NEWSReport No. CC 95-15 COMMON CARRIER ACTION February 27, 1995 SOUTHWESTERN BELL ORDERED TO SHOW CAUSE WHY IT SHOULD NOT BE SUBJECT TO SANCTIONS FOR TRANSACTIONS WITH AFFILIATES The Commission has ordered Southwestern Bell Telephone (SWBT) to show cause why the Commission should not find that certain SWBT and affiliate accounting practices, associated with the allocation of costs and recorded charges for affiliate transactions, violate Commission rules. The Commission also ordered SWBT to show cause why the Commission should not, as a result of these findings, take appropriate enforcement action, including issuing a Notice of Apparent Liability for Forfeiture, and ordering SWBT to bring its accounting practices into conformity with Commission policies and rules governing affiliate transactions and associated cost accounting. This action comes as a result of a federal-state joint audit report, released May 19, 1994, that examined various transactions between SWBT and various SWBT nonregulated affiliates, including its parent, Southwestern Bell Corporation (SBC), and Southwestern Bell Asset Management, Inc. (AMI). The audit report found various apparent violations of the rules in the accounting methodologies and practices employed by SWBT to book charges for services provided by affiliates to SWBT. The four apparent violations that are the subject of the Order to Show Cause concern transactions between SWBT and SBC and between SWBT and AMI. First, the joint auditors determined that adequate time records do not exist to properly audit the charges SBC billed SWBT for management services. Since most of SBC's costs are driven by the time reporting of SBC employees, this failure to keep adequate time records could be viewed as a critical mistake. The Order to Show Cause rejects arguments that, by requiring SWBT to produce SBC records, the Commission is imposing accounting requirements on a nonregulated affiliate. Rather, the point is that adequate SBC records are required in any audit of transactions between SBC and SWBT, the regulated company. The second and third apparent violations involve modifications to Commission- prescribed marketing and general allocators used to assign certain residual costs. The Commission in the Order to Show Cause finds that SWBT has developed a marketing allocator that differs from that prescribed by the Commission, but one that may be found to be consistent with the rules. The Commission directs SWBT to come forward with additional information to justify its use of this marketing allocator. In the case of the general allocator, the Commission finds that SBC apparently has kept certain costs out of its calculation of the allocator in violation of the rules. (over) - 2 - The fourth issue is related to AMI and concerns a contract whereby SWBT solely pays for reserved, unused hotel space in a property owned by Majestic Associates, in which AMI has an ownership interest. The hotel space is used by SWBT and other affiliates. The Commission orders SWBT to show why the contract costs should be booked solely by SWBT, and to demonstrate that the contract rate reflects fully distributed costs. Action by the Commission January 26, 1995, by Order to Show Cause (FCC 95-31). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. -FCC- News Media contact: Susan Lewis Sallet at (202) 418-1500. Common Carrier Bureau contact: Thomas J. Beers at (202) 418-0872.