ORIGINAL
C N- T F U D
L
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PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
At a session of the Public Service Commission of West Virginia, in the City of
Charleston, on the 3'd day of January, 2001.
CASE NO. 00-1291-T-C
TUCKER COUNTY DEVELOPMENT AUTHORITY,
215 First Street, Parsons, Tucker County,
Complainant,
V.
CITIZENS MT. STATE TELEPHONE
COMPANY dba CITIZENS COMMUNICATIONS
COMPANY OF WEST VIRGINIA,
Defendant.
COMMISSION ORDER
PROCEDURE AND DISCUSSION
On August 25,2000, the Tucker County Development Authority (Tucker DA) filed
a formal complaint against Citizens Mountain State Telephone Company (Mountain State)
alleging that it is not providing service which has the capability to transfer telephone calls
from one physical location to another physical location in Tucker County. For this reason,
the Alldredge Academy is contemplating moving their business out of Tucker Comty,
thereby threatening a loss of jobs for the County.
On September 7, 2000, Mountain State filed an “Answer and Motion to Dismiss.”
In its filing, Mountain State averred that no other customer has inquired about the kind of
service Alldredge Academy desires, but that it is willing to discuss the viability of providing
phone transfer ability on an individual case basis (i.e., on an untariffed basis) once it has had
an opportunity to review the costs of providing the service and develop pricing.
On December 13, 2000, Commission Staff filed its Final Joint Staff Memorandum
relating that Mountain State is planning on offering call forwarding in Tucker County on an
individual basis at an undetermined rate, of between $3.00 and $6.00 per month per line
forwarded. Mountain State agreed to inform Staff of the actual rate and of the date that the
company begins the service to Alldredge Academy. Staff fmds this to be a reasonable
settlement of the matter. When Staff contacted Alldredge Academy’s attorney on two
occasions, to see if the arrangement would be satisfactory to the Academy, the attorney
stated he was busy. Staff explained why it was calling and requested the attorney call back.
Staff never received a return call.
Staff recommended that Alldredge Academy be given ten (10) days to respond to its
recommendation, and that unless the Academy provided a reason to the contrary, the case
be closed and the settlement Mountain State has offered be approved.
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As of this date, December 27, 2000, Commission Staff has not received a response
from Alldredge Academy, therefore the Commission shall close this case and approve the
settlement that Mountain State has offered.
FINDINGS OF FACT
1.
On August 25,2000, the Tucker County Development Authority filed a formal
complaint against Citizens Mountain State Telephone Company alleging that it is not
providing service which has the capability to transfer telephone calls from one physical
location to another physical location in Tucker County. For this reason, the Alldredge
Academy is contemplating moving their business out of Tucker County, thereby threatening
a loss of jobs for the County.
2.
On September 7, 2000, Mountain State filed an “Answer and Motion to
Dismiss” averring that no other customer has inquired about the lund of service Alldredge
Academy desires, but that it is willing to discuss the viability of providing phone transfer
ability on an individual case basis once it has had an opportunity to review the costs of
providing the service and develop pricing.
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3.
On December 13, 2000, Commission Staff filed its Final Joint Staff
Memorandum relating that Mountain State is planning on offering call forwarding in Tucker
County on an individual basis at an undeterminedrate of between $3.OO and $6.00 per month
per line forwarded, Staff finds this to be a reasonable settlement of the matter.
4.
Staff recommendedthat Alldredge Academy be given ten (10) days to respond
to its December 13,2000 recommendation, and that unless the Academy provides a reason
to the contrary, the case be closed and the settlement Mountain State has offered be
approved.
5.
As of this date, December 27, 2000, Commission Staff has not received
response from Alldredge Academy, therefore the Commission shall close this case and
approve the settlement that Mountain State has offered.
CONCLUSIONS OF LAW
1.
Since the Alldredge Academy has not provided a reason to the contrary, it is
fair and reasonable to approve the settlement that Citizens Mountain State Telephone
Company has offered to Alldredge Academy.
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Publi
mission
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2.
Is fair and reasonable to require Citizens Mountain State Telephone Company
to file, with the Commission the actual rate and of the date that the Company begins the
service to Alldredge Academy.
ORDER
IT IS THEREFORE ORDERED that the settlement proposed by Citizens Mountain
State Telephone Company to Alldredge Academy, for call forwarding in Tucker County on
an individual basis at an as yet undetermined rate, of between $3.00 and $6.00 per month,
per line forwarded, is hereby approved.
IT IS FURTHER ORDERED that Citizens Mountain State Telephone Company shall
file with the Commission the actual rate and the date that the company begins the service to
Alldredge Academy.
IT IS FURTHER ORDERED that upon entry of this order this case shall be removed
from the Commission’s docket of active cases.
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IT IS FURTHER ORDERED that the Commission’s Executive Secretary shall serve
a copy of this order upon all parties of record by United States First Class Mail, and upon
Commission Staff by hand delivery.
OTIS D. CASTO, Commissioner
MART~A
Y. WALK&
Commissioner
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