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HomeMy WebLinkAboutRES 96-204 1 RESOLUTION NO. O WHEREAS, the City of Beaumont , Texas fully supports a petition for extended area service ("EAS") as set forth in the proposed joint agreement and strongly urges the Public Utility Commission to approve the joint agreement; NOW, THEREFORE, BE IT RESOLVED that Don Kelley, Executive Director-South Regional Planning Commission is hereby designated to represent the above-named city and any affected exchange therein in all proceedings concerning the petition for EAS. SIGNED THIS 3rd day of September 1996. 1 NO. JOINT PETITION OF SOUTHWESTERN BELL § PUBLIC UTILITY COMMISSION TELEPHONE COMPANY TO PROVIDE EXTENDED § OF AREA CALLING SERVICE TO THE TEXAS BEAUMONT, PORT ARTHUR, ORANGE AND § SURROUNDING AREA EXCHANGES JOINT AGREEMENT WHEREAS, the communities in and surrounding the Beaumont, Port Arthur, and Orange exchanges have desired non-optional, flat- rate, two-way calling to each other for many years; and WHEREAS, the representatives of the political subdivisions coextensive with the Beaumont, Port Arthur, and Orange exchanges, set forth as signatories in Attachment A hereto (the "Governmental Representatives") , and Southwestern Bell Telephone Company ("Southwestern Bell") have agreed upon the terms and conditions of an Extended Area Calling Service offering as described below (hereinafter "EACS") ; and WHEREAS, the proposed calling scope, set forth in Attachment B hereto, of the EACS has a single, continuous boundary (hereinafter the "Golden Triangle Calling Area") ; and WHEREAS, the Governmental Representatives of the Golden Triangle Calling Area Exchanges believe that the EACS will provide both economic and social benefits for their communities and constituents, including Southwestern Bell ' s residence and business local exchange telephone customers residing in the Golden Triangle Calling Area Exchanges; and 1 1 WHEREAS, it is the intention of the Governmental Representatives and Southwestern Bell to follow the procedures authorized by Section 23 .49 (b) (8) of the Commission' s Substantive Rules ("the EAS Joint Agreement Rule°) for Commission approval of this Joint Agreement for extended area service ("EAS") ; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the parties to this Joint Agreement do hereby agree as follows : 1. The Service. EACS is a non-optional two-way EAS offering pursuant to which subscribing Southwestern Bell residence and business local exchange customers within the Golden Triangle Calling Area Exchanges will be able to call all other telephone customers within the Calling Area for a monthly flat rate, as set forth below. 2 . Service Availability. Subject to the terms of this Joint Agreement and to Commission approval, Southwestern Bell agrees to make SACS available to all residential and business local exchange customers residing within the Southwestern Bell Golden Triangle Calling Area Exchanges . Southwestern Bell will use reasonable efforts to provide EACS no later than six months following a final order of the Commission approving this Joint Agreement (the "Service Date") . If at any point during the post-approval engineering and provisioning process Southwestern Bell determines that the Service Date may be unattainable, then Southwestern Bell will promptly advise all parties to the proceeding of the delays and provide a reasonable estimate of the likely date by which EACS will be available. 3 . Filing of Joint Agreement; Commission Approval Process. After execution of this Joint Agreement by Southwestern Bell and all necessary Governmental Representatives, and on or within a reasonable time after its Effective Date (set forth below) , Southwestern Bell agrees to file this Joint Agreement and to 2 1 pursue all legal or regulatory procedures reasonably necessary in its sole discretion to obtain Commission approval of EACS. The Governmental Representatives agree to support the regulatory procedures by the means of which EACS may be approved and authorize Southwestern Bell to pursue all necessary procedures in behalf of the Governmental Representatives and their constituents within the Golden Triangle Calling Area Exchanges to obtain approval of EACS. 4 . Rates for Basic Local Exchange Customers. Basic local exchange customers residing in the Southwestern Bell Golden Triangle Calling Area exchange will pay flat-rate, monthly additives ("EACS Monthly Rate Additives") in addition to their tariffed basic local exchange charges. Basic local exchange rates may also be reclassified to reflect the appropriate PUC approved rate level. The combination of local rate reclassification and EACS Monthly Rate Additive will not exceed the following amounts : CLASS OF SERVICE EACS MAXIMUM MONTHLY RATE INCREASE Residence per line $3.50 Business per line $7.00 5 . EACS Connection Charges. There are no EACS connection charges; however, all other appropriate tariffed service connection charges for basic telephone service will continue to be applicable. 6 . Voting Requirements . Southwestern Bell customers in the Golden Triangle Calling Area Exchanges will be balloted pursuant to PUC guidelines . If at least 70a of the Golden Triangle Calling Area customers responding in each exchange do not vote in favor of the Golden Triangle Calling Area the exchange will be excluded from this agreement. 3 1 7 . Balloting Responsibilities, Southwestern Bell agrees to provide each subscriber within the proposed Golden Triangle Calling Area with a PUC approved ballot. The Governmental Representatives agree to provide collection points for receipt of ballots for telephone subscribers who do not wish to pay postage to return the ballot -for counting. The Governmental Representatives agree to collect and count the ballots in a manner prescribed by the PUC. S . No Telephone Number Changes Necessary. Customers of EACS will not be required to change their telephone numbers. 9 . Notice to Be Provided. Southwestern Bell agrees to provide notice of the proposed EACS pursuant to the EAS Joint Agreement Rule, or as authorized by the Commission. The parties agree to request that the Commission publish notice of the filing of this joint agreement in the Texas Register and provide notice of the filing to the office of Public Utility Counsel. 10 . Agreement May Be Withdrawn; No Changes Without Agreement of All Parties. If at least 70% of customers responding in the Beaumont exchange do not vote in favor of the Golden Triangle Calling Area the EACS will not be offered and this Joint Agreement withdrawn. The parties agree that any of them may withdraw their agreement to the terms of this Joint Agreement at any time prior to the rendition of a final order approving this Joint Agreement. The parties also agree that, prior to Commission approval, alteration or modification of the terms of this Joint Agreement by the Commission may only be made upon written agreement of all parties. This Joint Agreement is based upon the agreements of the parties and is not intended to be precedential on any issue expressed herein. Except as provided expressly herein, this Joint Agreement represents the entire agreement of the parties . 11. Joint Agreement Subject to PURA 95 and Commission Rules . This Joint Agreement is subject to approval by the Commission 4 1 pursuant to the terms of the Public Utility Regulatory Act of 1995, as amended ("PURA 95) " , and the Commission's Substantive and Procedural Rules. After approval, this Joint Agreement and the underlying EACS which is intended to result from its filing (the "Tariffed EACS") continues to be subject to PURA 95 and the law of the State of Texas. To the extent that the Tariffed EACS may be modified under the law of the State of Texas as it may exist in the future, the right of Southwestern Bell and the other parties hereto to apply for such modification, if any, in whatever method is then available, is hereby reserved. SOUTHWESTERN BELL TELEPHONE COMPANY By: Jon R. Loehman Its: Managing Director-Regulatory Governmental Representative of the Golden Triangle Calling Area by Don Kelley, Executive Director-Southeast Texas Regional Planning Commission 5