L. 149] 'The undersigned, Eureka Telephone Company, a corporation organized under the laws of the State of Indiana, and doing a general telephone business with its principal place of business located at the town of Corydon, Harrison County, Indiana, would respectfully show to your Honorable Body that by virtue of an order of the Public Service Commission of the State of Indiana, of date of April 23, 1920, the said Eureka Telephone Company, has maintained, between the town of Corydon and the city of New Albany, Indiana, a flat rate of 75 cents per month, with 10 cents added toll rate to the city of Louisville, Kentucky. "This petitioner would further show that said flat rate of 75 cents, with added toll rate of 10 cents, has been maintained and is still in effect, but that the proceeds therefrom do not pay the expenses incident to the operation thereof and this company has and is still suffering loss thereby. "Wherefore, this petitioner prays a hearing and an order of said Public Service Commission, permitting this petitioner to discontinue said flat rate to New Albany, of 75 cents and the 10 cents added toll to city of Louisville." After due notice, this cause was heard in the court house at Corydon, Indiana, on March 25, 1924, at ten o'clock A.M. The evidence disclosed that on the twentieth of August, 1908, a contract was entered into between the Eureka Telephone Company of Corydon, Indiana, and the Albany Home Telephone Company of New Albany, Indiana, covering an arrangement whereby the Eureka Telephone Company of Corydon was given the privilege to sell to its subscribers the right to obtain a flat rate service with the Home company subscribers at New Albany at the rate of 50 cents per month, per subscriber. Under date of August 6, 1919,* by order of the Public Service Commission, the flat rate for Corydon-New Albany service was increased to 75 cents per month, per subscriber, which the evidence disclosed was to be divided between the two companies on the basis of two-thirds to the Home company at New Albany and one-third to the Eureka Telephone Company. The evidence further disclosed that the circuit or circuits over which this flat rate service is handled are in poor serviceable condition. It was further disclosed that * See Commission Leaflet No. 96, p. 73. about two-thirds of such circuits and pole lines are owned by the Home company of New Albany and approximately one-third by the Eureka Telephone Company. It was also shown that in the neighborhood of 50 subscribers of the Eureka Telephone Company are now using and paying for the flat rate Corydon-New Albany service at the rate of 75 cents per month, in addition to the rate for local Corydon service. Evidence was submitted approximating the time consumed by the operators in handling the flat rate calls, but in view of the fact that the same operators not only handle loc. calls but handle all other classes of toll calls both in and out, makes it difficult to determine the exact amount actually chargeable to the handling of the flat rate messages. Therefore, such evidence must be considered as an approximate guess, and while of some value is not conclusive. The petitioner states that its business is being handled at a loss, but there was no definite evidence to the effect that the toll lines as a separated unit would be productive of an improved net revenue in case all service between these points was placed on a straight toll per message basis. The only evidence presented in regard to the operation of the toll service was the approximate time used by the operators in handling different classes of toll business, which is insufficient without adding thereto the investment and charges for maintenance thereon. Figures were presented in evidence, which, when analyzed, might tend to show an unsatisfactory financial condition for the Eureka company as a whole, but that question is not at issue in this cause. The evidence disclosed that under date of January 23, 1924, a competing exchange operated by the Indiana Bell Telephone Company in Corydon was closed and a contract was entered into between the Indiana Bell Telephone Company and the Eureka Telephone Company providing for the connection of the Indiana Bell company's toll lines to the local switchboard of the Eureka Telephone Company, and Indiana Bell lines have been connected in accordance . L. 149] with that contract, which affords the subscribers of the Eureka Telephone Company connection with both Bell and independent toll lines terminating at that point. The evidence disclosed that the Bell company prior to the closing of its exchange, was giving to its subscribers to the Corydon exchange free connection with the Bell subscribers in the city of New Albany. The evidence further disclosed that no notice had been given to the Bell subscribers at Corydon that the closing of its exchange and connecting of its toll lines to the switchboard of the Eureka company would result in the discontinuance of free service over its lines between Corydon and New Albany, and, no doubt, had this fact been known there would have been objection to the discontinuance of its exchange in Corydon. There was some evidence presented indicating an abuse of the flat rate service by some attempts being made by those not entitled in using the same, but it did not appear that this practice was of a general nature, and the operators, when it was attempted, were able to detect the intruder and, consequently, bill the toll to the telephone used. While the evidence disclosed that the Eureka Telephone Company, petitioner in this cause, is an interested party, at the same time, it was shown by the evidence that the Home Telephone Company of New Albany, which is not a petitioner in the cause, is a party at interest greater than that of the Eureka Telephone Company. It was further shown that the present practice of selling flat rate Corydon-New Albany service to the telephone subscribers of Corydon was a practice that had been in vogue so long that it had become a valuable asset to the users thereof, and to discontinue the flat rate practice at this time would result detrimentally to the business interests of the city of Corydon. After considering all the evidence in the case and taking into consideration all the benefits and all the burdens which may exist, and considering the fact that neither the Bell company nor the Eureka company, prior to the consolidation of the competing company exchanges, gave any notice to their subscribers that they intended to discontinue or change in any way the method of handling the service between Corydon and New Albany after the consolidation was made, and after giving weight to all other facts in the case, it is the opinion of the Commission that this petition should be denied, and it will be so ordered. It is, therefore, ordered by the Public Service Commission of Indiana, That the petition herein be, and the same is hereby, denied. April 2, 1924. In re PUBLIC UTILITIES FILING REPORTS WITH THE PUBLIC SERVICE COMMISSION. No. 7573. Decided April 18, 1924. Each Public Utility Required to File a General Report Covering Its ORDER. The Commission having under consideration the matter of public utilities filing reports as required by the provisions of the Public Service Commission Act, and in the interests of the various incorporated cities and towns in which said utilities are operating or may hereafter operate, and in the interests of the public in general, is of the opinion that said reports should be submitted for each of said incorporated cities and towns, as well as the rural communities adjacent thereto. It is, therefore, issued by the Public Service Commission of Indiana, That each and every public utility in the State of Indiana be, and is hereby, authorized and directed to file a general report covering the system as a whole. It is further ordered, That each and every public utility in the State of Indiana be, and is hereby, directed to file a separate report covering each and every incorporated city and town in which it operates. L. 149] It is further ordered, That each and every public utility in the State of Indiana be, and is hereby, directed to file a separate report covering the rural community territory served by said utility. It is further ordered, That blank forms for such reports to be filed as herein provided for, shall be furnished by the Public Service Commission. It is further ordered, That this order shall not annul, rescind or limit any order heretofore made by this Commission pertaining to the making of reports. April 18, 1924. |