In re St. Joseph Tel. & Tel. Co.

19 Fla. Supp. 150
CourtFlorida Public Service Commission
DecidedApril 2, 1962
DocketNo. 6395-TP
StatusPublished
Cited by1 cases

This text of 19 Fla. Supp. 150 (In re St. Joseph Tel. & Tel. Co.) is published on Counsel Stack Legal Research, covering Florida Public Service Commission primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re St. Joseph Tel. & Tel. Co., 19 Fla. Supp. 150 (Fla. Super. Ct. 1962).

Opinion

BY THE COMMISSION.

Pursuant to order #3202, previously entered in this docket, public hearings were held with regard to the subject application on September 6, 1961, in the city hall of the city of Port St. Joe, and on October 17, 1961, at the same place.

Pursuant to the request of certain parties opposing the rate increase sought by the petitioner, the commission by order #3232 set this matter down for further hearing on October 18, 1961, and held such further hearing in the Calhoun County Courthouse in Blountstown.

The commission having considered the entire record with regard to this matter now enters its order in the premises.

The St. Joseph Telephone and Telegraph Company is a corporation organized and existing under the laws of the state of Florida with its principal office and place of business in the city of Port St. Joe, Gulf County, Florida. The company is engaged, in addition to other activities, in the general telephone business and maintains exchanges in the cities of Altha, Apalachicola, Port St. Joe, Carrabelle, Blountstown, Chattahoochee, Wewahitchka, Bristol, and Tyndall Air Force Base. It also maintains an exchange in an unincorporated area along the gulf beaches in Gulf and Bay counties. The company serves the rural areas adjacent to these [152]*152exchanges, and also transmits and receives long distance toll calls in intrastate and interstate commerce. In addition to the above services, the company also owns and operates communication facilities used, in conjunction with other facilities provided by other companies, by the United States Government in providing , a communication network known as semi-automatic ground environment, commonly known as SAGE.

As a part of its program of modernization and expansion of its plant facilities, the company has converted all of its manually operated exchanges to automatic dial exchanges and continues to extend its lines into rural areas, making telephone service available to subscribers who could not formerly obtain it. To provide such expansion, the company during the past several years has expended, from its own funds and from funds borrowed from the Rural Electrification Administration, in excess of $2,600,000.

The company points out in its petition that its presently authorized rates for local service vary considerably between its various exchanges. Not only were some of the rates established prior to the installation of modern exchange equipment which replaced outmoded equipment but, in addition, the number of subscribers served by some exchanges has increased substantially. The company feels, therefore, that the difference in rates is unjustified and inequitable from its own point of view as well as from the point of view of certain of its customers.

In order to establish more uniform rates between its exchanges and provide the additional revenue which the company maintains it is entitled to receive, it has proposed increases in rates in virtually all of its exchanges which would provide on an annual basis an increase in total revenues amounting to some $44,194.

The commission’s function in a proceeding of this nature is to determine whether the company is or is not earning a fair return on the reasonable value of its property dedicated to the public service. Under the law, the company is entitled to earnings which will produce such a return. At the same time, the utility company has the legal obligation of furnishing adequate and efficient telephone service to the public at reasonable rates. To make a finding that the company’s present rates are unjust and unreasonable to the point of necessitating an increase in rates, the commission must first determine the amount or value of the property of the company which has been dedicated to the public service (the rate base) and then determine the present income being derived from the subscribers to the utility’s telephone service (net operating income). Thereafter, if such income does not provide a fair return the commission must determine what would be a fair rate of [153]*153return and authorize rates and charges sufficient to produce such a return.

Since there were efforts made at the hearings on this petition to introduce evidence indicating that the company was not providing adequate or efficient service, it is necessary to comment here that the commission is precluded by law from considering adequacy of service in the determination of the just and reasonable rate of return that a telephone utility company may legally demand. For that reason no evidence pertaining to the adequacy of service rendered by this company was admitted in the record and the quality of such service will not be a factor considered by the commission in reaching its decision in this case.

Rate Base

According to the books and records of the company, it computes its rate base as follows —

Plant in Service........................................................................ $3 498 530
Less: Depr. Res. and Amort. Res................................... 683 681
Net Plant .................................................................... $2 814 849
Materials and Supplies............................................................ ? 41 580
Cash Working Cap................................................................. 29 510
Net Plant and Working Cap...................................$2 885 939
Less: Income Tax Lag........................................................ ?_
RATE BASE ................................................................................?2 885 939

The commission’s staff has carefully audited the company’s records and examined its plant, and finds that the representations here made are reasonable and should be accepted with only two exceptions.

One commission adjustment resulted in increasing the provision for cash working capital by $221. Although the amount involved is of no particular significance, it results from an error in calculation by the company for which it should not be penalized.

The other adjustment considered necessary by the commission results in the reduction of the company’s rate base by $48,794. This reduction is occasioned by the failure of the company to provide for an income tax lag. As a usual matter, the income tax lag represents 50% of the annual income tax payment and is justified because the tax is usually paid in quarterly installments and the funds accumulated for such payments represent cash available to the company at least in such percentage. Since this company makes only 2 tax payments annually, one in March and one in [154]*154June, we have computed the lag on the basis of an average monthly balance of the actual tax liability and have added to this an adjustment to cover anticipated tax liability under the new rates authorized by this order.

With these two adjustments the commission finds the rate base to be $48,573 less than that computed by the company, or $2,837,-366.

Net Operating Income

The company’s net operating income during the test year amounted to $132,215.26. This amount was realized after operating expenses and taxes had reduced its operating revenue of $708,973.94 by $576,758.68.

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Bluebook (online)
19 Fla. Supp. 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-st-joseph-tel-tel-co-flapubserv-1962.