSAL PAGE 14 C. Ordering Paragraphs In accordance with the above findings of fact and conclusions of law, the Public Utility Commission of Texas issues the following Order: 1. The request for relief by City of Houston against Southwestern Bell Telephone Company d/b/a AT&T Texas is granted as specified in the above findings of fact and conclusions of law. 2. AT&T is ordered to pay to Houston the sum total of $333,128.66. 3. AT&T is ordered to pay interest at the rate of 0.12%, accruing monthly from the date of January 1, 2015, on those amounts listed for each Issue on Exhibit 1 to the Joint Response to SOAH Order No. 10 filed on June 10, 2015 (Attachment 1), until payment is made. The interest rate is set under Setting Interest Rates for Calendar Year 2015, Project No. 42079 (Dec. 4, 2014). Those amounts include the applicable interest rate for overbillings set by the Commission through December 2014. 4. AT&T is ordered to pay interest at the rate of 0. 12%, accruing monthly from the date of May 1, 2015, on the refund amount provided in the conclusions of law for Issue 1D, Issue 4A, Issue 4B, Issue 4C, Issue 6A (relating to the Interoffice Channel Mileage component only), Issue 6D, and Issue 6E, until payment is made. Each amount includes the applicable interest rate for overbillings set by the Commission through April 2015. 5. The payments referenced in Ordering Paragraph Nos. 2-4 shall be made no later than 60 days from the final order. 6. All other motions, requests for entry of specific findings of fact and conclusions of law, and other requests for general or specific relief, if not expressly granted, are denied. SIGNED November 24, 2015. WENDY - L. HARVE ADMINISTRATIVE LAW JUDGE STATE OFFICE OF ADMINISTRATIVE HEARINGS
Attachment I OUSTON'S ISSUE/COMPONENT EXHIBIT 1 AT&T'S REFUND CALCULATION (with interest through December 2014) AT&T'S REFUND CALCULATION REFERENCED IN AT&T'S RESPONSE TO THIS ONE OF HOUSTON'S MOTION FOR SUMMARY DECISION: 1A/Interoffice Channel Mileage $8,896.07 2nd 1B/Interoffice Channel Mileage $1,553.70 3rd 1C/Interoffice Channel Mileage $765.82 3rd 1E/Interoffice Channel Mileage $8,864.05 1st 1F/Interoffice Channel Mileage $12,308.47 1st 1G/Interoffice Channel Mileage $24,921.59 1st 1H/Interoffice Channel Mileage $10,011.02 ist 2A/Clear Channel Capability $1,367.52 1st 2A/Interoffice Channel Mileage $5,285.88 1st 2B/Clear Channel Capability $1,367.52 1st 2B/Interoffice Channel Mileage $13,822.19 1st 2C/Clear Channel Capability $1,367.52 1st 2C/Interoffice Channel Mileage $29,133.88 1st 2D/Clear Channel Capability $283.49 3rd 2D/Interoffice Channel Mileage $786.52 3rd 2E/Clear Channel Capability $283.49 3rd 2E/Interoffice Channel Mileage $786.52 3rd 2F/Clear Channel capability $725.70 3rd 2F/Interoffice Channel Mileage $10,497.29 3rd 3A/Clear Channel Capability $941.96 3rd 3A/Interoffice Channel Mileage $2,319.52 3rd 3A/Speed Calling $225.01 3rd 3B/Clear Channel Capability $0.00 2nd/3rd 3B/Interoffice Channel Mileage $8,616.29 2nd/3rd 3B/Speed Calling $402.21 3rd 4D/Interoffice Channel Mileage $4,153.76 1st 4E/Interoffice Channel Mileage $3,072.14 3rd 4F/Interoffice Channel Mileage $2,792.41 3rd 5A/Interoffice Channel Mileage $4,164.65 3rd 5B/Interoffice Channel Mileage $4,164.65 3rd 5C/Interoffice Channel Mileage $2,768.83 3rd 6A/Local Distribution Channel $1,577.16 1st 6A/Clear Channel Capability $1,909.55 1st 6B/Local Distribution Channel $1,577.16 1st 6B/interoffice Channel Mileage $10,600.28 1st 6C/Local Distribution Channel $1,577.16 1st 6C/Clear Channel Capability $1,909.55 1st 6C/Interoffice Channel Mileage $7,630.54 1st 6F/Local Distribution Channel $1,577.16 2nd 6F/Clear Channel Capability $302.67 2nd
Attachment I AT&T'S REFUND CALCULATION AT&T'S REFERENCED IN AT&T'S REFUND RESPONSE TO THIS CALCULATION ONE OF HOUSTON'S HOUSTON'S (with interest through MOTION FOR ISSUE/COMPONENT December 2014) SUMMARY DECISION: 6G/Local Distribution Channel $1,577.16 2nd 7A/Digital Local Channel $32,634.36 1st 8A/Interoffice Channel Mileage $5,457.89 3rd 8B, 8C, 8D/Interoffice Channel Mileage $16,028.01 3rd TOTAL $251,008.32
AGENCY: STYLE/CASE: SOAH DOCKET NUMBER: 473-14-3984 REFERRING AGENCY CASE: 42403 STATE OFFICE OF ADMINISTRATIVE HEARINGS AUSTIN OFFICE 300 West 15th Street Suite 502 Austin, Texas 78701 Phone: (512) 475-4993 Fax: (512) 322-2061 SERVICE LIST Public Utility Commission of Texas (PUC) COMPLAINT OF CITY OF HOUSTON AGAINST SOUTHWESTERN BELL TELEPHONE COMPANY dba AT&T TEXAS STATE OFFICE OF ADMINISTRATIVE HEARINGS REPRESENTATIVE / ADDRESS MARK WILDER SOUTHWESTERN TARIFF ANALYST 2514 TANGLEY ST. HOUSTON, TX 77005 (713) 522-7568 (PH) (713) 522-0145 (FAX) mark@staaudit.com ADMINISTRATIVE LAW JUDGE ALJ WENDY KL. HARVEL PARTIES CITY OF HOUSTON CHRISTIE M. VILLARREAL AT&T TEXAS 816 CONGRESS AVE., SUITE 1100 AUSTIN, TX 78701 (512) 457-2305 (PH) (512) 870-3420 (FAX) christie. villarreal. I @att. com SOUTHWESTERN BELL TELEPHONE LP, D/B/A AT&T TEXAS MANDEEP CHATHA ATTORNEY PUBLIC UTILITY COMMISSION OF TEXAS LEGAL DIVISION 1701 N. CONGRESS AVE. AUSTIN, TX 78711-3326 (512) 936-7163 (PH) (512) 936-7268 (FAX) PUBLIC UTILITY COMMISSION OF TEXAS Page 1 of 1