Agenda Date: March 28, 2001 Item Number: 2J Docket: UT-001090 Company Name: One Call Communications, Inc. Staff: Vicki Elliott, Assistant Director, Consumer Affairs Carlene Hughes, Program Coordinator Mark Halliday, Compliance Manager John Foster, Investigator Bruce Grimm, Investigator Alan Dickson, Investigator Foster Hernandez, Investigator Recommendation: Issue a Complaint against One Call Communications, Inc. Accept the proposed Agreement to Penalties to resolve the Complaint. Discussion: The proposed Complaint and Agreement to Penalties in this matter comes from a staff investigation into the business, billing, and disclosure practices of One Call Communications, Inc.( One Call). The investigation was prompted by staff inspections which indicated that One Call operators did not properly identify itself to pay phone consumers and that One Call did not properly offer rate quotes to pay phone consumers at locations where One Call is the operator services provider. Staff notified One Call, by letter dated July 18, 2000, that Staff opened an investigation. In the same letter, Staff requested specific pay phone locations. By letter dated July 31, 2000, One Call transmitted the information requested by Staff. Staff then began test calls from specific pay phone locations. During the ensuing investigation, Staff found the following violations of Commission rule: Improper Branding: WAC 480-120-141(4) requires operator services providers to identify the company name at the outset of all consumer calls. During its investigation, Staff noted 28 instances where operators did not properly identify the company name at the outset of the call. Noncompliance with Verbal Disclosure Requirements: RCW 80.36.520 directs the Commission to adopt rules to assure appropriate disclosure to consumers of the rates, charges, and fees for services provided by an operator services provider. The Commission adopted such rules in WAC 480-120-141(2) on December 29, 1998. During its investigation, Staff noted 31 instances where the operators did not properly offer a rate quote to pay phone consumers. On February 2, 2001, Staff notified One Call of its findings and invited the company to enter into discussions to resolve these issues. Over the next several weeks, Commission Staff and One Call shared information and discussed a possible resolution. These discussions resulted in the proposed Agreement to Penalties presented today. Briefly, in the Agreement, One Call has admitted to violation of Commission rules and has agreed to the following sanctions: $11,400 in penalties; reimbursement of $4,400 to the Commission for the cost of the investigation; and immediate and continued compliance with all state laws and rules. Recommendation Staff recommends the Commission issue a Complaint against One Call Communications, Inc., and accept the proposed Agreement to Penalties to resolve the Complaint.