NEWSReport No. CC 95 -37 COMMON CARRIER ACTION June 23, 1995 FCC, OHIO AND WISCONSIN COMMISSIONS COMPLETE JOINT AUDIT -- ENTER INTO CONSENT DECREE CONCERNING AMERITECH AFFILIATE TRANSACTIONS The FCC and the public service commissions of Ohio and Wisconsin have completed a joint audit of Ameritech affiliate transactions and negotiated a Consent Decree with the Ameritech Telephone Operating Companies (AOCs) to resolve issues raised by the audit. Pursuant to the Consent Decree, the FCC and the state commissions have agreed to refrain from pursuing enforcement actions against the AOCs. Ameritech has agreed to make serious and substantial changes to its documentation regarding affiliate transactions accounting and reporting practices. Ameritech also has agreed to pay $375,000 to the U.S. Treasury, $200,000 to Ohio, and $100,000 to Wisconsin. The Commission currently has in place rules to govern transactions between regulated carriers and their non-regulated affiliates. These rules have become more important over the past few years as telecommunications carriers have diversified to offer a wide variety of regulated and nonregulated products and services. The Commission's affiliate transactions rules, adopted in the Commission's 1986 Joint Cost proceeding, provide a valuation methodology for such transactions and govern the apportionment of carriers' costs between regulated services and nonregulated activities. The carriers are required to use these cost apportionment rules to develop cost allocation manuals (CAMs) which describe in detail how their costs are apportioned between regulated and nonregulated operations. The CAMs also identify each affiliate that engages in transactions with a carrier, and describe the nature, terms and frequency of those transactions. CAMs are available for public inspection at the FCC. A joint audit team, including Commission auditors and auditors from the public service commissions of Ohio and Wisconsin, examined transactions between the AOCs and their nonregulated affiliate, Ameritech Services, Inc. (ASI) during 1992. (ASI provides centralized management and various product and services support for the AOCs.) The audit team's objective was to evaluate compliance with the Commission's affiliate transactions rules, and specifically, to determine whether ASI's costs are properly identified and allocated to regulated and nonregulated accounts. The audit team found that, in many cases, Ameritech did not provide or could not produce sufficient documentation to allow a (over) - 2 - determination of whether the costs associated with ASI services provided to the AOCs had been properly allocated between regulated and nonregulated operations. In other cases, the audit team concluded that Ameritech had not properly allocated such costs. The Commission found that resolving the issues in the joint audit by adopting the Consent Decree was in the public interest. The joint audit concerned carrier compliance with Commission affiliate transaction rules. The audit findings led to negotiations with Ameritech that produced a settlement agreement that addressed the auditors' documentation concerns. This forestalled the need to take enforcement action. Pursuant to the Consent Decree, the parties also have agreed to release the Joint Audit Report, including Ameritech's response to the joint audit team's findings. The Commission adopted an Order authorizing release concurrent with adoption of the Consent Decree. Actions by the Commission June 9, 1995, by Memorandum Opinion and Order and Consent Decree Order (FCC 95-222, 95-223). Chairman Hundt, Commissioners Ness and Chong, with Commissioners Quello and Barrett concurring in the result and Commissioner Barrett issuing a separate statement. - FCC - News Media contact: Susan Lewis Sallet at (202) 418-1500. Common Carrier Bureau contact: Thomas Beers at (202) 418-0872.