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BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Compliance Investigation of TCG Public Communications, Inc. for apparent violation of Section 364.183( l), F.S., Access to Company Records, and Determination of amount and Appropriate method for refunding overcharges for collect calls made from inmate pay telephones ) ) ) Docket 1 ) ) ) STATE OF FLORIDA AT&T’S COMMUNICATIONS OF THE SOUTHERN STATES, LLC/d/b/a AT&T RESPONSE TO SUBPOENA DUCES TECUM WITHOUT DEPOSITION Request No. I : Any and all requests and correspondence regarding telephone equipment sensitivity settings for the correctional facilities served by TCG in the state of Florida Response: Responsive Documents Attached. Request No .2: Any records of modifications and changes to sensitivity levels for the telephone equipment for the correctional facilities served by TCG in the state of Florida. Response: No documents responsive to this request are within AT&T’s posssession or control. Request No.3: Complete copies of any and all contracts between TCG and Evercom d/b/a Correctional Billing Services governing work performed for TCG by Evercom d/b/a Correctional Billing Services, See Attached “unsigned” copy of agreement between AT&T and Evercom. :MP :OM Tf? ,-, SCL Response: 3PC Xi4 5CR Request No.4: 3GA SEC 3TH I Please provide the information below for calls that terminated and another call was completed to the same telephone number within 10 minutes for correctional facilities, identified by month and location, serviced by TCG in the state of Florida. (a) LOCAL - Number of calls (b) Intrastate - Number of calls Response: AT&T has no information, and no access to information responsive to this request. Request No.5: How many complains have been received by the company from consumers conaerning prematurely disconnected calls (for all correctional facilities served by TCG) for the time AT&T controlled TCG? Based on AT&T’s records 14 complaints were received from consumers complaining of prematurely disconnected or “dropped” calls. Of the 14 consumer complaints, 8 received refunds which totaled $1339.81 plus applicable taxes. Response: SUBMITTED this 23‘d day of October, 2006. 2 - Daniels,Sonia C EXTAF Subject: FW: 3-way at PTDC EXHIBIT - A ---0 riginaI Message----From: Brown, Kim (MDCR) (305) 229-7574 [mailto:KBROWND@miamidade.gov] Sent: Monday, December 22,2003 11:04 AM To: Teruel, Adelaida (Ada), CSSVC; Larry Batts (E-mail 2) Cc: Brophy, Frank (MDCR) (305) 229-7548; Mike Delucia (E-mail); Edwards, Ronald J (Ron), CSSVC; Walsh, JoAnn, CSSVC Subject: RE: 3-way at PTDC Good morning Ada, 43% is exactly what is needed at this time for PTDC and we will evaluate all the facilities again for the New Year, once we are provide updated comparison stats. Thank you. Kim Brown Miami-Dade Corrections & Rehabilitation Dept. -----0riginal Message----From: Teruel, Adelaida (Ada), CSSVC [mailto:email@example.com] Sent: Monday, December 22,2003 10:47 AM To: Brown, Kim (MDCR) (305) 229-7574; Larry Batts (E-mail 2) Cc: Brophy, Frank (MDCR) (305) 229-7548; Mike Delucia (E-mail); Edwards, Ronald J (Ron), CSSVC; Walsh, JoAnn, CSSVC Subject: RE: 3-way at PTDC Good morning Kim, We have your letter stating at 35%, my understanding at the present time Pre-Trial is at 43% any tighter it will cause many calls to be dropped just by breathing this will cause complaints to the Florida PSC. Please advise what percentage is Miami-Dade County requesting 3-way to be set at. Thank you and Happy Holidays! Ada Teruel AT&T Public Markets Office: 305-828-9605 FAX: 281-664-4910 CelI: 305-205-3679 €-MaiI: te rue I@att.co m -----0riginal Message----From: Brown, Kim (MDCR) (305) 229-7574 [mailto:KBROWND@miamidade.gov] Sent: Monday, December 22,2003 10:14 AM To: Larry Batts (E-mail 2) Cc: Brophy, Frank (MDCR) (305) 229-7548; Teruel, Adelaida (Ada), CSSVC; Mike Delucia (E-mail) Subject: 3-way at PTDC Good morning Larry, Sorry for the delay in confirm the need for further adjustment at PTDC, I have been out sick. Per our conversation over a week ago, I am confirming that we still need PTDC 3-way tighten a little more, as that facility is the most prevalent offender of the system. Thank you Kim Brown Miami-Dade Corrections & Rehabilitation Dept. 2 EXHIBIT - B - Daniels,Sonia C EXTAF Subject: FW: Re: Importance: High Richard Breeder - Florida PSC Case No 123388 -----Original Message----From: Teruel, Adeiaida (Ada), CMO Wednesday, January 19, 2005 6:29 PM Sent: To: Kim Brown (E-mail) Ron Edwards (E-mail); Frank Brophy (E-mail) cc: Subject: RE: Re: Richard Breeder Ronda PSC Case No. 123388 Importance: High - Good evening Kim, I am following up on our discussion and your request on January 18th for an extension until January 19th to respond to our letter, at this time I still do not have a response from Miami Dade Corrections. AT&T will proceed with the steps mentioned on our letter dated January 7, 2005. Thank you, Ada Teruel AT&T National Public Markets Project Manager Office: 305- 828- 9605 Wireless: 305-205-3679 Fax: 281-664-4910 e-mail: firstname.lastname@example.org -----Original Message----From: Teruel, Adelaida (Ada), CMO Tuesday, January 18, 2005 1153 AM Sent: Frank Brophy (E-mail); Klm Brown (E-mail) To: cc: Ron Edwards (E-mail) RE: Re: Richard Breeder Florida PSC Case No. 123388 Subject: - Good morning Mr. Brophy and Ms. Brown, As of today I have no response from Miami Dade Corrections on the e-mail below, AT&T will proceed with the steps mentioned below. Thank you, Ada Teruel AT&T National Public Markets Project Manager Office: 305-828-9605 Wireless: 305-205-3679 Fax: 281-664-4910 e-mail: email@example.com -----Original Message----From: Teruel, Adelaida (Ada), CMO Friday, January 07, 2005 3:OO PM Sent: Frank Brophy (E-mail); Kim Brown (E-mail) To: cc: Subject: Ron Edwards (E-mail) Re: Richard Breeder - Florida PSC Case No. 123388 Good afternoon Mr. Brophy and Ms. Brown: We have received the attached letter from the staff of the State of Florida Public Service Commission. AT&T must respond by January 21, 2005. The Commission’s letter is in response to the attached email from Ms. Brown to Mr. Lewis of the Commission staff dated December 20, 2004. While AT&T does not fully agree with the Department’s December 20themail, we do not wish to discuss that at this time, and instead AT&T wishes to focus on what to tell the Commission on the 2Ist and what sensitivity settings should be used in the future, The Commission has asked that AT&T lower the sensitivity levels of the Miami-Dade Corrections & Rehabilitation Department facilities, based on the information in the Department‘s email. Unless the Department directs AT&T otherwise, in accordance with the Public Service Commission’s request AT&T intends to drop the sensitivity levels at all of the Department’s facilities to 30% on February 1, 2005, and will advise the Commission of this plan in its January 21, 2005 response. Should the Department desire that the sensitivity levels at the facilities be kept at their current settings, or be set at some different level than 30%’ we will need to receive a clear instruction in writing or email from the Department no later than January 18, 2005, specifying the exact sensitivity levels that you want used at the Department‘s locations. If AT&T receives such an instruction from the Department, we will provide that to the Commission on the 2Istand advise them that it is our intent to comply with the Department’s request. Othetwise, AT&T will comply with the Commission’s request to lower the sensitivity levels, as stated above. Thank you. Sincerely, Ada Teruel AT&T National Public Markets Project Manager Office: 305- 828- 9605 Wire/ess: 305-205-3679 Fax: 287 -664-4970 e-mail: teruelgatt. com 2 Attachment: From: Brown, Kim (MDCR) (786) 263-5853 [mailto:firstname.lastname@example.org] Sent: Monday, December 20, 2004 3:07 PM To: Clayton Lewis Cc: Brophy, Frank (MDCR) (786) 263-5859; Don McDonald Subject: RE: CATS # 589024T - Richard Breeder Good afternoon Clayton Lewis, Miami-Dade Corrections and AT&T do not have a contractual agreement regarding the 3-way sensitivity level, so there is no agreement we can supply. We have requested that the level of the sensitivity be increased and decreased to protect our facility security and to address issues AT&T has brought to our attention. The current level has stopped the majority of the 3-way calls. AT&T was the initiator of this request dating back to 10/2003. Thank you Kim Brown Miami-Dade Corrections & Rehabilitation Dept. << File: F0541EB.tif >> 3 EXHIBIT - C Redacted