NEWSReport No. DC 95-5 Action in Docket Case January 5, 1995 PREVIOUS DECISIONS FINDING WESTERN UNION ENTITLED TO REFUNDS FROM ICPS UPHELD (CC DOCKET No. 78-97, PHASES I AND II, and CC DOCKET No. 82-122) The Commission has affirmed its previous decisions concluding that Western Union (WU) is entitled to recover the full public rate for outbound telex and TWX services from the interconnected carrier parties (ICPs) for the period from January 1978 to August 1979, when neither a carrier agreement nor a Commission prescription existed that established telex and TWX rates among the parties and for the period June 1982 to August 1984, when an interim Commission prescription existed which allowed the ICPs to pay WU less than the public rates. The Commission also found that WU was entitled to reimbursement plus interest from the ICPs for their use of WU's telex and TWX services during that time. The Commission's investigation of telex and TWX rates involves a dispute over the proper allocation of a portion of the total revenues earned in the joint provision of international telex and TWX services by WU and the ICPs. The Commission affirmed its earlier orders requiring certain ICPs to pay WU the difference, plus interest, between the full public rates prescribed by the Commission for telex andTWX services and the lesser amounts the ICPs actually paid WU. The dispute involves two time periods -- January 1978 to July 1979 and June 1982 through August 1984 -- that occurred during the Commission's investigation of WU's rates. The Commission decision was appealed to the court and then remanded. The court did not dispute the Commission's conclusions, but remanded for further consideration and explication its treatment of the issues, finding that the Commission's original order relied on traditional ratemaking principles, not division of revenues principles as required by statute. The Commission said it was correct in retroactively applying the public rates for WU's outbound telex and TWX services to the ICPs during both time periods. It also determined that WU should receive interest on the relief awarded. It ordered WU to recompute the entire amount of its claim, and to file suppporting data with the Commission within 30 days of the Order's release. Action by the Commission December 28, 1994, by Memorandum Opinion and Order (FCC 94-351). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media contact: Rosemary Kimball at (202) 418-0500. Common Carrier Bureau contact: Debra Sabourin at (202) 418-1530.