Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996

Federal RegisterOct 30, 1997

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket 96-128; FCC 97-371]

Pay Telephone Reclassification and Compensation Provisions of the

Telecommunications Act of 1996

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: On October 9, 1997, the Commission adopted a Second Report and

Order in CC Docket 96-128, FCC 97-371, in which it concluded that

interexchange carriers must compensate payphone service providers for

all coinless payphone calls not otherwise compensated pursuant to

contract, including subscriber 800 and access code calls, 0+ and inmate

calls, at the rate of $.284 per call. The Commission based this

decision on the conclusion that the default rate for per-call

compensation for these calls is the deregulated local coin rate

adjusted for cost differences. This rate will continue to be the

default rate for coinless payphone calls for the first two years of

per-call compensation. After the first two years, the market-based

local coin rate adjusted for certain costs is the surrogate for the

default per-call rate.

EFFECTIVE DATE: October 30, 1997.

FOR FURTHER INFORMATION CONTACT: Rose Crellin or Greg Lipscomb, Formal

Complaints and Information Branch, Enforcement Division, Common Carrier

Bureau (202) 418-0960.

SUPPLEMENTARY INFORMATION:

Adopted: October 9, 1997.

Released: October 9, 1997.

By the Commission: Commissioners Quello and Ness issuing

separate statements.

Table of Contents

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Paragraph

Topic No.

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I. Introduction............................................. 1

II. Background.............................................. 6

III. Per-Call Compensation.................................. 16

A. The Standard for Determining Per-Call Compensation... 16

B. Market-Based Compensation Analysis................... 29

C. Alternatives to a Market-Based Compensation Rate..... 68

D. Per-Call Compensation Rate........................... 111

E. Other................................................ 123

IV. Procedural Matters...................................... 134

A. Paperwork Reduction Act Analysis..................... 134

[[Page 58660]]

B. Final Regulatory Flexibility Act Analysis............ 135

V. Conclusion............................................... 165

VI. Ordering Clauses........................................ 166

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Rule Changes

Attachment B--List of Parties Filing Comments

Attachment C--List of Parties Filing Replies

(Note: In the FCC Record version of this order, Attachments are

listed as Appendices, and their order is different from that stated

above.)

I. Introduction

1. In this order, we address the default per-call compensation rate

1 for subscriber 800 and access code calls 2

originated from payphones in light of the decision of the United States

Court of Appeals for the District of Columbia Circuit (the court) in

Illinois Public Telecommunications Ass'n versus FCC, 3 which

vacated and remanded portions of the Payphone Orders. 4 In

that decision, the court concluded that the Commission did not justify

adequately setting the per-call compensation rate for subscriber 800

and access code calls at the deregulated local coin rate of $0.35,

5 because it did not justify its conclusion that the costs

of local coin calls are similar to those of subscriber 800 calls and

access code calls. 6 After seeking additional comment on

this issue, we conclude in this order that the default rate for per-

call compensation of subscriber 800 and access code calls from

payphones is the deregulated local coin rate adjusted for cost

differences. As discussed herein, based on our analysis of the record

and the statutory policy goals of Section 276 of the Communications

Act, 7 we establish a rate of $0.284 per call as the default

per-call compensation rate for subscriber 800 and access code calls for

the first two years of per-call compensation. 8 This rate

will continue to be the default rate for coinless payphones absent a

negotiated rate. Interexchange carriers (IXCs) must pay this per-call

amount to payphone service providers (PSPs) for access code and

subscriber 800 calls beginning October 7, 1997, as required by the

Payphone Orders. 9 After the first two years of per-call

compensation, the market-based local coin rate adjusted for certain

costs is the surrogate for the default per-call rate for subscriber 800

and access code calls. 10

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\1\ The default per-call rate is the rate that shall apply in

the absence of a negotiated agreement between parties during the

first two years of per-call compensation (October 7, 1997, through

October 6, 1999). Thereafter, the default rate, in the absence of a

negotiated agreement, is the market-based local coin rate less

$0.066. For coinless payphones, $0.284 will continue to be the

default rate, absent a negotiated agreement.

\2\ An ``access code'' is a sequence of numbers that, when

dialed, connect the caller to the operator service provider

(``OSP'') associated with that sequence, as opposed to the OSP

presubscribed to the originating line. Access codes include 800

numbers, 10XXX in equal access areas and ``950'' Feature Group B

dialing (950-0XXX or 950-1XXX) anywhere, where the three-digit XXX

denotes a particular interexchange carrier. See Policies and Rules

Concerning Operator Service Access and Pay Telephone Compensation,

57 FR 21038 (May 18, 1992); 7 FCC Rcd 3251, 3251 n.1 (1992) (``OSP

Second Report and Order''). ``Subscriber 800 calls'' consist of

calls to an 800 number assigned to a particular subscriber. See

Implementation of the Pay Telephone Reclassification and

Compensation Provisions of the Telecommunications Act of 1996,

Notice of Proposed Rulemaking, 61 FR 31481 (June 20, 1996); 11 FCC

Rcd 6716 (1996) (``NPRM''). In this order, subscriber 800

encompasses toll-free subscriber calls, including 888 numbers. See

Toll Free Service Access Codes, 61 FR 7738 (February 29, 1996); 11

FCC Rcd 2496 (1996).

\3\ 117 F.3d 555 ( D.C. Cir. 1997) (``Illinois Public

Telecomm.'').

\4\ Implementation of the Pay Telephone Reclassification and

Compensation Provisions of the Telecommunications Act of 1996, CC

Docket No. 96-128, Report and Order, 61 FR 52307 (October 7, 1996),

11 FCC Rcd 20,541 (1996) (``Report and Order''); Order on

Reconsideration, 61 FR 65341 (December 12, 1996), 11 FCC Rcd 21,233

(1996) (``Order on Reconsideration'') (collectively the ``Payphone

Orders'').

\5\ Illinois Public Telecomm., 117 F.3d at 564.

\6\ Id.

\7\ 47 U.S.C. Sec. 276 Communications Act of 1934, Section 276

was added by the Telecommunications Act of 1996 (``1996 Act'').

\8\ In the Payphone Orders, we established a two-part

compensation scheme for subscriber 800 and access code calls, as

well as for local coin calls, to facilitate the transition from a

highly regulated industry to a deregulated one. As noted above, the

court vacated the interim compensation plan regarding compensation

for subscriber 800 and access code calls; the court, however, upheld

the interim compensation plan for local coin calls. Phase one, or

the first year of interim compensation for access code and

subscriber 800 calls, required that IXCs with a certain annual toll

revenue pay PSPs a flat-rate compensation of $45.85 per payphone per

month in shares proportionate to their share of total market long

distance revenues. During the second year of interim compensation

(also, the first year of per-call compensation) we required the IXCs

to pay the PSP for each completed subscriber 800 and access code

call. See Report and Order, 61 FR 52307 (October 7, 1996); 11 FCC

Rcd at 20,568 at para. 51. This order addresses specifically the

first two years of per-call compensation, and as noted above,

establishes a default rate for per-call compensation at $0.284. See

infra paras. 117-22.

\9\ The Payphone Orders state that LEC PSPs are entitled to be

paid per-call compensation by IXCs for access code and subscriber

800 calls when they have complied with the requirements of the

Payphone Orders and will certify to that effect. Order on

Reconsideration, 61 FR 65341 (December 12, 1996); 11 FCC Rcd at

21,293-94, paras. 130-32. We note that the Commission did not

establish a requirement that LEC PSPs obtain a formal certification

of compliance from the Commission or the states to receive per-call

compensation pursuant to the Payphone Orders.

\10\ As determined in this order, the difference between the

per-call rate for subscriber 800 and access code calls and the local

coin rate is $0.066.

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2. The compensation amount we adopt in this Second Report and Order

is applicable, as Section 276(d) provides, to ``[t]he provision of

public or semi-public pay telephones, the provision of inmate telephone

service in correctional institutions, and any ancillary services.''

11 We previously have declined to treat 0+ and calls from

inmate payphones differently from other payphone calls, 12

and we reaffirm that decision here. As of October 7, 1997, PSPs must be

compensated for all payphone calls not otherwise compensated pursuant

to contract, including 0+ and inmate calls.

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\11\ 47 U.S.C. Sec. 276(d).

\12\ See Report and Order, 61 FR 52307 (October 7, 1996); 11 FCC

Rcd at 20,579, para. 74; Order on Reconsideration, 61 FR 65341

(December 12, 1996); 11 FCC Rcd at 21,259, para. 52. A 0+ call

occurs when the caller dials ``0'' plus the called telephone number.

0+ calls include credit card, collect, and third number billing

calls. See OSP Second Report and Order, 7 FCC Rcd at 3251 n.4. 0-

calls are calls in which the caller dials only the digit ``0'' and

then waits for operator intervention. 0-transfer service is a

service offered by LECs to OSPs under which LECs transfer a 0-call

to the OSP requested by the calling party. See OSP Second Report and

Order, 57 FR 21038 (May 18, 1992); 7 FCC Rcd at 3255 n.44.

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3. The immediate implementation of the rule provisions adopted

herein is crucial to the Commission's efforts to ensure fair

compensation for PSPs, encourage the deployment of payphones, and

enhance competition among payphone providers, as mandated by Section

276 of the Act.13 The Commission's Payphone Orders require

that per-call compensation for certain payphone calls begin by October

7, 1997. To meet this obligation, we must revise those rules vacated by

the court in Illinois Public Telecomm. that relate to the

implementation of a per-call compensation scheme and commence on

October 7, 1997. The Report and Order, released September 20, 1996 (61

FR 52307 (October 7, 1996)), informed parties that per-call

compensation would commence on October 7, 1997.14 Therefore,

parties affected by this rule change have had notice since the release

of that order that they would be subject to certain obligations

beginning October 7, 1997. Making this order effective immediately

[[Page 58661]]

minimizes disruption within the payphone industry by eliminating

disputes about payment obligations and enhances the general

availability of payphone services to the public.

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\13\ The normal period until effectiveness in a rulemaking is

thirty days after publication of the changed rules in the Federal

Register, but we accelerate that period here for good cause,

pursuant to Section 553(d) of the Administrative Procedure Act. See

5 U.S.C. Sec. 553(d).

\14\ This requirement established in the Report and Order

becomes effective October 7, 1997, one year after publication in the

Federal Register, 61 FR 52,307 (1996).

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4. This order does not address other issues vacated and remanded by

the court or otherwise alter the requirements of the Payphone Orders.

Other requirements remanded in Illinois Public Telecomm., including the

compensation obligations applicable during the period from November

1996, through October 6, 1997, will be addressed in a subsequent order

in this proceeding. We tentatively conclude in this regard that the

$0.284 per-call rate we are adopting as a default rate on a going

forward basis should also govern compensation obligations during the

period ending October 6, 1997. We also tentatively conclude that PSPs

are entitled to compensation for all of their access code and

subscriber 800 calls during this period. We plan to address the manner

in which the total payment obligation for that period will be

calculated and allocated among IXCs in a subsequent order.

5. We note that the Common Carrier Bureau (Bureau) has granted a

limited waiver, until March 9, 1998, for those payphones that cannot

provide payphone-specific digits as required by the Payphone

Orders.15 This limited waiver applies to the requirement

that local exchange carriers (LECs) provide payphone-specific coding

digits to PSPs, and that PSPs provide coding digits from their

payphones before they can receive per-call compensation from IXCs for

subscriber 800 and access code calls. This limited waiver was granted

by the Bureau to afford LECs, IXCs, and PSPs an extended transition

period for the provision of payphone-specific coding digits without

further delaying the payment of per-call compensation as required by

Section 276 of the Act and this order. The Bureau made this limited

waiver effective immediately in order to ensure that PSPs receive per-

call compensation beginning October 7, 1997.

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\15\ Order on Reconsideration, 61 FR 65341 (December 12, 1996);

11 FCC Rcd at 21,278-79, paras. 93-95. See Bureau Waiver Order, DA

97-2162 (rel. Oct. 7, 1997).

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II. Background

6. In the Payphone Orders,16 the Commission adopted new

rules and policies governing the payphone industry to implement Section

276 of the Act. Those rules and policies: (1) establish a plan to

ensure fair compensation for ``each and every completed intrastate and

interstate call using [a] payphone[;]'' 17 (2) discontinue

intrastate and interstate carrier access charge service elements and

payments in effect on such date of enactment, and all intrastate and

interstate payphone subsidies from basic exchange services;

18 (3) prescribe nonstructural safeguards for Bell Operating

Company (``BOC'') payphones; 19 (4) permit the BOCs to

negotiate with payphone location providers on the interLATA carrier

presubscribed to their payphones; 20 (5) permit all payphone

service providers to negotiate with location providers on the intraLATA

carriers that presubscribed to their payphones; 21 and (6)

adopt guidelines for use by the states in establishing public interest

payphones to be located ``where there would otherwise not be a

payphone[.]'' 22

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\16\ Report and Order, 61 FR 52307 (October 7, 1996); 11 FCC Rcd

at 20,541; Order on Reconsideration, 61 FR 65341 (December 12,

1996); 11 FCC Rcd at 21,233.

\17\ 47 U.S.C. Sec. 276(b)(1)(A).

\18\ 47 U.S.C. Sec. 276(b)(1)(B).

\19\ 47 U.S.C. Sec. 276(b)(1)(C).

\20\ 47 U.S.C. Sec. 276(b)(1)(D).

\21\ 47 U.S.C. Sec. 276(b)(1)(E).

\22\ 47 U.S.C. Sec. 276(b)(2).

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7. In the Report and Order, the Commission noted that the 1996 Act

erects a ``procompetitive deregulatory national framework designed to

accelerate rapid private sector deployment of advanced

telecommunications and information technologies and services to all

Americans by opening all telecommunications markets to competition.''

23 Thus, we sought to advance the twin goals of Section 276

of the Act of ``promot[ing] competition among payphone service

providers and promot[ing] the widespread deployment of payphone

services to the benefit of the general public * * * ,'' 24

by eliminating the effects of some long-standing barriers to full

competition in the payphone market. To effectuate this objective, we

concluded that we would continue to regulate certain aspects of the

payphone market, but only until such time as the market evolves to

erase these sources of market distortions. 25

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\23\ S. Conf. Rep. No. 104-230, 104th Cong. 1 (1996).

\24\ 47 U.S.C. Sec. 276(b)(1).

\25\ A number of parties subsequently filed petitions

requesting that the Commission reconsider or clarify the rules the

Commission adopted in the Report and Order. In the Order on

Reconsideration, we substantially affirmed the rules adopted in the

Report and Order. We denied all but two of the requested

reconsiderations; those exceptions are not at issue here. In the

Order on Reconsideration, the Commission modified: (1) the

requirements for LEC tariffing of payphone services and unbundled

network facilities; and (2) the requirements for LECs to remove

unregulated payphone costs from the carrier common line charge and

to reflect the application of multiline subscriber line charges to

payphone lines. See Order on Reconsideration, 61 FR 65341 (December

12, 1996); 11 FCC Rcd at 21,234, para. 3.

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8. Section 276(b)(1)(A) of the Act directs the Commission to

establish a plan to ensure that all PSPs are fairly compensated for

every completed call. 26 We defined ``fair compensation'' as

the amount to which a willing seller (i.e. PSP) and a willing buyer

(i.e. customer, or IXC) would agree for the completion of a payphone

call. For certain calls, the PSP received no revenue for originating

certain calls (i.e., for subscriber 800 and other toll-free number

calls) and could not block callers from making such calls (access code

calls). Based on evidence in the record, we noted in the Report and

Order that the number of these types of calls completed from payphones

had proliferated in the past several years, 27 and we

concluded that PSPs must be compensated for access code, subscriber

800, and other toll-free number calls, whether they are

jurisdictionally intrastate or interstate. 28

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\26\ See 47 CFR Sec. 276(b)(1)(A) (directing the Commission to

establish a plan ``to ensure that all payphone service providers are

fairly compensated for each and every completed intrastate and

interstate call using their payphone''). See also Report and Order,

61 FR 52307 (October 7, 1996); 11 FCC Rcd at 20,566, para. 48.

\27\ See Report and Order, 61 FR 52307 (October 7, 1996); 11 FCC

Rcd at 20,568, para. 52 n.187.

\28\ See id. at 20,568, para. 52.

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9. In the Report and Order, we concluded that the payphone

marketplace has low entry and exit barriers and likely will become

increasingly competitive, 29 and that the market generally

is best able to set the appropriate price for payphone calls, including

local coin calls, in the long term. 30 Therefore, because we

have an obligation under Section 276 to ensure that the compensation

for all local coin calls is fair, we concluded that the local market

should be allowed to set the price for all compensable calls unless a

state demonstrated that competition would not constrain prices; for

example, payphones at certain locations would be priced at monopoly

rates. This approach is appropriate, because once PSPs are free to

enter the market, and once callers are free to choose payphones for

their calls, the market ultimately will determine whether a particular

payphone is economically viable. Therefore, in the Payphone Orders, we

concluded that the appropriate per-call compensation amount, in the

absence of a negotiated agreement, ultimately is the amount the

particular payphone charges for a local coin call, because the market

will determine the fair compensation

[[Page 58662]]

rate for those calls. We further concluded that if a rate is

compensatory for local coin calls, then it is an appropriate

compensation amount for other calls as well, because we found the costs

of originating various types of payphone calls such as access code and

subscriber 800 calls to be similar to the costs incurred when

initiating a local coin call. 31

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\29\ See id. at 20,547, para. 11.

\30\ See id. at 20,567, 20,577, paras. 49, 70.

\31\ Id. at 20,577-78, para. 70; Order on Reconsideration, 61 FR

65341 (December 12, 1996); 11 FCC Rcd at 21,268-69, para. 71.

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10. Before we moved to a local coin call default rate, however, we

found that it was necessary to observe over time how the payphone

marketplace would function in the absence of regulation. In particular,

we concluded that consumers facing time constraints may not be able to

find, in certain locations, a reasonable substitute for a payphone

located on the premises. We stated that in these cases where the

location provider has an exclusive contract with a PSP, the PSP may be

able to charge supra-competitive prices. The location provider would

share in the resulting ``locational rents'' through commissions paid by

PSPs. We concluded that to the extent that market forces cannot ensure

competitive prices at such locations, we may want to continue

regulating, along with the states, the provision of payphone services

generally or in particular types of locations where the size of the

location or the caller's lack of time to identify potential substitute

payphones could lead to locational monopolies. To allow us to ascertain

the status of competition in the payphone marketplace, we concluded

that we should establish the default per-call rate before leaving it to

the market to set the rate, absent any changes in our rules.

11. We recognized that competitive conditions, which are a

prerequisite to a deregulatory market-based approach, did not exist

yet, and would not be achieved instantaneously. Therefore, we

established an interim compensation plan to ease the transition to

market-based local coin rates and ensure fair compensation for coin and

noncoin calls. In particular, we established a two phase interim plan

to address coin calls. During the first year (phase) the states would

be responsible for ensuring that PSPs were fairly compensated for local

coin calls as well as for protecting consumers from excessive rates. We

concluded that states could continue to set the local coin rate during

the year prior to market-based per-call compensation. During the second

phase, beginning October 7, 1997, we stated that the market would set

the price for the local coin call, absent particular state concerns,

and the need for modification. 32

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\32\ See Report and Order, 61 FR 52307 (October 7, 1996); 11 FCC

Rcd at 20,572, para. 60 (further stating that states are empowered

to act where concerns exist about market failures, and that the

Commission could address such market concerns if necessary).

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12. Additionally, in the Payphone Orders, the Commission

established a two-year interim plan for payphone compensation for

subscriber 800 and access code calls based on a rate of $0.35 per call

that began November 7, 1996. For the first year after the effective

date of the rules adopted in this proceeding, we required that IXCs pay

flat-rate compensation to PSPs. More specifically, under the first year

of the interim plan, IXCs with annual toll revenues in excess of $100

million were required to pay, collectively, a flat-rate compensation of

$45.85 per payphone per month in shares proportionate to their share of

total market long distance revenues. During the second year of the

interim plan, which is the first year of per-call compensation, all

IXCs were required to pay $0.35 per subscriber 800 call or access code

call unless they contracted with the PSP to pay a different amount.

33

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\33\ We noted that $0.35 was the local coin rate in four of the

five states where the local coin rate had been deregulated and

concluded that the market-based rate in those states was the best

evidence of the per-call compensation amount for PSPs for the first

two years of interim compensation. See Letter to William Caton,

Acting Secretary, FCC from Michael Kellogg, Counsel, Coalition (Aug.

30, 1996) (noting that the local coin rate is $0.35 in four of the

five states that have deregulated the local coin rate). The

Coalition is comprised of the Bell Operating Companies (``BOCs'')--

Ameritech, the Bell Atlantic Telephone Companies, BellSouth

Corporation, Pacific Bell, Nevada Bell, Southwestern Bell Telephone

Company, and US West--together with GTE Service Corporation

(``GTE'') and Southern New England Telephone Company (``SNET''). See

also Report and Order, 61 FR 52307 (October 7, 1996); 11 FCC Rcd at

20,578, para. 72. As we noted above, we believed the costs to

originate access code and subscriber 800 calls were similar to those

incurred when initiating a local coin call, and thus established a

default rate based on the deregulated local coin rate. We note that

of seven states that now have deregulated local coin rates, in five

states (Michigan, Iowa, Nebraska, North Dakota and Wyoming) the rate

is $0.35, and in two states (Montana and South Dakota) the rate is

$0.25. See Ex Parte Presentation to FCC from Michael Kellogg,

Counsel, Coalition (Sept. 26, 1997). In this order, the one year

per-call compensation period subject to the $0.284 default rate is

extended to two years.

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13. Numerous parties filed petitions in federal court seeking

review of the Payphone Orders. In Illinois Public Telecomm, the court

affirmed important parts of the Commission's rules implementing Section

276, but also vacated and remanded certain other aspects of those

rules. The court overturned our determination in the Payphone Orders

regarding: (1) the interim and permanent compensation rates established

for access code and subscriber 800 calls; (2) the requirement that only

those IXCs with annual toll revenues over $100 million pay PSPs for

these calls during the first year of the interim period; (3) the

failure to provide any interim compensation to BOC PSPs for ``0+''

calls and calls made from inmate payphones; and (4) the use of fair

market value for payphone assets transferred from a BOC to a separate

affiliate. 34

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\34\ Illinois Public Telecomm., 117 F.3d at 558.

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14. By Public Notice released August 5, 1997, we sought comment on

the issues remanded by the court. 35 We sought comment on

the differences in costs to the PSP of originating subscriber 800 and

access code calls as compared to local coin calls. 36 We

sought comment on whether these potential differences in costs should

affect a market based compensation amount, and if so, how.

37 We sought comment on whether the local coin rate--subject

to an offset for expenses unique to those calls--is an appropriate per-

call compensation rate for calls that are not compensated pursuant to a

contract or other arrangement, such as subscriber 800 calls and access

code calls. 38 We stated that parties should respond

specifically to concerns raised by the court in setting forth their

views on the appropriate per-call compensation amount. 39

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\35\ See Pleading Cycle Established for Comment on Remand

Issues in the Payphone Proceeding, CC Docket No. 96-128, 62 FR 43686

(August 15, 1997); DA 97-1673, rel. Aug. 5, 1997 (Notice). In the

Notice we indicated that we placed the industry on notice that

payphone compensation obligations, or the absence of such

obligations, incurred by providers of interexchange services, and

compensation levels paid or received under our existing rules

pending action on remand, may be subject to retroactive adjustment.

Id. at 1. With regard to the interim compensation plan, we

specifically sought comment on compensation for subscriber 800,

access code, and 0+ calls, and on retroactive adjustments to interim

compensation levels and obligations. See id.

\36\ See id. at 2.

\37\ Id.

\38\ Id.

\39\ Id. at 3.

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15. This order addresses only the amount of default per-call

compensation. We decline to address in this order other issues related

to the implementation of the per-call compensation

structure.40 Because the court vacated and remanded the per-

call compensation rate for access code and subscriber 800 calls, we

have sought to act expeditiously to reevaluate the default per-call

rate. We conclude, because of the exigency of the situation wherein

PSPs are not receiving per-call

[[Page 58663]]

compensation as required by Congress in Section 276, that we must

address quickly and efficiently the most urgent issue--the per call

compensation amount to be paid by IXCs to PSPs beginning on October 7,

1997, the beginning of per-call compensation.

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\40\ See infra paras. 123-33.

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III. Per-Call Compensation

A. The Standard for Determining Per-Call Compensation

16. In the Notice, we sought comment on whether the market-based

local coin rate--subject to an offset for expenses unique to those

calls--is an appropriate per-call compensation rate for calls that are

not compensated pursuant to a contract or other arrangement, such as

subscriber 800 and access code calls.41 In Illinois Public

Telecomm., the court in particular concluded that the Commission did

not adequately justify ``tying the default rate [for per-call

compensation] to local coin rates.'' 42 The court found

evidence in the record that the costs of coin calls are higher than

those for coinless calls because: (1) additional costs are incurred for

equipment and coin collection; and (2) the PSP pays for originating and

terminating local calls, while for coinless calls the PSP only pays for

originating the calls.43 Therefore, the court stated that

setting the per-call compensation for subscriber 800 calls and access

code calls at the deregulated local coin rate of $0.35 was not

justified, and vacated and remanded the issue to the Commission for

further consideration.44

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\41\ See Notice at 2-3.

\42\ Illinois Public Telecomm. 117 F. 3d at 564.

\43\ Id. at 563-64.

\44\ See id.; Illinois Public Telecomm., Supplemental Opinion,

slip op. at 2.

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1. Comments 45

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\45\ Abbreviations for parties are listed in Attachments B and

C. The following section includes the analyses of the comments and

reply comments submitted in this proceeding. Although for

presentation the comments are summarized generally by subject area,

we consider these comments and replies in reaching our decisions

wherever the comment and reply comments are appropriate.

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17. APCC asserts that Illinois Public Telecomm. affirms the

Commission's market-based approach to determine compensation and does

not mandate an analysis of costs.46 According to APCC, the

court also affirmed the Commission's finding that the payphone

marketplace is competitive, even if market forces do not yet operate

freely for dial-around calling.47 APCC further argues that

the court did not preclude the Commission from relying on market-based

surrogates, such as the local coin rate, or require the Commission to

calculate an exact cost differential to be reflected in the per-call

compensation figure.48 The Commission, APCC asserts, could

exclude consideration of cost evidence altogether and focus solely on

market price indicators.49 APCC contends that the court

objected only to the Commission's attempt to compare the costs of dial-

around calls and local coin calls.50 Only if the Commission

continues to rely on cost comparisons as a factor in the application of

a market-based approach, must the Commission adhere to the reasoning

issues raised by the court, states APCC.51 Parties further

contend that a market-based approach will fulfill the requirements of

the statute, i.e., provide rates that ``fairly compensate'' PSPs and

``promote competition among payphone service providers and the

widespread deployment of payphone services.'' 52 APCC

alleges that the IXCs do not provide any arguments for rejecting a

market-based approach, and challenges the arguments that there are

local payphone provider monopolies that prevent the payphone market

from being competitive.53 Peoples adds that PSPs are not

monopoly providers because Commission rules require PSPs to unblock

access code calls, giving every caller the option to dial around a

PSP's presubscribed service provider or to use a debit card to reach a

carrier of their choice.54

---------------------------------------------------------------------------

\46\ See APCC Comments at 2-3; see also CCI Comments at 5.

\47\ APCC Comments at 2-3.

\48\ Id. at 3-4.

\49\ Id.

\50\ APCC Reply at 5.

\51\ Id. at 6.

\52\ APCC Comments at 2 (citing 47 U.S.C. Secs. 276(b)(1),

(1)(A)). See Coalition Reply at iv, 2, 5.

\53\ APCC Reply at 7.

\54\ Peoples Reply at 4.

---------------------------------------------------------------------------

18. The Coalition argues that the court did not question the

Commission's decision to rely on market-determined prices rather than

regulatory accounting procedures.55 The Coalition asserts

that the court did not require the Commission to abandon its market-

based proxies, but instead required the Commission to consider

appropriate differences, such as originating costs, between coin and

coinless calls.56

---------------------------------------------------------------------------

\55\ Coalition Reply at 6; Coalition Comments at 11-13.

\56\ Id.

---------------------------------------------------------------------------

19. AT&T asserts that the court found that the Commission acted

unlawfully in establishing an assumed market rate for coinless calls,

because the Commission ignored record evidence on the cost differences

between coin and coinless calls.57 Because of this error,

AT&T states, the court found that there was no rational basis for the

Commission's conclusion that per-call compensation should be set at the

assumed deregulated market price, and therefore, that the Commission's

compensation rate could not stand.58

---------------------------------------------------------------------------

\57\ AT&T Reply at 2; see also ACTA Comments at 3, CWI Comments

at 11.

\58\ AT&T Comments at 3-4.

---------------------------------------------------------------------------

20. Frontier similarly argues that the court did not endorse the

Commission's market-based approach,59 and further, that the

court found the Commission's conclusion that the local coin rate

represents the best surrogate of the costs of completing local calls

unjustified.60

---------------------------------------------------------------------------

\59\ Frontier Reply at 3-4.

\60\ Id. (stating that the ``court plainly tied its assessment

of what constitutes reasonable compensation to the costs of

completing coinless calls'').

---------------------------------------------------------------------------

21. Sprint asserts that although the Commission used a market-based

approach to determine local coin rates, the Commission never purported

to use a market-based approach for per-call compensation for access

code and subscriber 800 calls.61 Instead, Sprint contends

that the Commission has viewed costs as the appropriate approach from

the outset, and has sought surrogates for originating costs while

rejecting non cost-based market surrogates.62

---------------------------------------------------------------------------

\61\ Sprint Reply at 14.

\62\ Id. at 14-15.

---------------------------------------------------------------------------

22. PageMart and CPI argue that the great disparity in the record

between the market rates and costs demonstrates that the payphone

market is not yet competitive, 63 because price in a truly

competitive market would have been driven closer to cost.64

PageNet argues that market rates are misleading, because, as consumers,

IXCs cannot decline a sale, i.e., block incoming payphone calls, and

thus have a weakened market power.65 WorldCom asserts that

market-based rate would be more arbitrary and artificial than rates

based on objective and verifiable costs.66

\63\ CPI Comments at 3 (arguing that a market-based rate is

inappropriate because the payphone industry is not competitive, and

because PSPs are monopolies or near monopolies).

\64\ PageMart Reply at 7.

\65\ See PageNet Comments at 9-11; PageNet Reply at 5, 7. See

also Section D infra (discussing reconsideration of caller pays and

the paging carriers arguments that only a calling party pays system

would result in a true market rate); see also WorldCom Comments at

3-4 (arguing that the rates being proposed by the LECs and PSPs--

between $0.42 and $0.63 per call--would not be accepted if the

consumer paid them directly).

\66\ WorldCom Reply at 3.

---------------------------------------------------------------------------

2. Discussion

23. Despite a careful review, we find no statement in the court's

decision that precludes us from relying on market-based surrogates, or

requires us to determine a rate based on cost data

[[Page 58664]]

submitted by incumbent LECs, independent PSPs, and other parties to

determine the new per-call rate. The court did not reject the concept

of linking the market-based local coin rate to the per-call rate for

access code and subscriber 800 calls based on the similarity in costs,

nor conclude that our approach was irrational. Rather, the court

concluded that the Commission had not responded to information on the

record regarding the cost disparities between the cost of providing

coin calls and subscriber 800 and access code calls. Therefore, the

court concluded that adoption of the default rate without further

explanation was arbitrary and capricious.67

---------------------------------------------------------------------------

\67\ See supra para. 13.

---------------------------------------------------------------------------

24. The 1996 Act does not prescribe a particular course to ensure

that all PSPs are fairly compensated for each and every

call.68 Nothing on the record in response to the Notice

persuades us to change the deregulatory scheme established in the

Payphone Orders. Based on the record in this proceeding, we affirm our

decision in the Payphone Orders to use a market-based default rate for

per-call compensation for subscriber 800 and access code calls. We

conclude for the reasons stated there that a market-based rate best

responds to the competitive marketplace for payphones consistent with

the deregulatory scheme we adopted in the Payphone Orders for the

provision of payphone services pursuant to Section 276, and also will

effectively advance the statutory goals of encouraging competition and

promoting the deployment of payphones.

---------------------------------------------------------------------------

\68\ 47 U.S.C. Sec. 276(b)(1).

---------------------------------------------------------------------------

25. As discussed above, because of market imperfections such as the

inability of PSPs to block access code and subscriber 800 calls, we

concluded in the Payphone Orders that a default rate was necessary to

ensure that PSPs received fair compensation during the transition to a

deregulated market. We also concluded in those orders, as we conclude

here, that the default rate should be market-based. The method we use

in this order to estimate a reasonable default per-call compensation

rate addresses the court's concerns as well as those raised on the

record in response to the Notice by LECs, IXCs, and PSPs. Specifically,

our approach continues to rely on a market-based rate (the local coin

rate).

26. We, however, adjust the market-based local coin rate for

differences in the costs of coin and coinless operation, reducing the

market-based local coin rate for coin-related costs and increasing the

market-based local coin rate to reflect costs that are related to

access code and subscriber 800 calls. In addition, in response to the

arguments of parties in this proceeding that a market-based rate would

be unreasonable and that we must establish a rate based on cost data

submitted by the parties, we also have performed an analysis of those

cost data to test the reasonableness of the selected per-call market-

based rate. As discussed below, we find based on this analysis that the

adjusted market-based rate is reasonable. Accordingly, we conclude that

the deregulated local coin rate, adjusted for cost considerations, is a

reasonable market-based surrogate for determining the default per-call

compensation rate and specifically responds to the court's concerns

that cost differences between coin calls and coinless access and

subscriber 800 calls be explained. Furthermore, we conclude that the

per-call rate established in this order will further the goals of

Section 276 and is in the public interest.

27. The record on remand supports our prior conclusion that per-

call compensation should be set by the marketplace and that full and

unfettered competition is the best mechanism to achieve Congress' dual

policy objectives.69 Competition over time will lead to the

more efficient placement of payphones, improved payphone service, and

lower prices for consumers. To encourage competition in the payphone

marketplace, we ensure in this Second Report and Order that PSPs are

fairly compensated for ``each and every completed intrastate and

interstate call.''

---------------------------------------------------------------------------

\69\ 47 U.S.C. Sec. 276(b)(1).

---------------------------------------------------------------------------

28. We conclude that because we make the per-call amount subject to

negotiations, the marketplace will make the appropriate adjustments in

the per-call rate. We established the per-call default rate to be

applied only if the PSP and the IXC are unable to negotiate some other

rate of compensation for compensable calls. Negotiations may lead to

rates other than the default rate for several reasons. First, because

virtually all of the costs are fixed costs and are not incurred on a

per-call basis, an IXC and a PSP might agree to a flat-rated charge

rather than a usage-based compensation rate. Second, there may be

locations where a payphone would not be viable financially if

compensated at only the default rate per compensable call, but would be

viable at a higher compensation rate. If an IXC found it profitable to

carry calls at this higher rate, it would be in the mutual interest of

the two parties to agree on a higher rate. Third, IXCs may choose to

pass on the per-call compensation rate to their customers. In the case

of 800 subscriber calls, the IXC could pass on the cost to the called

party. If the called party refused to accept calls for which it was

charged the default rate, but was willing to accept calls with a lower

charge, the IXC and the PSP may find it in their mutual interest to

negotiate a per-call rate lower than the default rate. Fourth, in

locations where a competing payphone could be placed without the

permission of the location provider, a PSP may be willing to negotiate

a lower rate than the default rate, rather than give an IXC the

incentive to place a competing payphone.

B. Market-Based Compensation Analysis

29. As discussed above, we conclude that the appropriate rate of

per-call compensation for access code and subscriber 800 calls is the

market-based local coin rate adjusted for costs. In setting the per-

call compensation rate for the first two years of per-call

compensation, we begin with the $0.35 market-based local coin rate

established in the Payphone Orders and adjust that rate to remove coin-

related costs and add costs specific to subscriber 800 and access code

calls.

1. Comments

30. Market Rate. APCC, the Coalition, Peoples, and CCI request that

the Commission adopt a market-based per-call compensation rate, and

furthermore, assert that the underlying costs attributable to both coin

and noncoin calls are similar.70 APCC contends that any

market-based rate-setting mistakes are self-corrective, because the

market will demonstrate the mistake.71 APCC further contends

that contrary to the IXCs position, the market will prevent PSPs from

gaining any long term windfall, and would force any such ``windfall,''

to be passed on to consumers.72 APCC contends that market-

based rates are more objective than the subjective components of cost-

based rates.73

---------------------------------------------------------------------------

\70\ See APCC Comments at 4; APCC Reply at 10 (stating that the

Commission adopted a market-based approach in the Payphone Orders,

and that the Commission should apply that approach in the instant

proceeding); Peoples Comments at 8 (stating that the cost of a dial

around call is similar to the deregulated market rate). See also

Coalition Reply at 2-3 (stating that once the cost analyses provided

by the IXCs are corrected for costs that should be included, the

cost of a call reaches, and in some cases exceeds, the market rate).

\71\ APCC Comments at 5.

\72\ APCC Reply at 14.

\73\ APCC Comments at 6.

---------------------------------------------------------------------------

31. The Coalition further maintains that the market will reflect

variations from region to region and payphone to

[[Page 58665]]

payphone.74 The Coalition urges that the market rate be the

local coin rate adjusted to reflect the relative elasticities of demand

of the various types of calls.75 The Coalition contends that

under market conditions sellers will tend to load costs onto services

for which prices are less likely to fluctuate, i.e., that have a lower

elasticity of demand, than onto services that have a higher price

sensitivity. The Coalition further argues that the elasticity of demand

for local coin calls is higher than for long distance calls. In other

words, the Coalition argues, customers of local calls will respond more

quickly to price changes than customers of 0+, subscriber 800 and dial-

around calls.76 Thus, the Coalition contends, the price of

long distance calls should be the local call rate adjusted upward to

reflect the lower elasticity of demand and the greater proportion of

costs, relative to local calls, that such calls will carry under true

market conditions.77

---------------------------------------------------------------------------

\74\ Coalition Reply at 6 (citing Order on Reconsideration, 61

FR 65341 (December 12, 1996); 11 FCC Rcd at 21,268-69, para. 71).

\75\ Coalition Comments at 22.

\76\ Id. at 23.

\77\ Id. at 12-14; Coalition Reply at 4, 14-15.

---------------------------------------------------------------------------

32. CCI, an independent payphone provider, argues that the

Commission should adopt a market-based surrogate, and contends that

there are few differences between the costs of a local coin call and a

subscriber 800 or access code call.78 CCI argues, however,

that even under a cost-based approach, the cost of a local coin call

and a dial around call is approximately $0.35.79

---------------------------------------------------------------------------

\78\ CCI Comments at 2.

\79\ See id.

---------------------------------------------------------------------------

33. Several of the IXCs assert that the retail price for local coin

calls is not an appropriate surrogate for the costs of a noncoin call,

because there are substantial cost differences between these two types

of calls.80 AT&T and MCI assert that if the Commission

develops a rate based on an offset from the local coin rate, the offset

should be at least fifty percent,81 or based on the rate

negotiated between AT&T and APCC in 1994 for dial-around access code

calls.82 MCI asserts that a market-based rate, being higher

than a cost-based rate, would lead to increased blocking by 800

subscribers, as those subscribers try to avoid having to pay IXCs for

unduly high payphone charges.83 MCI also asserts that

market-based rates are artificially driven up by location owners

holding out for the highest bidding PSP.84 These higher,

market-based rates will lead to an unwarranted income transfer from

consumers to payphone providers, MCI contends, because excessively high

rates will encourage PSPs to place payphones in increasingly marginal

locations.85 The Coalition disputes MCI's assertion that a

market-based rate would lead to increased blocking arguing that PSPs

have an interest in seeing calls completed, which call blocking would

defeat, and an acceptable market rate would result in more completed

calls.86

---------------------------------------------------------------------------

\80\ See, e.g., AT&T Comments at 4, 6; AT&T Reply at 4 (stating

that market-based compensation is unrelated to and in excess of

costs to originate coinless calls); Excel Reply at 1; MIDCOM

Comments at 4-6 (stating that any alleged market rate would be

distorted by the binding contracts to which the majority of payphone

locations already are subject).

\81\ See AT&T Comments at 13; MCI Reply at 3.

\82\ See AT&T Reply at 12-13 (explaining that since AT&T

negotiated the 25 cent rate, the average price of a dial around call

has declined).

\83\ MCI Comments at 4.

\84\ MCI Reply at 10.

\85\ Id.

\86\ Coalition Reply at 8-9.

---------------------------------------------------------------------------

34. Local Coin Rate as Surrogate. Several of the PSPs argue that if

the local coin calling rate is used, no significant adjustment for cost

differences between the coin rate and dial-around calls is required,

because any cost differences are minimal.87

---------------------------------------------------------------------------

\87\ See APCC Comments at 11-15 (arguing that fixed payphone

costs do not change with the presence of dial-around calls, and

further that there are no major differences in the variable costs);

see also TEI Comments at 2; CCI Comments at 6-8 (arguing that the

deregulated coin rate of $.35 per call is an appropriate surrogate).

---------------------------------------------------------------------------

35. Peoples argues that a single, flat default rate would simplify

procedures, much as a first-class postage stamp covers mail that goes

various distances.88 Peoples further argues that the local

coin rate is such a flat rate, because it is used to originate all

types of calls from a payphone.89 Moreover, Peoples argues,

coinless calls alone do not justify installing a payphone; payphones

are installed for coin calls, thus, the local coin rate is a good

market measure for all of the calls that originate from

it.90

---------------------------------------------------------------------------

\88\ Peoples Comments at 7.

\89\ Id.

\90\ Id. at 6-7.

---------------------------------------------------------------------------

36. Several of the IXCs oppose the use of the local coin rate as a

surrogate, but state that if the Commission uses the local coin rate,

then the Commission should reduce the local coin rate so that it

reflect only expenses unique to access code and subscriber 800 calls.

91 CPI objects to the use of the local coin rate as a

starting point because the coin rate does not represent the result of a

competitive market. 92 TRA says that using the local coin

rate will lead to a grossly inflated default rate. 93

Frontier states that the coin rate bears little relationship to the

costs of completing a coin call, much less a coinless call.

94

---------------------------------------------------------------------------

\91\ CWI Comments at 9 n.7; CompTel Comments at 14 n.7; LCI

Comments at 8; RCN Reply at 1.

\92\ CPI Comments at 7.

\93\ TRA Comments at 20.

\94\ Frontier Reply at 5.

---------------------------------------------------------------------------

37. Other Surrogates. APCC requests that the Commission consider

other surrogates for the market rate, such as 0+ commissions, 0-

transfer rates and sent-paid toll call surcharges. 95

According to APCC, the 0+ call commissions are the only known instance

where carriers and PSPs meet in the marketplace to negotiate a price

for routing a call from the payphone to the carrier, and therefore, the

Commission should reconsider 0+ commissions. 96 APCC further

contends that sent-paid tolls are another reasonable indicator of the

market price. 97 Additionally, APCC contends that the 0-

transfer rates are a reasonable surrogate, because these rates indicate

the minimum price IXCs are willing to pay to obtain telephone traffic.

98 APCC concludes that the most appropriate market-based

surrogates are local coin calls, operator-assisted call commissions and

sent-paid toll surcharges, because these three surrogates are based on

prices actually charged in the marketplace for origination of payphone

calls. APCC states that a weighted average price for these three

charges is $0.45 per call. 99

---------------------------------------------------------------------------

\95\ APCC Comments at 8-10.

\96\ Id. at 7-8 (arguing that the Commission erroneously

rejected 0+ commissions in its Report and Order in this proceeding,

but accepted them as a benchmark in CC Docket No. 91-35). The mid-

range level of these commissions, according to APCC's 1996 data, is

$0.62 per call. See id.

\97\ Id. at 9-10 (explaining that the sent-paid toll call

surcharge is the amount, above the standard transmission charge,

that a PSP charges for the convenience of making a toll call from a

payphone). The middle-range price of such a call is $1.40 per call.

See id.

\98\ Id. at 9 (stating that the average price of a completed 0-

transfer call is $0.41).

\99\ Id. at 10.

---------------------------------------------------------------------------

38. Several of the IXCs argue that 0+ commissions cannot be used as

a market guide because these commissions include factors unrelated to

the use of payphones for the use of access code and subscribers 800

calls.100

[[Page 58666]]

Furthermore, carriers argue, sent-paid calls are not a reliable

surrogate, because these charges cover such services as a payphone's

capability to track time and amount, and recognize types of coins,

services not needed for 800 subscriber calls.101 MCI argues

that these surrogates are not representative because they are narrowly

tailored to specific types of calls.102 Moreover, MCI

contends, some of so-called surrogates apply to calls from telephones

that are not even payphones.103 Sprint argues that the only

truly reliable indicator of the market for subscriber 800 and access

code calls is what the market provided to PSPs for such calls prior to

the imposition of the Commission's orders in CC Docket No. 91-

35.104 At that time there was no compensation to PSPs for

these calls, and therefore, Sprint contends, the market price was zero.

105

---------------------------------------------------------------------------

\100\ See, e.g., AT&T Reply at 35; CWI Reply at 2-4; CompTel

Reply at i, 2-3; RCN Reply at 7-8, Sprint Reply at 17; WorldCom

Comments at 4; Excel Reply at 7 (arguing that these surrogates do

not overcome the uncompetitive characteristic of the current

payphone market by virtue of the fact that payphone callers are a

captive audience); Frontier Comments at 3 (arguing that commissions

paid on 0+ calls include monopoly rents and locational monopolies);

ITA Comment at 6-7 (arguing that compensation for 0+ calls includes

other compensation factors, such as the PSP's promotion of the

operator service provider through payphone placards, and that market

surrogates in general include costs not incurred in PSP origination

of dial-around calls, such as LEC line costs, premise owner

commissions, and billing and collection charges); PageNet Reply at

11 (arguing that 0-transfer rates include compensation for operator

assistance services that subscriber 800 calls do not use). See infra

para. 62 for a more thorough discussion regarding commissions.

\101\ PageNet Reply at 11-12.

\102\ MCI Reply at 6 (arguing that the 0+ commission represents

the value to the IXC of being a payphone's presubscribed carrier).

\103\ Id.

\104\ Sprint Reply at 18.

\105\ Id.

---------------------------------------------------------------------------

39. Excel argues that the Commission should start with a local coin

rate at $0.25,106 then subtract those costs unique to the

local coin service--coin equipment and collection, coin rating,

originating and terminating access from the local coin

rate.107 AT&T, CompTel, and CWI argue that the Commission

should not rely on avoided costs in establishing the default

compensation rate, because this method inappropriately compares the

price of coin calls with the costs of coinless calls and may

overcompensate PSPs. Nonetheless, if the Commission adopts this method,

AT&T argues, the Commission must set the local coin rate at $0.25 and

determine the actual avoided costs related to coinless

calls,108 and CompTel and CWI argue that the Commission

should subtract the costs of tracking and billing

compensation.109 MCI argues that if the Commission adopts a

top-down approach, it should calculate the default rate by subtracting

the coin specific costs from the cost of a coin call, not from the

market rate.110 RCN argues that the Commission should

determine a nationwide default rate and then subtract those costs that

are unique to coin calls.111

---------------------------------------------------------------------------

\106\ Excel Reply at 3, 9 (arguing that setting the default rate

at the highest deregulated rate in the country is contrary to

competition, and further that the proceeding before the

Massachusetts DPUC regarding NYNEX's payphone rates demonstrates

that the market rate for local coin calls should not be higher than

$0.25 per call).

\107\ Excel Comments at 4.

\108\ AT&T Reply at 24 (stating that no charges should be added

to this rate such as ANI or completion costs for local coin calls).

\109\ CompTel Comments at 14 n.7.

\110\ MCI Comments at 3.

\111\ RCN Comments at 4 (stating that the per-call rate should

not exceed the market-based local coin rate).

---------------------------------------------------------------------------

40. The Coalition argues that the avoided cost methodology will not

produce a per-call compensation rate lower than the deregulated coin

rate, and in fact, will increase the amount of compensation owed to the

PSPs.112 Furthermore, the Coalition argues, avoided cost

methodology will not produce competitive outcomes, because joint and

common costs are a significant portion of the total costs, and the

market does not price goods or services on costs alone.113

---------------------------------------------------------------------------

\112\ Coalition Reply at 13-15 (arguing that an avoided cost

methodology not only requires the deduction of certain costs, but

also the addition of costs that PSPs must incur for a noncoin call).

\113\ Id. at 14. See infra paras. 64-67 regarding demand

elasticity.

---------------------------------------------------------------------------

2. Discussion

41. In the Payphone Orders, we found that the market rate for a

local coin call is $0.35 and we stated that this is also the rate for

access code and subscriber 800 calls for the first year of per-call

compensation. In response to the court's concern that there may be

differences in cost between providing local coin calls and subscriber

800 and access code calls, we have evaluated the evidence on the record

to develop a default rate for access code and subscriber 800 calls that

reflect those cost differences. On the record, parties discuss several

cost factors suggesting that compensation for access code and

subscriber 800 calls should be either above or below the market price

for coin calls.114 In section (a) we conclude that based on

differences in costs, a market rate for access code and subscriber 800

calls likely would be between 5.9 and 7.3 cents lower than the market

rate for a local coin call, resulting in a rate of $0.284. In section

(b) we conclude that the parties failed to provide sufficient

information to adjust the default dial access and subscriber 800 rate

to reflect differences in the elasticities of access code and

subscriber 800 calls compared with local coin service. Thus, we do not

make any adjustment for elasticity differences.

---------------------------------------------------------------------------

\114\ See, e.g., AT&T Comments at 11 (per-call compensation

should be lower than the default rate); Sprint Comments at 9; APCC

Comments at 8; Coalition Comments at 30-33 (stating that per-call

compensation should be above the local coin rate to account for

implementing ANI and other costs).

---------------------------------------------------------------------------

a. Adjustments to the Local Coin Market Rate Based on Cost Differences

i. General Approach

42. Our general approach is to start with the market rate for local

coin service ($0.35), and subtract costs directly attributable to coin

calls and add costs specific to access code and subscriber 800 calls.

The majority of the costs associated with a payphone are joint and

common costs that are shared by the different types of calls made by

means of the payphone. These costs do not increase or decrease as the

number or composition of calls changes at a particular location. By

making no adjustment to the coin rate for these costs, we conclude that

each call placed at a payphone should bear an equal share of joint and

common costs.

43. The long distance and paging companies argue that we should

limit the costs attributed to access code and subscriber 800 calls to

the costs that would be incurred from providing access at a coinless

payphone; coin-related costs should not be included. Under this theory,

all other costs that are incurred to support a payphone coin call would

be attributed to coin calls and either removed from any market-based

rate or excluded from any other type of cost estimate.115

PSPs, however, maintain that few locations could support a coinless

instrument.116 Instead, they explain that most payphones are

installed to handle both coin and coinless calls.117

---------------------------------------------------------------------------

\115\ AT&T Comments, Analysis of Economist David Robinson at 6

[hereinafter AT&T Comments, Robinson]; MCI Comments at 3.

\116\ See Peoples Comments at 7.

\117\ Coalition Comments, Analysis of Economist Jerry A.

Hausman, Ph.D. at 9 [hereinafter Coalition Comments, Hausman].

---------------------------------------------------------------------------

44. We agree with the IXCs, and paging companies, that costs

directly associated with the coin mechanism should be borne by coin

calls. Under their general approach, however, compensation for

subscriber 800 and access code calls would not fairly contribute to the

recovery of joint and common costs of payphone service that would

occur, even if the payphone is used solely to place such calls. In our

view, such joint and common costs are not ``additional'' costs occurred

to provide local coin calls. Hence, compensation for subscriber 800 and

access code calls should contribute to the recovery of such costs. Our

calculation assumes that each call will contribute to a multi-use

payphone's joint and common costs.

[[Page 58667]]

45. We reject AT&T's contention that using a coinless payphone

results in a per-call compensation rate of 11 cents per call and that

this rate should be the basis for selecting a per-call compensation

rate. We note that AT&T divided its monthly costs to install, operate,

and maintain a coinless payphone ($76.85) by the number of calls at a

coin payphone estimated by APCC.118 The APCC study showed

that the average payphone carried 713 calls per month, and that 511 of

these calls were coin calls and 202 of these calls were coin-less

calls.119 It is more reasonable to assume that you would

divide AT&T's estimated monthly costs for a coinless payphone ($76.85)

by 202, the number of coinless calls. This calculation results in a

cost of 38 cents per call, rather than the 11 cents estimated by AT&T.

If the number of calls at coinless payphone were adjusted for a

marginal location as we do in our analysis below, the per-call cost

would be even greater. Thus, we conclude that the 11 cent rate obtained

by AT&T in its analysis would not be an appropriate per-call

compensation rate for subscriber 800 and access code

calls.120

---------------------------------------------------------------------------

\118\ AT&T Comments, Robinson at 12.

\119\ APCC Comments, Attachment 4 at 2.

\120\ Other parties believe that AT&T's estimated monthly cost

of a coinless telephone is too low. Coalition Reply at 29.

---------------------------------------------------------------------------

46. Selecting the number of calls to represent a low traffic

location. Any analysis of the costs incurred for a call from a payphone

must be based on a particular number of calls. Most of the parties

presented cost information based on coin payphones serving locations

with an average amount of calling. We believe, however, that it is

appropriate to analyze cost for a location with less than average

calling. Prices in competitive markets tend to be set at the marginal

cost of production. For payphone service, the marginal unit of

production is the installation of a payphone at a low traffic location.

If prices for payphone calls increased, providers would be willing to

install more payphones; however, customers would likely place fewer

calls. At the equilibrium price for payphone calls, newly installed

payphones would be expected to generate just sufficient calls to earn

only a normal return on investment. Thus, we believe that setting a

default compensation rate to achieve fair and reasonable compensation

requires that a payphone operator be able to cover costs at a low

traffic location. A single instrument would be required to provide both

coin and coinless calls at such a location, with neither class of

calls, by itself, sufficient to justify installation of a payphone.

47. We select the number of calls to represent a low traffic

location by estimating the number of calls that could cover all of the

costs of operating a payphone with the exception of commissions paid to

location owners. This number represents the lowest number of calls at

which a payphone could be operated without requiring a subsidy. Most of

the costs associated with a payphone do not vary with the number of

calls made at an individual payphone. Thus an individual call must

cover its own marginal costs as well as a share of the non-varying

costs. The contribution made by an individual call is the price of the

call less the marginal costs of the call. If the price of calls remains

constant, each additional call adds a fixed amount of contribution. If

the number of calls is high enough, the total of this contribution will

exceed the total of non-varying costs, including a normal return on

investment. The amount by which total revenue exceeds total cost is

referred to as economic rent. In the long run, premises owners will be

able to extract any economic rent from payphone owners through

commissions.121 If a location generates only enough traffic

to support the installation and upkeep of a payphone, however, there

will not be any commission payments. Some PSPs may choose to pay

standardized commission amounts.122 These companies will not

serve as wide a mix of locations. All things being equal, the owner of

a high traffic location would seek out the potential profits by

choosing the PSP that is willing to pay the highest commissions. On the

other hand, if the owner of a low traffic location insisted on a

commission, no PSP would be willing to install a new payphone at that

location because no PSP could pay the commission and generate a

sufficient return on its new investment.123 Accordingly, a

marginal location is a location where traffic just covers costs other

than premises owner commissions.

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\121\ Several PSPs suggested that commissions should be included

in the cost of providing access code and subscriber 800 calls. See

infra para. 62.

\122\ See TEI Comments at 8.

\123\ Existing LECs require premises owners to pay for placement

of payphones, rather than receive a commission, if there is a

sufficiently low volume of coin traffic at a location.

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48. Based on the data provided by the commenters, it is necessary

to complete several steps to determine the appropriate number of calls

needed to sustain a payphone at a marginal location. As explained more

thoroughly below, we rely on APCC cost data, because these data are

representative of the payphone industry as a whole. However, APCC did

not provide a breakdown of the 689 calls that it reported as the

average per payphone when it collected the cost data. Therefore, we

first used APCC data from the call type study--which provided data

based on an average of 713 calls--to determine the proportion of access

code and subscriber 800, coin and other calls for the 689 calls

reported in the cost study. Second, using these derived call numbers,

we estimated the amount of coin and other calls necessary to generate

commission payments, and subtract those calls to yield the number of

calls needed to sustain the marginal payphone.

49. We use APCC data to estimate the number of calls per month that

an average PSP would need at a location to cover costs other than

commissions.124 APCC reported $242 monthly cost per

payphone, including $45 in commissions, based on an average of 689

calls of all types.125 Until October 1996, $6 of the monthly

cost per payphone was met from dial around compensation and the balance

of the monthly cost per payphone had to be met with coin revenues and

revenues from 0+, 0-, and 00- calls.126 To determine the

amount of revenue that the average coin, 0+, 0-, and 00- call had to

produce so that the average number of calls would cover total costs, we

had to determine the total number of each such call type. Therefore, we

used the data in the APCC call distribution study, which produced a

total of 713 calls of all call types--152 access code and subscriber

800 calls and 561 coin and other calls--and applied this breakdown to

the 689 calls in the cost study to develop a call distribution.

[[Page 58668]]

Applying the representative percentages of the call types resulted in

the following distribution: 147 access code and subscriber 800 calls,

494 coin calls, and 48 other calls.127 Thus, to recover the

$242 in monthly costs at an average location, the PSPs surveyed by APCC

had to collect an average of 43.5 cents per call in revenue from coin

and other calls.128

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\124\ APCC submitted data from two different studies; one

pertaining to cost, and one pertaining to call type volumes. See

APCC Comments, Attachment 3 (``Weighted Average of Cost and Call

Volume Data from 46 Payphone Companies''), Attachment 4 (``Results

of APCC's 1996 Survey of Payphone Call Volumes''). For this analysis

we needed the following information: average cost per payphone;

average commissions paid to premises owners per payphone; average

number of calls per payphone; the marginal cost per coin call; and

breakdown of average call types per payphone. APCC and CCI provided

a breakdown by call type; in relying on APCCs data, we note that

other commenters supplied APCC's call type data in their comments as

representative of the payphone industry, and further, that CCI's

call data is similar to that of APCC. See, e.g., CWI Comments, LCI

Comments, CompTel Comments. APCC and several other commenters, such

as Peoples and CCI, provided cost data; however, we selected the

APCC data because it is the most thorough and representative of the

payphone industry averages.

\125\ See APCC Comments, Attachment 3.

\126\ See OSP Second Report and Order, 57 FR 21038 (May 18,

1992); 7 FCC Rcd at 3251.

\127\ See APCC Comments, Exhibit 4 (providing specific amount of

numbers of each call type). The APCC survey found $242 per month

total cost based on an average of 689 calls per month. The APCC call

distribution study (APCC Comments, Exhibit 4) showed 713 total

calls, comprised of 152 access code and subscriber 800 calls (21%),

and 561 coin and other calls (79%)). We applied this breakdown to

689 calls to estimate 147 access code and subscriber 800 calls and

542 coin and other calls. The 542 coin and other calls includes 411

and 555 calls that we treated as coin calls for our analyses.

\128\ The quantity ($242 less $6 dial around compensation)

divided by (542 calls) results in 43.5 cents per call. The $6 in

dial around compensation is based on historic data. We have used

historic data rather than the default compensation rate times

projected access code and subscriber 800 calls in order both to meet

the concern that the compensation rate be fair to existing payphone

providers and also because it is difficult to forecast the future

number of access code and subscriber 800 calls.

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50. The APCC data illustrate that PSPs pay an average of $45 per

month in commissions. For the purposes of this analysis, we impute the

number of calls at a low traffic location by taking the number of calls

at an average location, and subtract the number of coin and other calls

that would produce marginal revenue of $45. As explained above, to

break even at an average location, PSPs must have generated 43.5 cents

per call from an average number of coin and other calls. This revenue

per call, however, is offset by about 4.8 cents of marginal cost per

call, 129 meaning that payphone providers must realize about

38.7 cents in average net revenue per call. Dividing $45, the average

compensation to premises owners, by 38.7 cents, which is the marginal

revenue per call, results in 116 coin and other calls. In other words,

if the number of coin and other calls is decreased by 116, all other

things being equal, the PSP's net revenue would be reduced by $45 (116

calls times 38.7 cents per call). Assuming a proportionate reduction in

all calls, a break even or low traffic location would have 116 fewer

coin and other calls and 31 fewer access code and subscriber 800 calls.

130 Using the total number of all calls from the cost study

(689), we subtracted 116--the number of coin and other calls that would

generate $45 in commissions. This resulted in 573 calls. We also expect

that the number of access code and subscriber 800 calls at a marginal

payphone location would be less. As noted above, we determined that 147

of the 689 calls at an average location would be subscriber 800 and

access code calls. To reduce that amount (147) by the decrease in

access code and subscriber 800 calls that would be originated at a

marginal location, we then determined how many of the remaining calls

were subscriber 800 and access code calls. Comparing the numbers from

the APCC call volume study, we determined that the number of coin and

other calls (excluding subscriber 800 and access code calls) was

approximately 21.4% less in the cost study. 131 Assuming

that the subscriber 800 and access code calls also would decrease

proportionately, we determined that there would be 31 fewer subscriber

800 and access code calls. 132 Thus, we subtracted 31 from

573, which results in 542 calls. Accordingly, we use this number, 542,

as the total number of calls that would be made from a low traffic

location. 133

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\129\ We find below that the marginal collection, maintenance,

and lines costs of a coin call are between 4.6 and 6.0 cents per

call. The APCC usage study shows that if access code and subscriber

800 calls are omitted, about 91% of the remaining calls are strictly

coin (i.e., excluding 411 and 555 calls). To determine an average

cost for coin and other call types, we used an average marginal cost

for a coin call multiplied by the percentage of coin calls. This

translated to 5.3 cents of marginal cost for a coin call [(4.6+6.0)/

2] multiplied by the percentage of coin calls (91%), which results

in 4.8 cents per average coin and other call.

\130\ Since our default compensation rate will cover more joint

and common costs than the $6 per month compensation rate in effect

through October 6, 1996, payphones will become economically viable

at more locations, satisfying one of the goals of the 1996 Act.

\131\ Using the number 116 calls, we divided 116 coin and other

calls (excluding subscriber 800 and access code calls) by 542 total

coin and other calls (again excluding subscriber 800 and access code

calls). This resulted in a reduction of 21.4%. This percentage does

not indicate that the type of calls declined, but rather, is a

percentage used to develop the relative proportions of the various

call types from the call volume study to the cost study.

\132\ This assumes that access code and subscriber 800 calls

also would decline by the same percentage as would coin and other

calls. 116 coin and other calls times (152 average access code and

subscriber 800 calls / 561 coin and other) equals 31 fewer access

code and subscriber 800 calls.

\133\ We use the 542 number of calls at a low traffic payphone

location in the following sections of the market based analysis:

coin mechanism capital costs; line savings (in part); and ANI ii.

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ii. Estimate of avoided and added costs.

51. The parties submitted data on avoided and added costs of dial

access and subscriber 800 calls compared with local coin calls.

Different parties have different costs by category due to differences

in the type of location served and differences in accounting

treatments. Line charges, for example, vary from state to state. One

party may treat a specific cost as overhead while another party might

include the same sort of cost a direct cost of maintenance. It is not

possible to fully reconcile differences in cost estimates by analyzing

the data filed on the record. Accordingly, we have used the information

submitted by the parties along with information from Securities and

Exchange Commission 10K filings to develop ranges within which cost for

an average PSP might reasonably be expected to fall. 134

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\134\ Bell Atlantic Telephone Companies v. FCC, 79 F.3d 1195,

1202-04 (stating that the Commission is not required to include all

data when determining a rate, and that the Commission has the

authority to exclude suspicious data or statistical outliers).

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52. Coin Mechanism Capital Costs. While a single payphone may be

installed to handle both coin and coinless traffic, the direct costs of

the coin mechanism should be recovered by coin calls. After

installation, the capital costs of a payphone become fixed. Because we

are looking at the long run, where all costs are avoidable, we consider

the decision made by the PSP at the time the phone is installed. When a

payphone provider considers installing a telephone at a new location,

it must consider whether the additional coin traffic at that location

would justify the additional cost of installing a coin telephone. The

PSP would not install a coin payphone instead of a coinless payphone

unless the additional coin traffic would at least cover the additional

costs of a coin mechanism. Therefore we conclude that costs directly

associated with the coin mechanism should be attributed to coin

traffic. We assume that the market rate for local coin calls recovers

these costs and therefore conclude these costs should be removed from

the adjusted market rate.

53. David Robinson, in a study submitted by AT&T, provided the most

detailed information on the costs of purchasing and installing

different types of telephones. Independent PSPs typically use smart

payphones. Robinson estimated that new smart coin payphones cost about

$900 to $1200 per unit compared with $200 to $250 per unit for coinless

units.135 The differences in cost are primarily due to

equipment used to accept, count, and hold coins.136 Some

cost differences,

[[Page 58669]]

however, may be due to quality features that allow the payphone to be

used in harsher environments. We selected the $900 figure for smart

coin telephones as an amount that would be suitable for general

locations instead of the $1200 figure, because the latter figure likely

included additional features that go beyond the standard smart coin

telephone that would not be necessary at the general location. We

determine that $250 is an appropriate amount for the coinless phone

operated in a general location, to reflect some quality features, and

further, because there is not a significant difference in the

capabilities among the coinless phones and the difference between the

estimates ($200 to $250) is not significant. The difference in price,

from $900 to $250, $650 per telephone, would be due to added costs

associated with coin traffic. Robinson also estimates that a smart coin

telephone requires $60 more for installation than does a coinless

telephone due to additional testing and programming for the coin rating

and collection functions.137 Thus, we estimate a total

investment cost of $710 per payphone that is related to coin

functions.138 This equates to $12.36 in investment costs per

month for a coin telephone.139 Thus, we impute that the

market rate for local coin service includes 3.1 cents per coin call at

a low usage location and that this amount represents an avoided cost

for dial around and subscriber 800 calls.140

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\135\ AT&T Comments, Robinson at 3.

\136\ See Coalition Comments, Report of Arthur Andersen on per-

call compensation and cost calculations, Carl Geppert at 8 (Aug. 26,

1997). Local exchange carriers, in contrast, have an installed base

that typically consists of ``dumb'' payphones that must rely on

telephone company central offices for functionality. The Coalition

submitted a study by Carl Geppert for Arthur Andersen citing New

England Telephone data for New Hampshire to show that the average

costs of coin and coinless telephones were similar. Other parties

have presented information to the effect that a coin mechanism by

itself would cost less than $100. Stronger, theftproof housing,

however, also is required if a coin mechanism is to be included. We

conclude that the best information is the current prices of

comparable telephones with and without coin mechanisms and that the

Robinson data is most suitable for this comparison.

\137\ AT&T Comments, Robinson at 3.

\138\ In reviewing costs infra, we use data from Peoples and

CCI's 10K reports to estimate that the total new investment for a

payphone would be about $3000, including support facilities. Thus,

the $710 in coin related costs represents about a quarter of the

total new investment.

\139\ Equal monthly payments of $12.36 would depreciate $710

over a 10 year life and earn a return of 11.25% on net plant,

allowing for the statutory federal income tax rate of 34%. We

selected a 10 year life consistent with AT&T and Peoples. See AT&T

Comments, Robinson at 5; Peoples 1996 10K at 31 (using a 10 year

straight line depreciation rate for public payphones. Cf. CCI

Comments at 10 (using a 7 year life). See also infra para. 59 for

further explanation of interest rates.

\140\ This is not a marginal cost per coin call. Rather, it

represents the amount included in the market rate of local coin

calls to recover the costs of equipment attributed to coin service.

For this purpose, the market rate was assumed to be based on a low

traffic location, meaning 542 total calls, including a total of 399

coin, 411, and 555 calls.

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54. Line Savings. In some areas, all payphones are charged per-

message or per minute charges for all local calls. In other areas, all

payphones use unmeasured lines. In still other areas, payphone

providers can choose between using some form of measured service and

unlimited calling. PSPs taking measured service pay message charges for

local coin calls, but not for access code or 800 subscriber calls. This

represents a marginal cost difference of coin versus coinless service.

Based on the record, we conclude that the average cost savings for line

charges is about 2.5 to 3.0 cents per call.141

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\141\ See Coalition Comments, Andersen at 4 ($0.02); CCI

Comments at 9 ($0.02); Peoples Comments at 11 ($0.04). We note,

however, that six of the eight Coalition members reported no

measured service lines, and further, that the line savings per call

was $0.07 and $0.08 for the other two. In a deregulated environment,

LECs will have incentives to select measured service lines for

payphones when such lines would be the low cost alternative.

Accordingly, the LEC data is not representative of costs for the

PSPs. The Peoples estimate contains some avoided toll costs in

addition to avoided coin collection costs. Peoples did not provide

sufficient information to separate this part of the costs.

Accordingly, that amount is too high to serve as a high range for

estimates. See also AT&T Comments at 4 ($0.029) (deriving this

figure as total billing cost, $15.03 local usage for a smart phone

divided by 511 coin calls as represented in the APCC study,

Attachment 4 at 2). Telaleasing data was excluded because its

estimates are radically different from the estimates filed by any

other party and because its data could not be verified by parent

company 10K filing. See Telaleasing Comments at 7; Davel 10K at 19.

Also, all of Sprint's payphones appeared to be in non-measured

service areas, which is not representative of the industry average,

so we did not use Sprint's line cost data when determining line

savings. Sprint Reply, Exhibit 1 at 2. Line costs are dependent on

local exchange carrier rates which vary by community. We do not

believe that the industry average would be much higher than the

figure derived from AT&T data. Accordingly, we select 3.0 cents per

call for the high call estimate (slightly higher figure than that

derived from AT&T data). We select 2.5 cents per call as the low

estimate, based on an average of the AT&T and CCI data.

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55. Collection and Maintenance Savings. The parties concur that

coin collection costs are related to coin calls, that coin telephones

have higher maintenance costs than coinless telephones and that

maintenance costs increase as the number of coin calls

increases.142 It is difficult to separate maintenance from

coin collection costs, however, because some coin collection and

routine maintenance may occur at the same time.143 Not all

maintenance is related to coin calls.144 For example, key

pads and handsets are used for both coin and non-coin calls and

vandalism may be directed against the phone or the enclosure as well as

targeted against the coin box. Based on the record, we conclude that

the average savings from coin collection and maintenance is 2.1 to 3.0

cents per call.145

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\142\ See, e.g., AT&T Comments, Robinson at 7.

\143\ This would more likely be the case at a low traffic

location than a high traffic location, since more coin pickups are

scheduled for high traffic locations.

\144\ Peoples Comments at 13.

\145\ Coalition Comments, Andersen at 4 ($0.02 attributed to

collection and maintenance); CCI Comments at 9 ($0.01 based on

comparing the collection and maintenance cost of a coin call of

$0.06 and maintenance cost of an access code call of $0.05) This

probably considers most, if not all, maintenance costs as joint and

common. See also Peoples Comments at 13 ($0.03 attributed to

collection and some avoided maintenance); AT&T Comments, Robinson at

7 (maintenance: $.018 = $7 difference in coin vs. coinless monthly

maintenance divided by 399). Note that the coinless phones Robinson

studied might have had lower maintenance expense than the coin

phones in his study not because of coin induced wear, but rather

because the coinless phones were in sheltered locations. AT&T

Comments at 9 (collection: $0.047 based on $13.50 collection costs

per $100 of coins times 35 cents per call). Robinson's collection

costs represent the cost of collections if performed on a stand

alone basis. PSPs often perform maintenance and collections at the

same time and much of the combined cost should be considered joint

and common to all calls, rather than solely attributable to coin

calls. Accordingly, we selected 2.1 cents as the low estimate (the

Coalition estimate allowing for slightly higher cost per call at a

low traffic location) and 3.0 cents as the high estimate (the

Peoples estimate with no adjustment).

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56. Bad Debt / Collection Charges. Peoples identifies some

collection and bad debt expenses that it attributes solely to

compensation for access code and subscriber 800 calls. Under the

interim compensation plan, Peoples was unable to collect from IXCs

approximately $4.02 per payphone per month, which translates to $0.03

per access code and subscriber 800 call.146 Conversely,

CompTel alleges that Peoples' bad debt expenses arose primarily from

operator service operations.147 CWI opposes including any

allowance for increased collection costs of access calls, arguing this

is not a cost of access and that the IXCs also bear such

costs.148 Furthermore, AT&T notes that collection costs

should decrease steadily with the implementation of ANI and other

Commission requirements.149 CWI and CompTel contend that

per-call compensation should not include billing or bad debt

costs.150 Neither the Coalition nor the other PSPs included

specific estimates of increased

[[Page 58670]]

collection and bad debts. As such, we do not have sufficient

information to attribute an amount to bad debt and/or collection

charges.

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\146\ Peoples' 1996 Form 10K indicates that Peoples financial

books for 1995 included approximately one million dollars in

additional bad debt reserves related to both the inmate and payphone

operations. Peoples 1996 10K at 29 (filed with the Securities and

Exchange Commission Mar. 31, 1997). This translates to about $2 per

payphone per month. Since there was no change in the FCC's payphone

compensation plan in 1995, this increase is not attributable to

access code and subscriber 800 calls. Thus, some, if not most, of

the $4.02 per payphone per month cited by Peoples should not be

viewed as an increased cost attributable solely to access code and

subscriber 800 calls. Peoples Comments at 13.

\147\ CompTel Reply at 13.

\148\ CWI Reply at 11.

\149\ AT&T Reply, Robinson at 11-12.

\150\ CWI Reply at 11; CompTel Reply at 11.

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57. ANI ii. The Commission's rules require that LECs provide

certain automatic number identification information (ANI ii) to the IXC

with each call. These digits provide IXC's with automated information

that enables them to bill, block, and track calls. On the record, the

parties disagree about the costs associated with the provision of ANI

ii digits, and further, who should bear those costs.151 USTA

estimated the cost of providing ANI ii digits through hardcoding and

through FLEX ANI. The estimated total capital cost for hard coding the

digits was about $1.035 billion of which $558 million was for upgrading

all non-equal access switches and $477 million was for hard coding

switches.152 Sprint notes that the USTA figure assumes

equipment upgrades for every non-equal access switch, while many of

these switches do not support any payphones.153 Given that

not all non-equal access switches would be upgraded, and that the

upgrade would benefit all users of the switches, it seems unlikely that

all the upgrade expense would be attributed to payphone service. For

the purpose of translating the USTA cost estimates into additional pay

telephone costs, we assume that $600 million of additional LEC

investment would be recovered from increased payphone line rates. $600

million in increased investment recovered over 10 years would require

increased monthly line charges of $5.65.154 Divided by the

low traffic location number of calls, 542, would equal approximately

$0.01 per call.

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\151\ See, e.g., Coalition Comments at 19 (stating that the

implementation of the Commission's ANI requirements for the

provision of payphone specific coding digits might ultimately add

$0.05 to $0.08 to the cost of a access code and subscriber 800

call); AT&T Reply at 27-28 (arguing that less expensive alternatives

exist to the plan promoted by USTA); Excel Reply at 5; RCN Reply at

6. The Coalition based its figure on USTA estimates that LEC

investments would increase by about $1.035 billion dollars to

implement ANI, that all of the cost would be borne by PSPs, and that

such costs should be attributed entirely to access code and 800

subscriber calls. See Coalition Comments at 17. Sprint points out

that most of the cost cited by USTA would arise from modifying all

switches in non equal access areas. However, Sprint points out that

many switches would not need to be modified because there are only

10,000 payphones in non-equal access areas compared with 3400

exchanges that lack equal access. See Sprint Reply at 8.

\152\ Letter to Michael Carowitz, Common Carrier Bureau, from

Keith Townsend, USTA, CC Docket 96-128, at 5 (July 28, 1997); USTA

Petition for Waiver, CC Docket No. 96-128, Exhibit 1, 5 (Sept. 30,

1997).

\153\ Sprint Reply at 8.

\154\ $5.65 is the levelized monthly amount per payphone that

would depreciate $600 million over 10 years and earn an 11.25%

return on net investment, allowing for income taxes at the statutory

rate of 34%.

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58. AT&T notes that less expensive alternatives to the plan

advanced by USTA exist.155 The Coalition indicates that if

LECs are allowed to use a combination of FLEX ANI or original line

screening technology, payphone digit identification costs may be as low

as $0.01 per call.156 As discussed above, we have evaluated

the data supplied by the USTA, the Coalition, AT&T, and Sprint, and we

estimate a cost of $0.01 per call.

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\155\ See AT&T Reply at 27-28. See also Excel Reply at 5; RCN

Reply at 6.

\156\ Coalition Ex parte, Sept. 26, 1997.

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59. Interest. Several payphone providers note that they have the

use of coin receipts almost immediately while they must wait to collect

compensation on access calls.157 Peoples, for example,

collected payphone compensation for access calls completed between

October 8 and December 31, 1996 in April 1997.158

Accordingly, we conclude that the delay in receipt of compensation for

access calls represents an additional cost of providing access code and

subscriber 800 service calls that would not be included in the market

rate for local coin calls.

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\157\ APCC Comments at 15; CCI Comments at 9-10; TEI Reply at 5.

\158\ Peoples Comments at 13.

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60. AT&T uses 11.25% as the interest rate and the return

requirement for payphone investment.159 APCC claims that the

appropriate interest rate for many payphone providers would exceed that

rate significantly.160 Peoples used a 10% interest rate in

its calculations.161 Most payphones, however, are owned by

large local exchange carriers, whose authorized interstate rate of

return has been 11.25% representing a weighted average of debt and

equity costs.162 Accordingly, we conclude that 11.25% is the

appropriate cost of capital for payphone providers in this context.

Thus, the delayed receipt of compensation for access code and

subscriber 800 calls justifies an upward adjustment of .8 cents (11.25%

for 3 months times the market rate adjusted for other costs).

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\159\ AT&T Comments, Robinson at 5.

\160\ APCC Reply at 14.

\161\ Peoples Comments at 10.

\162\ Representing the Authorized Rate of Return for Interstate

Services of Local Exchange Carriers, 55 FR 51423 (December 14,

1990); 5 FCC Rcd 7507 (1990).

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61. Opportunity Costs. Teleport contends that the Commission should

recognize the opportunity costs associated with use of a payphone for

non-coin calls.163 This cost theoretically arises because

the payphone provider does not have the opportunity to realize coin or

0+ commission revenue whenever its payphone is being utilized for an

access code or subscriber 800 call. Sprint, however, notes that the

payphone will be available for 0+ and coin calls 98.2% of the time

based on average amounts of access code and subscriber 800 calling.

Sprint also states that when a given phone is not available, another

phone from the same company may be available, so the call is not

necessarily lost.164 Therefore, we make no adjustments to

the local coin rate based on opportunity costs.

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\163\ Teleport Reply at 6. Teleport Comments at 3, 6 (arguing

that whatever cost differences may exist are eliminated by the

opportunity costs associated with noncoin calls because coin paying

customers cannot use a payphone if it is being used by a noncoin

customer).

\164\ Sprint Reply at 4.

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62. Commissions. Several IXCs argue that commissions paid to

location owners on 0+ and 1+ calls should not be attributed to per-call

compensation rate.165 CompTel argues that these commissions

have been paid on 0+, 1+, and local calls, and recovered through these

revenues. CompTel and RCN argue that there is no assurance that these

commissions are just and reasonable.166 WorldCom argues that

0+ commissions should not be included as a cost in computing per-call

compensation because these commissions reflect the value of being

selected as the default 0+ provider and as such are unrelated to the

costs of providing subscriber 800 and access code calls. The Coalition

and the independent PSPs propose that per-call compensation default be

set on the basis of the average commission received by independent

payphone providers on 0+ calls to set the rate for access code and

subscriber 800 calls.167 CompTel and

[[Page 58671]]

RCN argue that there is no assurance that these commissions are just

and reasonable.168 Accordingly, we do not need to make any

adjustments to reflect commission costs.

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\165\ See, e.g., CWI Comments at 9, n.7; CWI Reply at 9; CompTel

Comments at 14; CompTel Reply at 11; Excel Reply at 4; LCI Comments

at 8. See ITA Reply at 2, 4 (requesting that the Commission adopt an

incremental cost approach, and that such a rate should not include

premise owner commissions); Sprint Reply at 7 (stating that pre-

existing commission payments are recovered from local coin and 0+

calls); Frontier Comments at 3 (arguing that commissions cannot be

included in computing the per-call compensation amount because

compensation based on commissions paid on 0+ calls would allow

monopoly rents for locational monopolies).

\166\ CompTel Reply at 12; RCN Reply at 5 (arguing that without

safeguards, PSPs have no incentive to keep rates low).

\167\ APCC Comments at 13 (stating that commissions are unlikely

to vary except in relation to the price of calls and that location

owners demand and receive commissions on every form of revenue

derived from a payphone including subscriber 800 and access code

calls); CCI Comments at 9 (stating that commissions must be paid to

location owners so that payphones can be placed for public use). CCI

treated the costs as equal for coin calls and subscriber 800 and

access code calls while noting that some marginal differences exist

in the commission levels paid to coin as compared with noncoin

calls. See also Peoples Reply at 11 (stating that commissions will

not result in increased costs for the consumer).

\168\ CompTel Reply at 12; RCN Reply at 5 (arguing that without

safeguards, PSPs have no incentive to keep rates low).

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63. Total Adjustments to Market-Based Rate. The preceding analysis

suggests that costs associated with coin equipment, line, coin

collection and maintenance are not directly attributable to provision

of access code or subscriber 800 call. We estimate that in total,

between 7.7 cents and 9.1 cents per call are directly attributable to

local coin calls, and thus should be subtracted from the market rate.

There are uncertainties with the estimates but we found no evidence to

suggest a preponderance of either high or low biases. On the other

hand, we adjust the local coin market rate upward by 1.0 cent to

account for additional costs to PSPs resulting from ANI ii

implementation to identify payphone originated calls for the benefit of

IXCs, and 0.8 cents for interest attributable to the delay in

compensation for access code and subscriber 800 calls. These additions

and subtractions produce an adjusted market-based range of $0.277 to

$0.291. The midpoint of that range is $0.284. Thus, we conclude that

the surrogate or adjusted market default price is $0.284 per access

code and subscriber 800 call.

b. Adjustments to the Local Coin Market-Rate Based on Demand

Differences

64. The Coalition filed a study by Dr. Hausman that adjusts the

local coin market rate for differences in demand. Dr. Hausman explains

that in an industry with a significant amount of joint and common

costs, competitive firms take into account demand conditions and

competitive conditions as well as costs when setting

price.169 A competitive firm recovers joint and common costs

through markups over marginal costs. Dr. Hausman states that the

markups are set so that the firms recover total costs. Dr. Hausman then

asserts that services, where the demand is relatively price elastic,

compared to other services provided over the joint facility, would

receive lower markups.170 Dr. Hausman uses several methods

to translate relative elasticities into relative prices for coin calls

versus access code and subscriber 800 calls.171 Dr. Hausman

uses derived elasticities to show that access code and subscriber 800

services are less elastic than local coin calling.172 His

analysis concludes that the Commission should set the default

compensation rate at the local coin rate plus approximately $0.07 to

$0.08 per call.173

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\169\ Coalition Comments, Hausman at 4-5.

\170\ Id. at 11.

\171\ Given the relative elasticities presented in the paper,

these methods generally would produce market rates below $0.35 for

local coin telephone calls.

\172\ Hausman estimates that the local coin rate elasticity is

about -.663. (Coalition Comments, Hausman at 11) Hausman estimates a

derived elasticity for dial around calls by multiplying an

elasticity for interstate calls (-.723) times the percentage that a

$0.35 access cost would add to a dial around toll call, reported to

have an average price of $2.16. Hausman makes a similar calculation

using an elasticity of -.77 and an average call price of $0.50 for

subscriber 800 calls. He calculates that the weighted average of

these two derived elasticities is -.398, significantly less elastic

than his estimated local coin call elasticity.

\173\ Coalition Comments, Hausman at 28.

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65. AT&T replies with a study by Dr. Warren-Boulton, who contends

that the derived elasticities presented by Dr. Hausman significantly

underestimate true elasticities. Dr. Warren-Boulten notes that

customers faced with a $0.35 increase in toll rates at payphones likely

would substitute toll services that did not increase in price, rather

than simply deciding not to make the calls.174 This view is

supported by MCI's comment that many 800 customers are interested in

blocking subscriber 800 calls from payphones to avoid paying the

compensation charge.175 MCI, however, suggests that the

demand for coin calls is significantly less elastic than Dr. Hausman

suggests.176 These customers may anticipate that at least

some potential callers subsequently would make a subscriber 800 call

from another location.

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\174\ AT&T Reply, Warren-Boulton at 4.

\175\ MCI Comments at 4.

\176\ MCI ex parte at 15 (Oct. 2, 1997).

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66. Dr. Hausman's derived elasticities are sensitive to several of

his underlying assumptions. He based the average price of an access

code call on historic AT&T data. These data probably overstate the

current average price for an access code call because many firms

exclusively operate by providing prepaid calling cards, which do not

include a surcharge, 177 and because there have been

significant decreases in some interstate and international toll rates.

Furthermore, Dr. Hausman uses the overall toll elasticity as the

elasticity for dial around access calls. Customers placing access code

calls, as opposed to 0+, 0-, and 00-calls, have already made choices

based on perceived price differences.178 These customers

therefore may be much more price sensitive than average toll customers,

and may be far more willing to forego or delay calls than indicated by

Hausman's derived elasticity. We conclude that the demand for access

code and subscriber 800 calls are significantly more responsive to

price than Dr. Hausman suggests.

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\177\ See ITA Comments at 8.

\178\ For example, 0+ calls incorporate commission of $0.62 per

call and toll calls that customers pay for by depositing coins

incorporate commissions of about $1.40 per call. APCC Comments at 8-

10.

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67. We conclude that while differences in demand elasticities for

access may prove useful to some firms in setting prices, the

information presented in the current record evidences wide variations

in assumed elasticities and the results are inadequate to determine

whether access code and subscriber 800 service or local coin service is

the more price elastic service. Because we do not have confidence in

the elasticity analyses in the record given the variation in results,

we decline to adjust the market-based default per-call compensation

rate for differences in demand.

C. Alternatives to a Market-Based Compensation Rate

68. As noted above, some commenters request that we establish the

default per-call compensation rate based on cost information filed by

the parties in this proceeding. We decline to adopt this approach, but

we have assessed the record evidence on this matter and have calculated

a cost-based default rate below to validate that our market-based

adjusted per-call rate is reasonable.179

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\179\ See supra paras. 30-40 for specific cost components

discussed in the comments. These costs were discussed previously in

determining for what costs the market-based rate should be adjusted,

and are incorporated herein.

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1. Comments

a. Costing Methodologies

69. Several of the commenters argue that the Commission should

derive a compensation rate based on the costs that are incurred to

originate coinless calls.180 Several of the IXCs request

that

[[Page 58672]]

the Commission adopt a bottom-up methodology to calculate per-call

compensation.181 AT&T argues that a rate computed in this

manner will be sufficient to provide for the widespread deployment of

payphones, and would not require the Commission to engage in lengthy

cost proceedings.182 AT&T argues that its analysis is based

on TELRIC, which, AT&T argues, is the most appropriate methodology in

the circumstances. Borden, Champion, and Sitel 183 argue

that the fair compensation rate must be based on a PSP's actual costs

for handling 800 calling card calls. SDN supports a national rate based

on verifiable long range incremental costs for all PSPs. Excel argues

that the Commission should adopt a rate that reflects the actual costs

incurred by an efficient PSP for delivering subscriber 800 and access

code calls.184

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\180\ See, e.g., ACTA Reply at 6 (arguing that any compensation

scheme should focus the recovery on the PSPs forward looking direct

costs associated with the origination of coinless calls). AT&T

Comments at 2; AT&T Reply at 2 (including the following costs:

maintaining the payphone instrument, excluding coin-related

functions and coin collection costs; basic line costs, excluding

coin rating functionalities but including the monthly subscriber

line charge and tariffed screening and blocking service from the

LEC; and other reasonable expenses such as touch tone and 911

charges). AT&T and MCI argue that the Commission should adopt a

cost-based compensation scheme based on a PSP's actual efficient

costs to originate access code and subscriber 800 calls. See AT&T

Comments at 2; MCI Comments at i.

\181\ CPI Reply at 6. WorldCom Reply at 4. WorldCom cites the

rates set forth in AT&T's comments ($0.11 per call), MCI's comments

($0.083 cents per call), and Sprint's Comments ($0.057 cents per

call), and states that the Commission should adopt one of these

approaches or a blended approach using several methods. See WorldCom

Reply at 4-5.

\182\ AT&T Reply at 10, 17-18.

\183\ Sitel Reply (stating that $0.35 cents per call is too high

and that such a rate could adversely effect small business due to

increased telecommunications costs).

\184\ Excel Comments at 3-4.

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70. CompTel and ITA argue that the Commission should base

compensation for subscriber 800 and access code calls on the PSPs'

incremental cost of originating these calls.185 ITA contends

that the Commission should use the cost of a payphone call as

determined by Massachusetts Department of Public Utilities

(Massachusetts DPU) and adjust that number downward.186

Sprint and AT&T also argue that the Commission should use the coin rate

filed by New England Telephone (NET) with the Massachusetts DPU

indicating a per-call local coin rate of $0.167 as the point at which

we should begin our analysis of a rate adjusted for costs related to

coin calls.187 The Coalition argues, however, that this cost

study is not an appropriate basis for establishing per-call rate in

this proceeding.188 CWI, LCI, CompTel, and Sprint argue that

the incremental costs to be included are the additional or marginal

costs created by access code and subscriber 800 calls--additional

maintenance and wear and tear for increased usage, and the per minute

usage charges, if any, imposed by a LEC for originating access code or

subscriber 800 calls.189

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\185\ CompTel Reply at 6-7 (stating that the rate should be

based on the costs of an efficient provider to originate subscriber

800 and access code calls and noting that other call types would be

compensated by market pricing); ITA Comments at 2 (stating that the

rate should be based on economic costs including a reasonable profit

for the PSPs).

\186\ ITA Reply at 2, 5.

\187\ Sprint Comments at 8-11; AT&T Comments at 15 n.12.

\188\ Coalition Reply at 2.

\189\ CWI Comments at 5; LCI Comments at 5 (stating that the

only costs that are relevant are additional maintenance and wear and

tear for usage attributed to access code and subscriber 800 calls);

Sprint Reply at 3 n.5 (stating that although CWI, LCI, and CompTel

raise the possibility that local usage charges should be included in

marginal costs, Sprint is not aware that any LEC imposes such usage

related costs for subscriber 800 and access code calls. Instead,

Sprint states, the IXC carrying the call pays the LEC's access

charges for the use of the LEC's network for call origination.).

Sprint and CompTel also state that this method is appropriate

because access code and subscriber 800 calls are by-products of

payphone installation, not its primary purpose. Thus, the decision

to install a payphone, Sprint and CompTel argue, is driven by the

revenues the PSP anticipates from other types of calls such as 0+

and coin calls. Sprint Reply at 3; Comptel Comments at 10-13.

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71. Alternatively, Sprint argues that if the Commission takes a

fully allocated approach to costs, then the rate should be based on the

most efficient ``bellwether'' PSP's costs minus costs related to coin

functionality, local call completion and premises owner commissions

from a local coin call.190 Sprint rejects Dr. Hausman's view

that costs of the least efficient (or marginal) provider should be used

as the default rate to prevent the removal of payphones, arguing that

this approach overlooks the Commission's policy that inefficiency

should not be rewarded in a multiprovider market and that rates should

be based on the costs of an efficient provider to promote

competition.191 The Coalition and APCC contend that Sprint's

``bellwether'' approach is flawed, because large, fixed joint and

common costs that should be included as costs, were omitted;

192 relying on incremental costs only is inappropriate

because the PSP cannot recover the total costs of providing the

service; 193 and cost estimates for a single state are not

representative.194

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\190\ Sprint Reply at 6.

\191\ Sprint Reply at 5 (also arguing that the public is

protected through the mandate for public interest payphones in the

Act).

\192\ Peoples Comments at 6-7; APCC Reply at 9.

\193\ Coalition Comments at 21-23 (citing Reconsideration Order,

61 FR 65341 (December 12, 1996); 11 FCC Rcd at 21,268, para. 69).

\194\ Id.

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72. TRA and WorldCom argue that the Commission should apply total

service long term incremental costs (TSLRIC) principles to determine

forward looking costs on efficient provider would incur to provide

access to noncoin calls.195 CompTel, CWI, and LCI argue in

the alternative that if the Commission wants access code and subscriber

800 calls to bear some of the costs to ensure that PSPs are fairly

compensated, then the Commission should set the compensation rate based

on forward looking direct costs for access code and subscriber 800

calls.196 Frontier and RCN argue that the Commission should

adopt a cost-based rate based on the costs of completing subscriber 800

and access code calls.197 GCI argues that PSPs should be

compensated solely for the costs of subscriber 800 and access code

calls.198

---------------------------------------------------------------------------

\195\ TRA Comments at 19 (stating that a reasonable profit for

PSPs could be included); WorldCom Comments at 4 (further stating

that this rate should be based on the forward looking costs that an

efficient PSP would incur).

\196\ CWI Comments at 9; CompTel Comments at 13-14; LCI Comments

at 7. CWI, CompTel, and LCI argue that costs to be included are the

following: the amortized cost of installing a coinless payphone;

costs of maintaining the equipment; and the cost of a basic phone

line plus usage charges, if any, for subscriber 800 and access code

calls. Costs for coin equipment and coin collections, terminating

local calls, bad debt, depreciation, interest, commissions, and

administrative or overhead charges not attributed to coinless calls

should be excluded.

\197\ Frontier Reply at 2; RCN Comments at 1.

\198\ GCI Reply at 3.

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73. PageMart and PageNet argue that the Commission should adopt a

caller-pays rate. Alternatively, PageMart argues that it should remove

the avoided costs of a coinless call from the compensation

rate.199 Alternatively, PageNet requests that the Commission

adopt a cost-based approach that apportions only the additional costs

that are incurred through the origination or subscriber 800 calls on a

per-call increment, not per-call basis.200

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\199\ PageMart Reply at 6; PageNet Comments at 12.

\200\ PageNet Reply at 27-28.

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74. CCI argues that the Commission should not adopt a cost-based

methodology because a marginal cost rate does not fairly compensate all

calls as required by Section 276 of the Act and does not address fair

compensation for other types of calls from payphones or whether

additional costs could be recovered through compensation available to

PSPs.201 CCI contends that if the Commission adopts a

marginal cost standard, then the rates would need to be sufficient such

that revenues would recover the total marginal costs of installing and

operating payphones, which in the long run could increase long distance

rates and force some PSPs out of business.202

---------------------------------------------------------------------------

\201\ CCI Comments at 15-16.

\202\ Id. at 17.

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75. Peoples and the Coalition argue that the Commission should not

adopt a cost-based rate because the costs for local coin calls and dial

around calls are similar, and further that access code and

[[Page 58673]]

subscriber 800 calls may be more costly than coin calls. Several of the

PSPs and the Coalition further argue that a cost-based rate would lead

to the removal of payphones with low call volumes or above average

costs.203 TEI argues that cost plus a fair rate of return is

not appropriate, because the underlying costs are similar and there is

seldom agreement regarding costs or a fair rate of

return.204 APCC argues that the Court did not require the

---------------------------------------------------------------------------

Commission to adopt a cost-based methodology.

\203\ APCC Reply at 11.

\204\ TEI Comments at 10.

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b. Cost Components 205

\205\ The comments on commissions and billing/bad debt cost

components are discussed supra at para. 62 and 56, respectively.

---------------------------------------------------------------------------

76. Equipment. CWI contends that only forward-looking direct costs

should be considered, including the amortized cost of installing a

coinless payphone and the cost of maintaining the equipment, excluding

the cost for coin equipment.206 Several of the IXCs argue

that coin equipment costs should be excluded when determining per-call

compensation.207 PageNet argues that coin related costs such

as maintenance, repair and replacement for coin functions should not be

included in determining per-call compensation.208

---------------------------------------------------------------------------

\206\ CWI Comments at 8.

\207\ MCI Comments at 3; RCN Comments at 4 (arguing that this

cost is unique to the local coin rate and should be subtracted from

a true rate that PSPs would provide as a deregulated local coin

service on a nationwide basis). CompTel Comments at 13; CompTel

Reply at 8 (CompTel argues that data is not available specifically

for maintenance costs, but the cost for maintenance less coin

capability is about $0.029 per call, thus the maximum incremental

costs would be approximately between $0.01 to $0.02 per call); LCI

Comments at 5-6 (requesting that the Commission adopt a default rate

based on marginal costs and stating that costs associated with

installing and maintaining a payphone should not be considered when

determining per-call compensation).

\208\ PageNet Comments at 14.

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77. The Coalition contends that equipment costs are attributable to

both coin and noncoin calls. Teleport contends that the fixed costs

associated with installing a coin operated payphone, such as the cost

of the payphone, the enclosure, the cable plant, and supporting network

infrastructure, are attributable to both coin and noncoin

calls.209 APCC states that most payphone costs, including

purchasing, installing, and maintaining equipment, are fixed and should

be attributed to both coin and noncoin calls.210

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\209\ Teleport Comments at 4.

\210\ APCC Comments at 11(further stating that payphone

equipment costs which include coin and coinless calling capabilities

must be incurred by coin and noncoin calls); APCC Reply at 12.

---------------------------------------------------------------------------

78. CCI contends that monthly direct costs such as the telephone

bill (6 cents per call), location owner commissions ($0.05 per call),

maintenance and collection ($0.05 per call), parts and supply are

properly attributable to both coin and noncoin calls. CCI, however,

discounts the telephone bill costs ($0.02 per call) and maintenance and

collection costs ($0.01 per call) to deduct local measured usage charge

and the costs associated with dial around collection.211

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\211\ CCI Comments at 9.

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79. Payphone Lines. APCC states that local exchange line charges

represent a small differential between coin and noncoin calls--on

average, about 3 cents per call.212 AT&T argues that

tariffed screening and blocking service from the LECs as well as other

reasonable expenses such as touch tone and 911 charges should be

included in the cost of a call when computing the appropriate amount of

per-call compensation.213 CompTel argues that the line

charge should be no more than $0.046 per call.214 CWI

contends that basic phone line plus usage charges, if any, for

subscriber 800 and access code calls should be included in computing

per-call compensation.215

---------------------------------------------------------------------------

\212\ APCC Comments at 13.

\213\ AT&T Comments at 9: CompTel Reply at 11, 14 (stating that

some PSPs' basic payphone line charges include line cost categories

such as network costs, which should not be included).

\214\ CompTel Reply at 11, 14.

\215\ CWI Comments at 8 (arguing that these costs should be

considered proportionately based on relative usage for access code

and subscriber 800 calls).

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80. Several of the IXCs contend that the costs associated with

terminating local calls should not be used to compute per-call

compensation.216 CompTel argues that per-minute usage

charges, if any, imposed by a LEC for originating access code or

subscriber 800 calls are appropriate.217 PageNet argues that

line charges should not be included because non-PSP carriers already

pay the LEC for the use of the payphone line through originating access

charges.218

---------------------------------------------------------------------------

\216\ See, e.g., CWI Comments at 9; LCI Comments at 7; MCI

Comments at 3; Sprint Reply at 6; Excel Comments at 3 (also arguing

that originating access should not be included in the per-call

compensation amount). See AT&T Comments at 9 (stating that local

usage charges should not be included in the cost of a noncoin call).

\217\ CompTel Comments at 13; CompTel Reply at 8 (stating that

it does not object to applying the average per-call usage charge in

areas where usage is employed, about $0.02-$0.03 per call, citing

APCC Comments at 13 and Coalition Comments at 16).

\218\ PageNet Reply at 20.

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81. Peoples argues that line charges are attributable to coin and

noncoin calls. Peoples argues that there is a minimum fixed line

charge, and that in some states, there is an additional usage

charge.224 Peoples further argues, however, that as more

states require fixed charges, there will be no difference between line

charges for coin and noncoin calls.225

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\224\ Peoples Comments at 11-12 (arguing that at a minimum 50%

of the line charge is fixed and that the variable portion that would

be related to coin calls only is less than $0.04 per call).

\225\ Id. at 12.

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82. The Coalition contends that the Commission should not impose an

offset for the local usage charge because in many cases payphone lines

are flat-rated and PSPs do not recover termination or local usage

charges. The Coalition contends, however, that if there is an offset,

it should not be greater than $0.02 per call, which reflects the

average local termination cost across all Coalition

members.226 CCI does not include local usage charges in

calculating per call compensation amount.227

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\226\ Coalition Comments at 14-17.

\227\ CCI Comments at 9.

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83. Coin/Noncoin Collections. The Coalition contends that the cost

of coin collection, counting, and related equipment accounts for

approximately $0.02 of the total cost of a local coin, but argues that

this rate may be inflated because it allocates coin collection costs

among coin calls based on coin volumes, not the number of coins

deposited.228 APCC argues that the differences between coin

and noncoin calls in the area of coin collection are limited because

coin collection is generally combined with general maintenance visits

to the payphone, about $0.03. APCC further argues that coinless

collection costs are likely to increase and may actually be $0.05-

$0.06, thus higher than coin calls.229 Peoples contends that

coinless collection costs are greater than coin call collection costs,

and further that in the past six months, coin related maintenance

accounted for only 38% of all maintenance visits.230 Peoples

estimates that coin collection related costs are approximately $0.03

per call, and that coin collection costs are slightly lower than the

cost involved in collecting for noncoin compensation.231

Peoples contends that dial around collection costs are approximately

$0.05-$0.06 per call.232 CCI argues that it does not include

coin collection costs of dial around calls in computing the appropriate

amount of per-call

[[Page 58674]]

compensation,G5233 but argues, however, that the costs associated with

noncoin calls may increase due to additional expenses for collecting

and auditing such compensation.234

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\228\ Coalition Comments at 16.

\229\ APCC Comments at 14-15 (estimating the costs of dial-

around compensation to be about 5-6 cents per call).

\230\ Peoples Comments at 12-13.

\231\ Id. at 13.

\232\ Peoples Reply at 8.

\233\ CCI Comments at 6-8.

\234\ Id. at 2, 10.

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84. CPI and CompTel contend that PSPs experience lower costs for

subscriber 800 and access code calls than for coin calls because it is

more costly to maintain a coin phone than a coinless

phone.235 AT&T, CWI, Excel, Frontier, MCI, PageNet, RCN, and

ITA state that coin collection costs should not be included in the rate

of per-call compensation.236 TEI states that some service

costs can be deducted when determining the rate for a noncoin call.

---------------------------------------------------------------------------

\235\ CPI Comments at 5 (arguing that only a keypad capable of

originating dialing codes and electronics to identify the phone is

needed and that PSPs do not incur costs of visiting a payphone and

collecting and handling coins for subscriber 800 and access code

calls); CompTel Reply at 11, 13. CompTel notes that Peoples argues a

coin phone costs $41.66 per month to operate, but a coinless phone

(as reported by AT&T) costs only $25.10 per month, and argues that

coin phones are more costly, because a coin phone requires more

frequent service and coin collection visits, and additional

equipment that can be broken or vandalized. CompTel further argues

that Peoples' cost figures for maintenance should be reduced by at

least 50%. Comptel Reply, supra.

\236\ See AT&T Comments at 9; CWI Comments at 9; MCI Comments at

3; PageNet Comments at 14 (arguing that the majority of features and

functions as well as maintenance and repairs provisions of payphones

are related to the acceptance and handling of coins, and that such

costs are not properly attributable to subscriber 800 and access

code calls); PageNet Reply at 19. See also Frontier Comments at 7-8

(stating that $0.043 is attributable to coin collection costs); ITA

Comments at 6-7 (stating that in the Report and Order, at para. 44,

the Commission estimated the cost of coin collection to be $0.02 per

call); RCN Comments at 3 (stating that the PSP does not incur coin

collection costs when originating a subscriber 800 or access code

call, and therefore, the default rate of $0.35 must be reduced).

---------------------------------------------------------------------------

85. Teleport contends that costs associated with coin calls--

collection, maintenance, and cost of transporting a call--on a per call

basis are de minimis, and further that the opportunity costs associated

with noncoin calls offset the de minimis difference in cost. TEI argues

that the Commission should include a cost for the time value of money

used in collecting the compensation should the Commission not prescribe

collection tools for the PSP, and further, suggests that the Commission

impose a stated interest rate on late payers of per-call

compensation.237

---------------------------------------------------------------------------

\237\ TEI Reply at 6.

---------------------------------------------------------------------------

86. ANI ii. APCC contends that the Commission should not explicitly

rule that such charges incurred in restructuring the LEC networks to

provide a unique screening digit for dumb payphone lines may be

assessed on PSPs. However, APCC contends, if LECs are allowed to assess

such charges on PSPs, then PSPs are entitled to recover those charges

from IXCs dial-around compensation as part of the cost of originating

dial-around calls.238 The Coalition contends that requiring

PSPs to pay LEC tariffs for ANI ii digits would add $0.05 to $0.08 to

the per call rate, and Peoples supports attributing this cost to

subscriber 800 and access code calls.239 AT&T, Excel,

Sprint, and GCI argue that the PSPs are not entitled to recover any

costs for Flex ANI.240 Excel and RCN state that IXCs should

not be required to pay for ANI information provided by the PSPs,

because the PSPs are the beneficiary of the information.241

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\238\ APCC Reply at 23.

\239\ Coalition Comments at 18; Peoples Reply at 8.

\240\ AT&T Reply at 27-28; Excel Reply at 5; GCI Reply at 3;

Sprint Reply at 8-10.

\241\ Excel Reply at 5; RCN Reply at 5.

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87. Depreciation/ Overhead. CWI, PageNet, and CompTel contend that

per-call compensation should not include depreciation costs or

interest.242 LCI, CompTel, and CWI argue that administrative

and overhead costs are not attributable to noncoin calls.243

---------------------------------------------------------------------------

\242\ CWI Reply at 11; CompTel Reply at 11, 14 (stating,

however, that if these costs are included, then the cost per call

should be only $0.011).

\243\ LCI Comments at 8; CWI Comments at 9, n.7; CWI Reply at 9;

CompTel Comments at 14.

---------------------------------------------------------------------------

88. CCI and TEI argue that overhead, depreciation, amortization,

and interest are attributable to coin and noncoin calls.244

Peoples contends that overhead costs are attributable to all calls made

from payphones, and argues that the IXCs do not justify why such costs

should not be included.245

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\244\ CCI Comments at 10. CCI attributes $0.04 to overhead,

$0.03 to depreciation, $0.02 to amortization, and $0.02 to interest.

CCI notes that these costs relate only to their payphones, but

reflect the payphone industry. See id.

\245\ Peoples Reply at 10.

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89. Other. In its estimate, AT&T included an 11.25 percent interest

on capital factor, maintenance/warehouse/part costs and added averaged

costs for the basic line and other related charges.246 AT&T

admits that some costs such as overhead, general and administrative

expenses and taxes are appropriate in the computation of the cost of a

noncoin call. According to AT&T, these costs are approximately $0.012

per call.247 CCI includes taxes and the return on invested

capital in the calculation of the costs of the per-call

rate.248

---------------------------------------------------------------------------

\246\ AT&T Comments at 10.

\247\ AT&T Reply at 14.

\248\ CCI Comments at 10.

---------------------------------------------------------------------------

90. CPI contends that subscriber 800 and access code calls are

generally shorter in duration than coin calls. Therefore, the longer

duration of local calls could allow for opportunity costs since few

local calls displace shorter long distance calls.249 TRA

contends that per-call rates should not include embedded or opportunity

costs.250 Excel argues that coin rating costs should not be

included in determining per-call compensation.

\249\ CPI Comments at 6.

\250\ TRA Comments at 19.

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2. Discussion

91. As discussed above, we conclude in this order that an adjusted

market-based local coin rate is the appropriate surrogate for the

default per-call rate for subscriber 800 and access code calls. In this

section, we explain our reasons for rejecting the proposals of various

parties that we derive a default per-call rate for such calls based on

cost estimates submitted in the record of this proceeding.

a. Problems with the Proposed Methodologies for Deriving Payphone

Compensation.

92. A number of commenters, notably the IXCs, argue that the

Commission should use the marginal cost of originating a payphone call

as the basis for compensating PSPs.251 Most of the parties,

however, estimate marginal costs based on the incremental cost of an

individual coinless call. Thus, as the Coalition explains, setting the

rate at marginal or incremental costs means that joint and common costs

could not be recovered.252 We conclude that the use of a

purely incremental cost standard for each type of call could leave PSPs

without fair compensation for payphone calls, because such a standard

would not permit the PSP to recover a reasonable share of the joint and

common costs associated with those calls.253 We also reject,

for similar reasons, suggestions by commenters that we use local coin

rates currently in place as a surrogate for per-call compensation. As

we stated in the NPRM, ``local coin rates in some jurisdictions may not

cover the marginal [incremental] cost of the service.'' 254

Therefore, basing the per-call compensation amount on current local

coin rates, which are frequently

[[Page 58675]]

subsidized by state regulators, would not fairly compensate the PSPs.

In the Payphone Orders, we rejected the use of the $0.12 per-call

compensation amount the Commission first discussed in its 1991 Notice

of Proposed Rulemaking in the access code call compensation proceeding.

We noted that we never adopted the $0.12 per-call amount, and that rate

was effectively rejected when the Commission adopted a $6 flat rate per

payphone per month based on a per-call rate for access code calls of

$0.40.255

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\251\ See CWI Comments at 5; Comptel Comments at 10; LCI

Comments at 5; Sprint Comments at 3-4.

\252\ Coalition Comments at 28 n.16.

\253\ Cf. Implementation of the Local Competition Provisions of

the Telecommunications Act of 1996, First Report and Order, 61 FR

45476 (August 29, 1996); 11 FCC Rcd 15,499,15844-15856 (1996)

(``Local Competition Order'') (describing total element long-run

incremental cost methodology for pricing interconnection and

unbundled network elements).

\254\ NPRM at para. 22 n.64.

\255\ OSP Second Report and Order, 57 FR 21038 (August 29,

1992); 7 FCC Rcd at 3257.

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93. We determined in the Order on Reconsideration that reliance on

cost studies, in general, could reduce the revenue recovered by the

PSPs, and therefore, might reduce the number of payphones

deployed.256 We reaffirm that decision here. Adopting a per-

call compensation scheme that did not ``promote the widespread

deployment of payphone services'' would be inconsistent with

Congressional intent.257

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\256\ Order on Reconsideration, 61 FR 65341 (December 12, 1996);

11 FCC Rcd at 21,266, para. 66.

\257\ See infra para. 119.

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94. We also affirm our conclusion in the Report and Order that the

cost-based TELRIC standard that the Commission relied upon in the local

competition proceeding is inapplicable here, because the payphone

industry is not a bottleneck facility that is subject to regulation at

virtually all levels.258 The TELRIC pricing principles

adopted in the local competition proceeding were designed to reflect

the long run cost of an element or physical facility. Since there are

relatively few common costs between separate facilities, TELRIC

compensation will compensate a carrier for virtually all costs

associated with providing (the services of) that facility. With the

addition of a share of the relatively small common costs, the firm will

be able to cover its total costs.259

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\258\ See Order on Reconsideration, 61 FR 65341 (December 12,

1996); 11 FCC Rcd at 21,240-43, 21,268, paras. 11-19, 70 (noting

that the payphone industry is likely to become increasingly

competitive). See also Implementation of the Local Competition

Provisions in the Telecommunications Act of 1996, First Report and

Order, 61 FR 45476 (August 29, 1996); 11 FCC Rcd 15,499 (1996),

Order on Reconsideration, 61 FR 52706 (October 8, 1996); 11 FCC Rcd

13,042 (1996), Second Order on Reconsideration, 61 FR 66931

(December 19, 1996); 11 FCC Rcd 19,738 (1996), further recon

pending, aff'd in part and vacated in part sub nom., CompTel v. FCC,

11 F.3d 1068 (8th Cir. 1997), aff'd in part and vacated in part sub

nom. Iowa Utilities Bd. v. FCC and consolidated cases, 120 F.3d 753

(8th Cir. 1997).

\259\ We also note that it would be particularly burdensome to

impose a TELRIC-like costing standard on independent payphone

providers, who have not had previous experience with any costing

systems.

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95. Additionally, we conclude that Congress' use of the phrase ``*

* * payphone service providers are fairly compensated for each and

every completed interstate and intrastate call * * *'' 260

is a different standard than the cost-based standard articulated for

the compensation for interconnection and unbundled elements. We

conclude that the PSP will be providing a competitive service (payphone

use) and should therefore receive compensation equal to the market-

determined rate for providing this service. In the Local Competition

Order, we concluded that the cost-based interconnection standard, on

the other hand, compensates a carrier for the long run incremental cost

of providing interconnection or the long run incremental cost of

providing an unbundled element plus a reasonable share of the common

costs. Because the local exchange is not yet competitive, we could not

rely on the market to set competitive rates for unbundled elements. In

the case of payphones, the presence of multiple PSPs already operating

in many markets, and the structure of the industry that allows

relatively easy entry and exit, leads us to conclude that we can rely

on market forces to provide for efficient pricing of these services in

the near future.

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\260\ 47 U.S.C. Sec. 276(b)(1)(A).

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96. In this proceeding commenters also argue that we should apply a

TSLRIC cost standard to only a subset of services (i.e., subscriber 800

and access code calls) provided by a facility (payphone). In general,

when several services are provided by the same facility, the

incremental cost of providing any one service is very small and the

common cost among these services is very large. Thus, a TSLRIC standard

under which a carrier is compensated only for the incremental cost of

each service individually without a reasonable allocation of common

costs, as suggested by commenters, would not allow the carrier to

recover the total costs of providing all of the services. A TSLRIC

standard that yields prices that recover a reasonable share of joint

and common costs would require the difficult allocation of those

(large) costs among the different types of calls made from payphones.

97. We also reject suggestions that use of a market-based

compensation standard, in lieu of one that is cost-based, will

overcompensate PSPs. The marketplace will ensure, over time, that PSPs

are not overcompensated. Carriers have significant leverage within the

marketplace to negotiate for lower per-call compensation amounts,

regardless of the local coin rate at particular payphones, and to block

subscriber 800 calls from payphones when the associated compensation

amounts are not agreeable to the carrier.

98. Previously, in the access code call compensation proceeding, we

relied upon AT&T 0+ commissions as a measure of the fair value of the

service provided by independent payphone providers when they originate

an interstate call. Data presented above, however, suggest that the 0+

commission rate exceeds the market rate for local coin calls while the

costs of access code and subscriber 800 calls are less than the costs

of local coin calls. Furthermore, commissions may include compensation

for factors other than the use of the payphone, such as a PSP's

promotion of the Operator Service Provider (OSP) through placards on

the payphone. Accordingly, we conclude that a market rate based on 0+

commissions would result in a default rate that overcompensates

payphone providers for access code and subscriber 800 calls. Moreover,

our approach is based on the costs of a low traffic location that does

not support commission payments.

b. Analysis of Record Evidence of Payphone Costs

99. Although we reject suggestions that we set the default rate

based on the long run costs of providing service, our analysis of the

record evidence indicates that an estimate of the long run costs of

providing access code and subscriber 800 service, including an equal

per call share of joint and common costs, 261 is not

significantly less than the market-based rate determined above. Over

time, the marginal cost associated with new entry (adding a payphone)

may be an important determinant of the market rate for access

compensation. For comparison, we estimated costs of the installation

and operation of a payphone at a low traffic location; that is, at a

location that would be expected to generate sufficient calls so that

the payphone provider could earn only a normal return on investment and

could not pay commissions to the premises owner.

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\261\ As explained above, market forces in a competitive market

(including both marginal cost and demand differences) determine how

joint and common costs are recovered from different services. We

determined, however, that we lacked adequate elasticity information

to determine whether access code and subscriber 800 calls would

recoup more or less joint and common costs per call than would local

coin service.

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100. We calculated a rate for access code and subscriber 800 calls

by estimating the cost of a typical multi-use payphone that is capable

of being

[[Page 58676]]

placed outdoors. We then subtracted all costs directly attributable to

coin and access code calls to determine the amount of joint and common

costs associated with a multi-use phone. We then determined the amount

of joint and common costs attributable to each call by dividing these

costs by an estimate of the number of calls placed at a location where

a payphone will earn a normal return on investment. Three parties,

Peoples, CCI and AT&T provided relatively consistent cost data that

could be used to estimate joint and common costs. The following sub-

sections summarize our category-by-category estimation of costs.

101. Maintenance. Data presented by Peoples indicates maintenance

cost of 4.8 cents per call.262 Sprint suggests 3.6 cents per

call.263 CCI data suggest 6.6 cents per call 264

and Robinson's data for AT&T suggest a total of between 2.5 and 4.0

cents per call.265 Based on the information presented by the

parties, 266 we estimate that joint and common maintenance

costs at a low traffic location would amount to between 4.0 and 5.0

cents per call.267

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\262\ Peoples estimated total maintenance and coin collection

costs per month of $41.66, 38% of which was for coin collection

costs. Peoples Comments at 10-12. Dividing the maintenance portion

by the low traffic number of calls (542) gives the estimate of 4.8

cents per call. This estimate probably includes some incremental

maintenance caused by coins being deposited in Peoples payphones.

\263\ $19.62 for maintenance divided by 542 calls. Sprint Reply,

Exhibit 1 at 2.

\264\ Based on an average call volume of 720 calls, CCI

estimated that it spent $0.05 per call for maintenance, exclusive of

any costs solely due to coin collection and maintenance. CCI

Comments at 9. We concluded above, however that this figure was

probably biased high. Multiplying by 720 calls and dividing by the

low traffic number of calls (542) gives an estimate of 6.6 cents per

call.

\265\ Robinson estimates that the monthly cost of maintenance

plus repair parts for a coinless telephone is $13.35 and for a smart

coin telephone is $21.70. AT&T Comments, Robinson at 13. Divided by

542, the low traffic location number of calls, yields estimated

costs of 2.5 and 4.0 cents per call. Some of the increased cost of a

coin telephone would be attributable to the coin mechanism.

\266\ Teleport filed a return on investment analysis partially

based on hypothetical information from a study by John S. Bain

(Teleport Ex. Parte). This analysis is not sufficient to support a

direct estimation of either the costs directly attributable to coin

calls or total joint and common costs.

\267\ The Sprint data may not be representative of costs that

would be incurred by independent pay telephone providers. We select

4.0 cents as the low estimate of maintenance costs per call by

selecting the highest value based on AT&T data. We select a figure

between the Peoples and the CCI based estimates, 5.0 cents, as the

high estimate. This amount is below the average of the estimates in

recognition of possible biases in the Peoples and CCI estimates.

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102. Line costs. Data for Peoples suggests line costs of 5.9 cents

per call.268 Data for CCI suggests line costs of 7.9 cents

per call.269 Sprint suggest 8.0 cents per

call.270 Robinson's study suggests line costs of 6.5 cents

per call.271 We estimate that joint and common line costs at

a low traffic location would amount to between 6.5 and 7.5 cents per

call.272

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\268\ Peoples filed $59.54 of total line charges including

message charges per month of $27.69. Peoples Comments at 10-12. The

difference, $31.85, represents joint and common line costs. This

amount, divided by the low traffic number of calls (542) equals 5.9

cents per call.

\269\ CCI estimates joint and common line costs of $0.06 per

call, compared with $0.08 per call for coin calls, based on 720

calls per payphone per month. CCI Comments at 9. Multiplying $0.06

times 720 calls and dividing by the low traffic number of calls

(542) equals 7.9 cents per call.

\270\ $43.22 for line charges divided by 542 calls. Sprint

Reply, Exhibit 1 at 2.

\271\ AT&T estimated a monthly line charge for a smart coin

telephone of $27.73, a subscriber line charge of $5.83, and other

line costs of $1.84 for a total cost of $35.40. See AT&T Comments,

Robinson at 12. This amount, divided by the number of low traffic

number of calls (542) equals 6.5 cents per call.

\272\ As explained above, different line costs for different

PSPs may simply reflect the fact that they have payphones located in

different areas. Sprint, for example, may have higher joint and

common line costs than others that filed data because Sprint cannot

take advantage of potentially lower cost measured service options.

We estimated a likely range for average PSPs by adjusting the high

and low estimates of the carriers by approximately half a cent.

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103. Sales, General & Administrative. Data for Peoples suggests

SG&A of 5.4 cents per call.273 Data for CCI indicates SG&A

costs of 5.3 cents per call.274 Sprint suggests 1.57 for

SG&A.275 Sprint, as a LEC and an IXC, has a significantly

different organizational structure and payphone base from that of

independent payphone providers. Accordingly, little weight was given to

Sprint data for SG&A. Robinson did not develop an independent estimate

of SG&A.276 Accordingly, we use the estimates based on data

for Peoples and CCI as the high and low estimates, respectively. We

conclude that joint and common SG&A at a low traffic location would

amount to between 5.3 and 5.4 cents per call.

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\273\ Peoples estimated sales and general administrative

expenses of $25.27 per line as well as billing costs and bad debts

of $4.02 per line per month. See Peoples Comments at 10. We do not

have sufficient information to estimate a higher or lower billing

and bad debt cost for access code and consumer 800 calls compared

with other payphone calls. The total, $29.29, divided by the low

traffic number of calls (542) equals 5.4 cents per call.

\274\ CCI estimated expenses of $0.04 per minute based on 720

calls per telephone. See CCI Comments at 10. Multiplying by 720

calls and dividing by the low traffic number of calls (542) equals

5.3 cents per call.

\275\ ($2.78 sales salaries + $4.31 sales commissions + $1.42

G&A) divided by 542 calls. Sprint Reply, Exhibit 1 at 2.

\276\ Robinson accepts CCI and Peoples estimate of a total of

$0.04 per call for SG&A. See AT&T Comments, Robinson at 6. He

considers $0.02 of this to be attributable to coinless calls,

implying that the total would be higher than $0.04 per call for coin

calls. Robinson, however, does not adequately explain why so much of

SG&A should be solely attributable to coin operations and not

treated as joint and common.

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104. Capital and Equipments Costs. Most parties recognize that

payphone providers should have an opportunity to recover depreciation

costs and earn a return on investment. Joint and common investments for

a new payphone should include not only the costs of purchasing and

installing a payphone, but also a normal increase in leasehold

improvements, spare parts and inventory, and cash working

capital.277

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\277\ Some capital items, such as intangible assets and good

will, would not need to be increased if the company added a payphone

at a low traffic location.

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105. Robinson estimated the average outlay associated with adding a

new smart coin telephone as $1,050 for the instrument,278

$300 for a pedestal and enclosure, $395 for installation of the

telephone, pedestal and enclosure, and $150 in local exchange carrier

connection charges, for a total investment of $1,895.279

Some PSPs claim that Robinson underestimated pedestal and enclosure and

related installation charges.280 The Robinson estimates do

not include other investments, such as maintenance vehicles and office

equipment, needed to support a payphone business. Several PSPs

estimated average capital costs per call, but did not provide

sufficient detail to allow these estimates to be used to estimate the

direct capital costs of adding a payphone.

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\278\ The Coalition notes that some coinless telephones cost

significantly more than the basic coinless sets used in the Robinson

study. See Coalition Reply at 27. The Coalition filed a study by

Carl R. Geppert estimating that the AT&T Public Phone 2000, which

incorporates a nine-inch color monitor, a dataport for laptop or fax

communications, built in keyboards for access to e-mail and on-line

weather services, cost between $2000 and $4000. See Coalition Ex.

Parte, Oct. 1, 1997 at 3. This information, however, does not bear

on how much of the costs of a new smart coin telephone are due to

the coin mechanism. The typical new smart coin telephone does not

incorporate these features.

\279\ AT&T Comments, Robinson at 5.

\280\ APCC Reply at 14; Coalition Reply at 29.

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106. We estimate joint and common equipment costs by: (a)

estimating the amount of assets that are likely to be added when a

payphone is added; (b) subtracting the amount attributable to the coin

mechanism; (c) calculating a monthly cost for the balance; and (d)

dividing the monthly cost per payphone by the low traffic location

number of calls. Peoples 10K data indicate that Peoples depreciable net

investment per payphone amounted to $1,617 as

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Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996 · 62 FR 58659 | Frix