THE UNITED STATES DEPARTMENT OF DEFENSE, COMPLAINANT V.
GENERAL TELEPHONE CO. OF THE NORTHWEST, GENERAL TELEPHONE CO. OF CALIFORNIA,
GENERAL TELEPHONE CO. OF WISCONSIN, GENERAL TELEPHONE CO. OF FLORIDA, WEST
COAST TELEPHONE CO. OF CALIFORNIA, ST. JOSEPH TELEPHONE & TELEGRAPH CO.,
UNITED TELEPHONE CO. OF THE NORTHWEST,
NEVADA TELEPHONE-TELEGRAPH CO., DEFENDANTS
Docket No. 18536
FEDERAL COMMUNICATIONS COMMISSION
28 F.C.C.2d 713
RELEASE-NUMBER: FCC 71-362
April 14, 1971 Released
Adopted April 8, 1971
JUDGES:
BY THE COMMISSION; CHAIRMAN BURCH
ABSENT; COMMISSIONER JOHNSON DISSENTING AND ISSUING A
STATEMENT; COMMISSIONER HOUSER CONCURRING AND ISSUING A STATEMENT
OPINION:
[*713] 1. Under consideration
is a joint motion filed January 6, 1971, by United Telephone Company of the
Northwest and the Department of Defense, in which movants request that the
complaint in the above-captioned action be dismissed and the proceeding
terminated to the extent that it relates to United Telephone.
2. During certain periods
United Telephone had furnished to the Department of Defense dial restoration
panel equipment a Burns AFS, Oregon, and at Mt. Hebo, Oregon, as a part of a
nationwide communications network known as the AUTOVON Network. The
Company billed and collected for such equipment under its general exchange
tariff filed with the Oregon Public Utility Commissioner; i.e., United
Telephone of the Northwest, P.U.C. Or. No. 1. In a complaint filed by the
Department of Defense, it was alleged that the Company was in violation of
Section 203(c) of the Communications Act of 1934 by charging, collecting and
receiving compensation for such service different from that set forth in
American Telephone and Telegraph Company Tariff FCC No. 260 on file with the
Federal Communications Commission. Movants now assert that an agreement
has been reached resolving their differences. The Company has agreed to
take the necessary steps to eliminate from its Oregon tariff all rates, charges
and regulations regarding or pertaining to dial restoration panel equipment
that has or may be furnished as part of the AUTOVON Network, and to concur in
the rates, charges and regulations related to furnishing such equipment set
forth in the tariff filed with this Commission. The Department of Defense
states that such steps will satisfy the issues raised in the complaint with
regard [*714] to United Telephone, and it has agreed to the
dismissal of the complaint to the extent that it involves such Company.
3. Also under consideration is
a joint motion filed January 6, 1971, by the Nevada Telephone and Telegraph
Company and the Department of Defense in which it is requested that the
complaint herein be dismissed insofar as it relates to Nevada Telephone.
4. It appears that Nevada
Telephone also furnished dial restoration panel equipment as part of the
AUTOVON Network, and it billed and collected for such service under its tariff
on file with the Nevada Public Service Commission (Nevada Telephone-Telegraph
Company, P.S.C.N. Tariff No. 31) rather than under the tariff filed with this
Commission (American Telephone and Telegraph Company Tariff FCC No. 260).
A Section 203(c) violation against Nevada Telephone was charged in a complaint
filed by the Department of Defense, and the parties have now resolved their
differences by an agreement along the lines specified above with respect to
United Telephone. In view of the steps taken by Nevada Telephone and the
fact that the Department is no longer purchasing dial restoration panel
equipment or service from that Company, the Department asserts that its
complaint against Nevada Telephone is satisfied.
5. No objection has been filed
to either motion. We conclude that favorable action on the relief
requested by the parties is warranted and will serve the public interest.
6. Accordingly, IT IS ORDERED
That the joint motion to dismiss filed January 6, 1971, by the United Telephone
Company of the Northwest and the Department of Defense and the Joint Motion
filed January 6, 1971, by the Nevada Telephone and Telegraph Company and the
Department of Defense ARE GRANTED and that the above complaint IS DISMISSED and
the proceeding IS TERMINATED to the extent that it relates to the United
Telephone Company of the Northwest and to the Nevada Telephone and Telegraph
Company.
FEDERAL
COMMUNICATIONS COMMISSION, BEN F. WAPLE, Secretary.
CONCURBY:
HOUSER
CONCUR:
CONCURRING STATEMENT OF COMMISSIONER
THOMAS J. HOUSER
Inasmuch as I have concluded that
the dismissal of the complaint contemplated by the majority's action here would
have no readily definable adverse consequences, I have joined in such
action. However, [*715] I would like to take this opportunity
to lend my support to the sentiments expressed in Commissioner Johnson's
dissent. I would suggest that in reaching determinations of this nature,
it would be of immeasurable benefit to the Commission to receive some formal
staff input as to the public interest ramifications of our decisions. I
would hope that in the future the appropriate Commission bureau would take an
active interest in such matters and provide the Coimmission with their insight
and comment.
DISSENT:
DISSENTING OPINION OF COMMISSIONER
NICHOLAS JOHNSON
There is no extrinsic evidence to
indicate any untoward aspects of this settlement.
My dissent relates to
procedure. I believe the FCC's obligations to make "public
interest" findings go beyond routine acceptance of any settlements
satisfactory to the parties -- in this case the Department of Defense and a
number of telephone companies.
How will the settlement affect the
small telephone user? The staff gives us not one word of comment.
I dissent.