HomeMy WebLinkAbout1975-0980 - Ordinance - 09/25/1975ORDINANCE NO. 980
AN ORDINANCE FINDING FACTS, FIXING, DETERMINING, AND REGULATING THE MAXIMUM RATES FOR
LOCAL TELEPHONE SERVICE THAT THE GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, A
CORPORATION, ITS SUCCESSORS AND ASSIGNS, MAY CHARGE FOR ITS SERVICES WITHIN THE CITY
OF COLLEGE STATION, TEXAS: CONTAINING SAVINGS CLAUSE, AND REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, GENERAL TELEPHONE COMPANY OF THE SOUTHWEST requested a rate increase
in the City of College Station and a public hearing before the City Council was had
on July 17, 1975 and September 9, 1975 and
WHEREAS, at said hearing officials of General Telephone Company of the Southwest
testified as to the information submitted to the City for consideration of a rate
increase in telephone rates, and
WHEREAS, the City Council found that said company in calculating its operating
expense and rate base did not calculate such operating expense and rate base in
accordance with the guidelines recommended by the Texas Municipal League Utility
Regulation Study Committee nor by House Bill 819 passed by the last Legislature of
the State of Texas nor by other proper guidelines, and the following is the findings
of the City Council in connection with such hearing:
Operating Revenues
General Telephone Company selected as the test year the 12 months ending
June 30, 1974 and assured the City Officials on September 18, 1975, that this was
the latest data available and was the data for which the City is requested to make
its findings and decisions. It showed an operating revenue of $3,798,744.00 for
the local exchange at level operations for the 12 months ended June 30, 1974, at
present rates and requested a local service increase of $1,071,951.00 per year
after allowance for uncollectibles.
Operating Expenses
General Telephone Company shows its operating expenses exclusive of federal
income taxes to be $2,703,075.00 based upon a depreciation expense of $969,734.00
based upon the fair value of its property and upon statewide usage for separation
of property instead of $750,563.00 which is the amount of the book depreciation
expense based upon this exchange. The Company shows its federal income tax to
be $286,608.00 for the year.
General has overstated its depreciation expense by the difference between
$969,734 and $750,563 or $219,171. The City Council has not knowingly allowed
any previous utility to charge depreciation expense based on anything other than
actual book depreciation.
The federal income tax of $286,608.00 claimed by General was computed on
the basis of yet another depreciation expense of $885,367. A 48% income tax
factor was applied to the taxable income in lieu of the actual effective income
tax rate of 43.3% experienced by the Company. The operating expense of $2,703,075.00
shown by General is overstated by the $219,171.00 depreciation expense overcharge.
The operating expenses claimed by General include $704,561.00 for maintenance
expenses. The Company does not keep separated the expenses associated with the
different classes or types of service. Expenses associated with toll operation
and local service are generally intermingled and the Company uses the Ozark
Separation Method approved by FCC to separate the portion of the total expenses
and properties applicable to interstate and intrastate toll. General did not
use full Ozark Separation down to the exchange level and failed to recognize
the high toll usage for this exchange. Instead, General assigned to toll only,
expenses and properties that would reflect statewide average toll usage and
then, General subtracted these toll expenses and properties from the
exchange amounts and the residue expenses and properties were then as
ORDINANCE NO. 980 Page 2
the local service expenses and properties. While General Telephone benefits from
the higher than usual toll revenues from this higher toll usage of the telephone
facilities it did not recognize that because of this increased usage that more
expenses and properties should be assigned to the toll class of service and thereby
the remaining expenses and properties to be assigned to local service would be less.
It is noted that intrastate toll calls for this exchange shows some 32.7% more
usage than the average for the State.
The City Council finds that the maintenance expenses assigned on a local basis
is estimated not to exceed $640,716 in lieu of the $704,561 claimed by General
Telephone Company.
The total operating expenses excluding federal income tax is therefore
$2,420,059 ($2,703,075 minus 219,171 minus 63,845) and is based upon a reduction
of $219,171 in depreciation expense and $63,845 ($704,561 minus 640,716) in main-
tenance expenses.
The federal income tax is estimated to be $368,076 based upon a net operating
income of $1,378,685 (3,798,744 minus 2,420,059) and a deduction of $474,161 company's
fixed charges, a 43.3% experienced tax rate, and less $23,583 of investment credit.
The total operation expenses including federal income taxes are $2,788,135
($2,420,059 plus 368,076). The net operating income before adding interest earned
during construction is therefore $1,010,609 ($3,798,744 minus 2,788,135). The
income available for rate of return is therefore $1,150,243 after adding the $139,634
interest earned during construction.
Ratp, Base
The fair value rate base presented by the company is based upon a balance
of 50% of original cost depreciated and 50% of replacement cost new less an adjust-
ment for age and condition. General Telephone contends for $17,779,151 rate base
for the local service part of this exchange.
The City Council finds that the reasonable balance in determining fair
value should not be less than 60% and not more than 75% to the original cost
depreciated component, and in view of the poor service and high inflation in this
case that the reasonable balance for weighting of 75% original cost depreciated
and 25% replacement cost new less an adjustment for age and condition is the
proper basis. Therefore, the Council finds that the fair value rate base for the
local service portion of this exchange to be not more than $14,900,000 after
correcting for this exchange toll usage.
Rate of Return
General filed and contends in this case that it is due 8.40% rate or return
upon the fair value of its property but at or near the same time it filed in other
cities in Texas and accepted rates of return much lower than this. It is noted
that Southwestern Bell Telephone Company has been requesting rates of return on
fair value of 5% and less during this time period.
General contends for a 15.00% rate of return o4i common equity stated at
the public hearing.
The Council finds that most other telephone companies of like risk are
earning not more than 6.7% upon the fair value of their property and that most
other telephone companies of like risk are not earning more than 12% rate of return
on common equity.
U4000
ORDINANCE NO. 980 Page 3
The Council finds that 6.7% rate of return on the fair value rate base is
proper. Based upon a rate base of 75% weighting to original cost depreciated, then
a 6.7% rate of return on fair value would render 8.72% rate of return on net plant
and 12% return on common equity.
Net Operating Income
The Council finds that General Telephone Company of the Southwest is not
entitled to more than 6.7% rate of return on a $14,900,000 rate base or $998,300
in net operating income.
The Council finds that General Telephone Company is already earning $1,150,243
under the present rates. This gives a rate of return on a fair value rate base of
7.72%.
General has failed in its burden of proof to show that any increase in rate
is justified.
Final Findings
While General Telephone Company of the Southwest has failed to prove that any
rate relief is needed, the City Council, in hopes of avoiding costly litigation
and in hopes that General will upgrade its telephone service to a reasonable level,
and that the enforcement of the hereinafter authorized rates will not deprive
General Telephone Company of the Southwest of a fair return upon the fair value of
property used and useful in rendering its services to the City, now, therefore,
the Council enacts the following rate ordinance:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
Section 1. From and after the effective date of this ordinance, the General
Telephone Company, its successors and assigns, shall be permitted to charge the
following rates for telephone service within the corporate limits of the City of
College Station, Texas:
Class and Grade of Service
Business One Party
Business Two Party
Business Extension
Residence One Party
Residence Two Party
Residence Four Party
Residence Extension
Semipublic - Business One Party
PABX Trunk
Key Line
Monthly Rates
$14.10
11.45
2.00
6.75
5.60
4.50
1.25
14.10
22.25
14.75
ORDINANCE NO. 980 Page 4
Section 2. That the present levels of rates and charges and the proposed
$146,694 increase per year requested for miscellaneous services and equipment
not included in the rates specified in this Ordinance were taken into account in
establishing the here approved schedule rates and charges, and all such rates
and charges for miscellaneous services and equipment shall remain subject to the
powers of the City Council. Therefore, in the event that the General Telephone
Company of the Southwest desires to increase such rates and charges for miscellaneous
services and equipment (except the proposed $146,694 increase requested in this
filing which is hereby granted), it shall, prior to instituting any increase in
such rates and charges, file with the City a proposed tariff, together with a
report showing the.class of service or equipment involved, the present annual
revenues being obtained from such service, the prospective number of customers to
be affected, the amount of the proposed monthly increase in the rates and charges
for such service, and the estimated annual increase in revenues to be generated by
such increase in rates and charges.
Section 3. That these rates shall become effective at 8:00 a.m. on the
1st day of October, 1975.
Section 4. That the rates prescribed in Ordinance No. 884 are hereby
rescinded and set aside as of the effective date of the rates prescribed in this
Ordinance.
Section 5. If any provision of this Ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect
any other provisions or applications of the ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of
this Ordinance are declared to be severable.
Section 6. That nothing in this Ordinance shall be construed as in any
manner limiting, modifying, or abrogating the right and power of the City Council,
under the Charter of the City of College Station, the constitution and laws of
the State and of the United States to regulate the rates charged by General
Telephone Company of the Southwest for local exchange telephone service within
the City of College Station.
READ, PASSED, AND ADOPTED this 25th day of September, 1975..
APPROVED
Mayor
ATTEST
City Secretar