DATE:	August 3, 2006
TO:	Director, Division of the Commission Clerk & Administrative Services (Bayó)
FROM:	Office of the General Counsel (Tan, Scott) Division of Competitive Markets & Enforcement (Kennedy) Division of Regulatory Compliance & Consumer Assistance (Plescow)
RE:	Docket No. 060141-TL – Complaint by Karl Amsler and Sonny Stewart against BellSouth Telecommunications, Inc. for alleged improper billing.
AGENDA:	08/15/06 – Regular Agenda – Interested Persons May Participate
COMMISSIONERS ASSIGNED:		All Commissioners
PREHEARING OFFICER:		Administrative
CRITICAL DATES:		None
SPECIAL INSTRUCTIONS:		None
FILE NAME AND LOCATION:		S:\PSC\GCL\WP\060141.RCM.DOC

 

Case Background

On July 14, 2004, complaint number 607759T was taken by Florida Public Service Commission (FPSC) staff on behalf of Karl Amsler and Sonny Stewart (Customers).  The complaint was filed against BellSouth Telecommunications, Inc. (BellSouth).  An informal conference was held on July 27, 2005.  The docket was brought to the June 6, 2006 Agenda and the Commissioners voted to approve staff’s recommendation.[1] On August 2, 2006, Commission staff received a signed settlement agreement reached by the two parties. (See Attachment A)

 

The Commission has jurisdiction pursuant to Section 364.19, Florida Statutes, and administers consumer complaints pursuant to Rule 25-22.032, Florida Administrative Code.

 

Discussion of Issues

Issue 1: 

 Should the Commission accept the settlement agreement reached by Customers Karl Amsler and Sonny Stewart and BellSouth Telecommunications, Inc.?

Recommendation: 

 Yes, the Commission should accept the settlement agreement reached by Customers Karl Amlser and Sonny Stewart and BellSouth Telecommunications, Inc.  (Kennedy, Plescow, Tan)

Staff Analysis: 

 As noted in the case background, staff received a signed settlement agreement between Karl Amsler and Sonny Stewart (Customers) and BellSouth Telecommunications, Inc. (BellSouth). Pursuant to Rule 25-22.032(9), if the complaint has been docketed, the participants shall submit the settlement to the Commission for approval. Additionally, if the participants reach a settlement agreement, a written statement shall be filed stating that the settlement is binding and all further rights or Commission actions are waived.

Staff received the original signed settlement agreement between BellSouth and the Customers which states that a sum of $1,100 will be refunded to the Customers within 30 calendar days of July 24, 2006. This sum is a refund to the Customers of a portion of the charges previously paid by Customers to BellSouth for the relocation work in question. The agreement does not represent an admission by either party of the other’s position. Staff believes that this agreement resolves the complaint. Accordingly, staff recommends the Commission accept the settlement offer between Customers and BellSouth.

 

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes, this docket should be closed since there are no further actions required by the Commission.  (Tan)

Staff Analysis: 

 If the Commission accepts staff’s recommendation in Issue 1, this docket should be closed.

                                                                                                ATTACHMENT A