State ex rel. City of Grain Valley v. Public Service Commission

778 S.W.2d 287, 1989 Mo. App. LEXIS 1008, 1989 WL 74731
CourtMissouri Court of Appeals
DecidedJuly 11, 1989
DocketNo. WD 41020
StatusPublished

This text of 778 S.W.2d 287 (State ex rel. City of Grain Valley v. Public Service Commission) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. City of Grain Valley v. Public Service Commission, 778 S.W.2d 287, 1989 Mo. App. LEXIS 1008, 1989 WL 74731 (Mo. Ct. App. 1989).

Opinion

TURNAGE, Presiding Judge.

The City of Grain Valley filed a complaint against Southwestern Bell Telephone Company with The Public Service Commission alleging that Bell had discriminated against its customers in Grain Valley by charging them a greater fee than customers in Blue Springs. Section 392.200.2, RSMo 1986. After holding public hearings the Commission issued its report and order in which it found that Grain Valley customers received the same service as Blue Springs customers but that the service was not provided under the same circumstances. The Commission dismissed the complaint. On appeal to the circuit court the Commission’s decision was affirmed. Grain Valley contends the Commission’s order is not reasonable because it is not supported by competent and substantial evidence. Reversed and Remanded.

The facts are virtually undisputed. Prior to May, 1956, Bell supplied telephone service to Grain Valley through a magneto switch located in Grain Valley. Grain Valley customers cranked a telephone to trip a switch in the Grain Valley office and an operator manually connected the caller to the desired number. In May, 1956, the Bell office in Grain Valley was closed and the magneto switch was removed. Telephone service for Grain Valley was thereafter provided through an office in Blue Springs. Also at that time a dial system was installed so that instead of the crank instrument, a customer lifted the receiver and heard a dial tone and proceeded to dial the desired number. Bell concedes that when Grain Valley customers began receiving service from the Blue Springs office that the same service was given to Grain Valley as was given Blue Springs. All phones in the two areas received the dial tone from the Blue Springs office. All calls were carried over wires to the Blue Springs office where the call was switched to its destination. Bell could not tell whether a call originated in Blue Springs or Grain Valley under this arrangement, but Bell desired to charge more to Grain Valley subscribers so it was necessary to assign a different number prefix to Grain Valley phones. Without this difference and some modification to the switching equipment, Grain Valley customers would have the same calling capacity as Blue Springs customers. With the modification and by assigning different numbers, Bell was able to impose a toll of five cents per call for residential customers and fifteen cents per call for business customers for calls placed in Grain Valley to Blue Springs.

Long Distance tolls for Grain Valley customers were calculated from the Blue Springs office, but calls in the metropolitan [289]*289Kansas City area were charged on the distance from a point in Grain Valley shown on a map filed by Bell with the Commission. There was no office or telephone function located at such point. It was simply a point placed on a map from which Bell measured the distance from Grain Valley to other parts of the metropolitan area for the purpose of calculating inter-zone charges in the Kansas City area.

In 1962, Blue Springs customers were first offered optional toll free service under the Wide Area Service Plan (WASP) for fixing tolls for calls to and from telephones in the Kansas City area. This plan involved tiers drawn around the downtown area of Kansas City. There was a center zone with four tiers around it. The Blue Springs area was placed in the third tier and Grain Valley in the fourth. The higher the tier number the greater the toll to call other parts of the metropolitan area. Optional toll free service meant that by paying a higher monthly fee a customer could call anywhere in the Kansas City area toll free. Grain Valley customers did not get optional toll free calling until 1970 when it was given fourth tier status. There is a much higher rate for telephones in the fourth tier than those in the third tier.

In 1976, on a complaint by Blue Springs, the Commission ordered that Blue Springs be changed from a third tier to a second tier status. As a result of this change all customers in the Blue Springs area received toll free calling in the metropolitan Kansas City area on a non-optional basis. The fee for the Blue Springs phones are considerably less than the fee for phones in Grain Valley. Even Grain Valley customers who elect to take optional toll free service pay much higher fees than Blue Springs customers. The evidence showed that Grain Valley customers pay $94,275 per year more in telephone rates than do Blue Springs customers.

A Bell engineer testified that the Blue Springs and Grain Valley areas were considered by Bell as one entity and one geographic location. He stated the switch equipment for receiving and dispatching calls for telephones in both areas was placed in Blue Springs because that was the wire center. He explained that the wire center is the center of the length of all of the loops of wire that serve a territory. The switching equipment is placed in the wire center as a matter of economy and the engineer stated that if the population of Grain Valley grew so that the wire center moved east from Blue Springs a wire center with switching equipment might be located in Grain Valley. He stated that after the modern electronic switching system was installed in 1975, Bell had written a program for its switching equipment by which Grain Valley customers were identified by giving them a different number prefix than Blue Springs customers as had previously been done. In that way the toll could be maintained for calls from Grain Valley to Blue Springs. He stated the equipment handled the calls originating in Blue Springs or Grain Valley in the same manner, and were it not for the special program placed in the equipment, there would not be any distinction between a call placed in Grain Valley from one placed in Blue Springs. He stated there was no difference between a customer who is located four miles south of the central office in Blue Springs from one who is located four miles east but who is in the Grain Valley area. Both had their calls go from the individual telephone to the office in Blue Springs.

There was evidence from Bell that it could not identify costs on an embedded basis for telephones in a particular area when electronic switching was done on the same switching equipment. In other words, Bell could not identify a greater embedded cost for serving Grain Valley telephones than for serving Blue Springs telephones because they were served by the same switching equipment.

Grain Valley contended that because its telephones were served by the same equipment as Blue Springs telephones and there was no greater cost incurred by Bell in serving Grain Valley customers that Bell was in violation of § 392.200.2, RSMo 1986. That section provides:

[290]*290No telegraph corporation or telephone corporation shall directly or indirectly or by any special rate, rebate, drawback or other device or method charge, demand, collect or receive from any person or corporation a greater or less compensation for any service rendered or to be rendered with respect to communication by telegraph or telephone or in connection therewith, except as authorized in this chapter, than it charges, demands, collects or receives from any other person or corporation for doing a like and contemporaneous service with respect to communication by telegraph or telephone under the same or substantially the same circumstances and conditions.

The Commission found that Grain Valley customers were receiving the same or similar service as Blue Springs customers and that there was no additional cost in serving Grain Valley customers.

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Bluebook (online)
778 S.W.2d 287, 1989 Mo. App. LEXIS 1008, 1989 WL 74731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-city-of-grain-valley-v-public-service-commission-moctapp-1989.