Prison Phone Justice

M E S S E RC A P A R E L L O

& SELF, P.A.
I

A t t o r n e y s A t Law

www.
lawfla.com

April 9, 2007

BY HAND DELIVERY
Ms. Ann Cole, Director
Commission Clerk and Administrative Services
Room 110, Easley Building
Florida Public Service Commission
2540 Shumard Oak Blvd.
Tallahassee, Florida 32399-0850
Re:

Docket No. 060614-TC

Dear Ms. Cole:

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Enclosed for filing on behalf of TCG Public Communications, Inc. and Global Tel*Link

c w Corporation are an original and fifteen copies of TCG Public Communications, Inc. and Global
eFLink Corporation's Response and Agreement to Inspect of TCG Public Communications, Inc.'s
+&Global Tel*Link Corporation to Resolve the Petition and Memorandum to Inspect and Examine
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Confidential Material of Kirsten Salb in the above referenced docket.
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Please acknowledge receipt of these documents by stamping the extra copy of this letter

kW' and returning the same to me.

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you for your assistance with this filing.

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Enclosures
cc:
Ms. Lynda Gaston
Parties of Record

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Regional Center Office Park

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2618 Centennial Place

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Tallahassee, Florida E 3

M a i l i n g Address P 0 Box 15579 / Tallahassee, Florida 32317
Matn Telephone (850) 222-0720 / Fax. (850) 224-4353

APR-9 s

FPSC-COH?<ISS1OHCL Esfi

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Compliance investigation of Global Public
Communications, Inc. for apparent violation of
Section 364.183(1), F.S., Access to Company
Records, and determination of amount and
Appropriate method for refunding overcharges
For collect calls made from inmate pay telephones.

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Docket No. 060614-TC

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RESPONSE AND AGREEMENT TO INSPECT OF
TCG PUBLIC COMMUNICATIONS, INC. AND
GLOBAL TEL*LINK CORPORATION TO RESOLVE THE
PETITION AND MEMORANDUM TO INSPECT
AND EXAMINE CONFIDENTIAL MATERIAL OF KIRSTEN SALB

TCG Public Communications, Inc. (hereinafter “TCG’) and Global Tel *Link
Corporation (“GTL”), pursuant to sections 119.07(1) and 364.1 83, Florida Statutes (2006), and
Rule 25-22.006, Florida Administrative Code, hereby files with the Florida Public Service
Commission (“FPSC” or “Commission”) its Agreement to Inspect that resolves the Petition and
Memorandum to Inspect and Examine Confidential Material (“Inspection Petition”) filed by
Kirsten Salb (“Salb”) on March 28, 2007. TCG and GTL have no objection to counsel for Salb
inspecting and copying as set forth herein. In support of this response, TCG and GTL sate as
follows:
1.

On or about March 28, 2007, undersigned counsel received via electronic mail the

Inspection Petition filed by counsel for Salb.
2.

Based upon TCG’s and GTL’s read of the Inspection Petition, Salb appears to be

requesting two things: first, the opportunity to inspect and confirm that materials Evercom
Systems, Inc. (“Evercom”) and Correctional Billing Services (“CBS”) have filed in this docket

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are the same as those Evercom and CBS have produced in a separate litigation between Salb and
EvercodCBS; and, second, the opportunity to examine and copy those materials filed by TCG
and GTL in this docket.
3.

Salb and EvercodCBS have apparently resolved the Inspection Petition with

respect to the EvercodCBS materials provided to the Commission in this docket. TCG and
GTL do not object to this resolution, as those parties have agreed to maintain the confidentiality
of any claimed confidential documents for the immediate inspection and confirmation process.
TCG and GTL only note for the record that TCG and GTL assert that TCG is the owner of some

of the materials produced to this Commission by EvercomKBS, and that the claimed
confidential materials are in fact confidential and exempt fiom the public record on the basis of
one or more of the statutory exemptions set forth in section 364.183(3), Florida Statutes.
4,

'With respect to Salb's request to inspect and copy documents produced by TCG

and GTL in this matter, TCG and GTL have no objection to Salb inspecting and copying any
materials provided to the Commission that were not filed pursuant to a claim for confidential
treatment. As for those materials TCG and GTL have filed with the Commission pursuant to a
claim for confidentiality under section 364.183(1), TCG and GTL are not opposed to counsel for
Salb having an opportunity to inspect and copy, if necessary, such claimed confidential
materials.
5.

Accordingly, counsel for Salb and TCG/GTL have agreed that counsel for Salb

shall have the opportunity to inspect and obtain copies of the TCG/GTL claimed confidential
information pursuant to the following process and conditions:
a.

Counsel for Salb may inspect at a date and time for such review that is

acceptable to counsel for Salb and counsel for TCG/GTL at the offices of counsel for TCG/GTL.

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b.

If counsel for Salb desires to obtain a copy of any of the claimed

confidential information of TCWGTL, counsel for TCG/GTL shall produce a copy of the
requested confidential documents within five business days and Salb and her attorneys may use
such confidential information only subject to the terms of this agreement.
d.

Any claimed confidential information of TCG/GTL that is inspected by

Salb or her counsel or which Salb or her counsel take possession of shall continue to be treated
as confidential by Salb and her counsel during and after the inspection and during Salb’s and her
counsel’s possession of such materials, except as may be provided for herein.
e.

TCG and GTL reserve their right to seek confidential protection by means

of a protective order, formal request for confidential classification, or other appropriate
mechanism. Salb reserves her right to challenge the confidentiality of such information in a
subsequent pl6ading if necessary.

The parties agree that this agreement resolves the pending

Inspection Petition and no further action by the Commission at this time is necessary.
f.

Any TCG or GTL confidential information that Salb or her counsel may

inspect or take possession of pursuant to this agreement may be used by Salb or her counsel only
in Case No. 06-20290-civ-UNGARO-BENAGES/O’SULLIVAN, pending before the
a case
United States Federal District Court for the Southern District of Florida (“Salb Case”) and any
appeals that may arise out of this case.
g.

In the event Salb or her counsel desire to utilize any of the TCG or GTL

confidential information in the Salb Case in a manner that will continue to protect their
confidential content, then counsel for Salb shall notify undersigned counsel for TCG and GTL as
soon as is reasonable under the circumstances. Salb and her counsel may use such confidential

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documents pursuant to a protective order of the court in the Salb Case and shall continue to
protect such confidential information.
h.

In the event Salb or her counsel desire to disclose on the public record any

of the TCG or GTL confidential information in the Salb Case, then counsel for Salb shall
proceed on the basis of the following procedures, as applicable:

(1) If the FPSC has issued an order granting confidential classification to
such documents pursuant to Rule 25-22.006(4), Florida Administrative Code: Counsel for Salb
shall notify undersigned counsel for TCG and GTL at least 20 days in advance of such use and
may file a petition challenging such confidential classification, whereupon the process in Rule
25-22.006(7), Florida Administrative Code, shall apply. If Salb does not file a challenge under
Rule 25-22.006(7), or the FPSC continues to grant confidential status to the information, then
Salb and her cbunsel shall continue to treat the information as confidential and such information
may be used only pursuant to a protective order of the court.
(2) If the FPSC has not issued an order granting confidential classification
to such documents pursuant to Rule 25-22.006(4), Florida Administrative Code: Counsel for
Salb shall notify undersigned counsel for TCG and GTL at least 25 days in advance of such use,
whereupon TCG/GTL shall within five business days file the appropriate request for confidential
classification with the FPSC.

If Salb desires to challenge the request for confidential

classification, the process in Rule 25-22.006(7), Florida Administrative Code, shall apply. If
Salb does not file a challenge under Rule 25-22.006(7), or the FPSC issues an order granting
confidential status to the information, then Salb shall continue to treat the information as
confidential and such information may be used only pursuant to a protective order of the court,

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(3) Salb and her counsel may use on the public record any information

which TCG/GTL does not claim is confidential or for which the FPSC has issued a final order
denying confidential classification that is not the subject of an appeal, If TCG/GTL appeals an
order of the FPSC denying confidential classification, then Salb and her counsel shall continue to
treat such information as co&idential to the extent there is an order of the FPSC granting
temporary confidential status during the pendency of such appeal.

WHEREFORE, the undersigned parties have agreed to allow the inspection and
examination to take place as outlined in Paragraph 5 above and no further action by the
Commission with respect to the Inspection Petition is necessary at this time.

Justin G. Witkin, Esq.
Aylstock, Witkin & Sasser, PLC
4400 Bayou Blvd., Suite 58
Pensacola, FL 32503
(850 916-7450

Tallahassee, FL 32308
(850) 222-0720
Attorneys for

TCG Public Communications, Inc.
and
Global Tel*Link Corporation

and
Lance A. Harke, Esq.
Howard A. Bushan, Esq.
Harke & Clasby, LLP
155 South Miami Avenue, Suite 600
Miami, FL 33 130
(305) 536-8220
Attorneys for Kirsten Salb

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served on the
following parties by U.S. Mail this 9thdayof April, 2007.
Lee Eng Tan
Office of General Counsel
Florida Public Service Commission
2540 Shumard Oak Blvd.
Tallahassee, FL 32399-0850

Jon C. Moyle, Jr.
Moyle, Flanigan, Katz, Breton, White &
Krasker, P.A.
118 North Gadsden Street
Tallahassee, FL 32301

Patrick Wiggins
Office of General Counsel
Florida Public Service Commission
2540 Shumard Oak Blvd.
Tallahassee, FL 32399-0850

Douglas A. Kreis, Esq.
R. Jason Richards, Esq.
Justin G . Witkin, Esq.
Aylstock, Witkin & Sasser, PLC
4400 Bayou Blvd., Suite 58
Pensacola, FL 32503

TCG
Ms. Lynda Gaston
c/o Global Tel*Link Corporation
2609 Cameron Street
Mobile, AL 36607-104
David Silverman, Esq.
Global Tel*Link
1201 1 Lee Jackson Memorial Hwy, Suite 320
Fairfax, VA 22033
Tracy W. Hatch, Esq.
AT&T Communications of the Southern
States, Inc.
101 North Monroe Street, Ste 700
Tallahassee, FL 32301
Mr. Randy Hoffman
Vice President
Securus Technologies, Inc.
14651 Dallas Parkway, 6'h Floor
Dallas, Texas 75254

Lance A. Harke, Esq.
Howard A. Bushman, Esq.
Harke & Clasby, LLP
155 South Miami Avenue, Suite 600