NEWSNEWSReport No. DC 95-113 ACTION IN DOCKET CASE September 8, 1995 CURRENT PAYPHONE COMPENSATION RULES GENERALLY AFFIRMED; COMMENTS SOUGHT ON PER-CALL COMPENSATION (CC DOCKET 91-35) The Commission has generally affirmed its earlier decisions establishing the process by which owners of payphones may be paid by long-distance companies for originating calls. In addition, in an accompanying Notice of Proposed Rulemaking, the Commission seeks comment on whether certain long distance companies should pay compensation to payphone owners on a per-call instead of a flat-rate basis. This Order generally affirmed the Commission's 1993 Reconsideration Order, which, in turn, affirmed the 1992 Second Report and Order prescribing an interim mechanism by which owners of payphones may be paid by long-distance companies. In addition, the Commission clarified certain requirements of those rules and granted a petition by Allnet that it be removed from the list of compensation payors because it does not provide "operator services," as defined by the Telephone Operator Consumer Services Improvement Act ("TOCSIA"). In 1984, the Commission authorized competitive entry into the payphone market. Previously, all payphones had been owned and operated by the LECs. Today, competitive payphone owners offer premises owners a commission on coin and 0+ calls originating from their payphones. The competitive payphone owners earn revenues by reselling local and 1+ long distance service from their payphones and by presubscribing their payphones to IXCs. Prior to 1992, the competitive payphone owners earned no revenues when a caller "dialed around" the presubscribed carrier to reach the long distance carrier of his choice. A caller "dials around" by using an access code (e.g., 1-800-CALLXXX or 10XXX) that connects the caller to a particular long distance company. (over) - 2 - In April 1992, the FCC adopted rules that prescribed an interim mechanism by which competitive payphone owners may collect a flat rate of $6 per payphone per month from certain IXCs for originating interstate access code calls from their payphones. In its action, the Commission has asked for comment on a per-call payment mechanism. The Commission tentatively concluded that the largest IXCs, those with annual toll revenues exceeding $1 billion, should be required to pay compensation on a per-call basis. Under this mechanism, a carrier would pay the competitive payphone owner a certain rate for each call that a caller originates using an access code. Action by the Commission August 23, 1995, by Memorandum Opinion and Order on Further Reconsideration and Second Further Notice of Proposed Rulemaking (FCC 95-374). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. -FCC- News Media contact: Susan Lewis Sallet at (202) 418-1500. Common Carrier Bureau contact: Michael Carowitz at (202) 418-0960.