before the arkansas public service ... is a wholly owned subsidiary of talton holdings, inc. copies...

BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION

i. : L y B 3%- IN THE MATTER OF THE JOINT APPLICATION ) OF INVISION TELECOM, INC. AND TALTON 1 INVISION, INC. FOR TRANSFER OF A 1 DOCKET NO. 9 7 - m - U CERTIFICATE OF PUBLIC CONVENIENCE 1 AND NECESSITY 1

APPLICATION

Invision Telecom, Inc. ( ltInVision") and Talton Invision,

Iric. ('"Taltonrr or the "Applicant") (collectively, the

"Applica-ts") respectfully state as follows for their Joint

Application:

1. The Applicants seek approval from the Arkansas Public

Service Commission ( I1APSCT1 or llCommission" ) to transfer

InVision's Certificate of Public Convenience and Necessity

( " C C N r l ) to Talton.

pay telephone service by Order N o . 3 in APSC Docket No. 9 5 - 5 5 5 - U

on November 8, 1995. Talton and Invision reached an agreement,

whereby Talton purchased InVision's assets on or about October 6 ,

1997, contingent upon all necessary regulatory approvals. Talton

will continue to operate InVision's public utility property i2

Arkansas, and thus desires a CCN from the Commission to carry on

Invision's operations in Arkansas. This Application is made

pursuant to Rule 7.06 of the Commission's Rules of Practice and

Procedure.

Invision was granted a CCN to provide private

2. The name, address and telephone number of the Applicant

are :

Talton Invision, Inc. 611 SW Third Street Lee's Summit, Missouri 64063-2212 Attn: John Summers Phone: (816) 525-4151 Facsimile: ( 8 1 6 ) 525-3006

3. A l l correspondence, notices, inquiries and other

communications regarding this Application should be directee to:

Stepher, N. Joiner Rose Law Firm A Professional Association 120 East Fourth Street Little Rock, Arkansas 72201-2893 Phone (501) 377-0329 Facsimile (501) 375-1309

4. Talton is a wholly owned subsidiary of Talton Holdings,

Inc.

Copies of the Applicant's Certificate of Incorporation on file

with the State of Delaware and Certificate of Authority of E

Both entities are privately held Delaware corporations.

Foreign Corporation from the Arkansas Secretary of State are

attached as Exhibits "A" and "B".

5 . Talton will operate as a private pay telephone service

provider.

and Directors are listed on the attached Exhibit l lC ' f .

The names and addresses of the Applicant's Offic?rs

6. Exhibit I I D f l , 1996 Financial Statements for Talton

Holdings, Inc., will be filed after a protective order is issued

f o r this confidential information. This information will

demonstrate financial integrity and meet the Commission's

expectations for financial ability to provide the requested

services.

- 2 - RCC26736.WP5 102497

7 . Talton proposes to provide automated operator assisted

calling to correctional and confinement facilities in Arkansas.

Specifically, Talton seeks to provide collect call only automated

telecommunications service to inmates of correctional and

confinement facilities (hereinafter sometimes referred to as

"inmate telecommunications services"). Talton is capable of

providing these services as evidenced by the fact that Talton is

authorized to offer the same or similar telecommunications

services in thirty-five states by virtue of direct certification

or because certification is not required. Talton offers special

restrictive services for the sole use of inmates of

correctional/confinement institutions. The provision of inmate

telecommunication services by Talton generally involves the

provision of coinless telephone service to inmates, usually

within the cell in which the inmate is located. Inmate telephone

service allows inmates to communicate with the outside world

under certain restrictions. For example, inmate telephone

service is usually restricted to outward-bound, collect calls

only, with access to all other types of calls being blocked.

This collect only service requires positive acceptance of the

call by the called party.

accomplished by the called party using a dial pulse, tone or

voice response indicating acceptance of the call and the

associated charges. Because of the potential for fraud and

abuse, Talton's inmate telecommunication service typically denies

access to live operators, 911 emergency telephone service, 700,

Positive acceptance is usually

-3- RCC06736.WP5 102497

800, 900, 950 and 975 numbers, directory assistance, credit card

calls, third party billed calls, and other interexchange

carriers. In additiDn, Taltcn normally provides confhement or

correctional facility authorizies with the capability ts place

limits on the length of all calls,

rescrict the time of day when calls can be placed, and 10 block

access to certain numbers or sets of numbers such as jcdges,

witnesses, victims, police officers, etc. Talton does not

norrrally post notice within che cell as such notices are quickly

defaced and/or destroyed. Talton does provide the called party,

however, with a bill that includes a toll free customer service

including local calls, to

number should the customer have any questions or conce,, '?S.

Talton's inmate telecommunications service also concentrates

traffic from multiple cells by sharing lines using mechanical or

electronic means. Talton has more than sufficient managerial and

technical expertise to provide interexchange telecommunications

services.

with strong backgrounds in all aspects of competitive

Talton's management team consists of professionals

telecommunications services.

8 . Attached as Exhibit IrEfl is Talton's proposed tariff

which includes products, service descriptions and applicable

charges.

Wherefore, the Applicants respectfully request that the

Commission issue a Certificate of Public Convenience and

Necessity authorizing Talton Invision, Inc. to provide the

services requested herein.

- 4 - RCC06736.WPS 102497

Xespectfully submi-,ted,

ROSE LAW FIRM A Professional Associaticn 120 East Fourth Street Little Rock, Arkailsas 72201

Facsimile (501) 375-1309 (501) 377-0329

ATTORNEYS FOR INVISION TELECOM, INC. AND TALTON INVISION, ZXC.

iner Ste@hen N. Jd B y : J&&lw7 4. h

Arkansas Bar No. 87093

- 5 - RCCO6736.WP5 102497

VERIFICATION

ST,4TE OF MISSOURI )

COUNTY OF JACKSOS ) 1 ss

John R. Summers. having been first duly sworn upon oath, deposes and states that he is the Vice-president of Talton Invision. Inc., Applicant herein. and as such. is duly authorized to execute the Application and to make this Verification on its behalf. that the matters and things stated in the foregoing Application and exhibits thereto are true and correct to the best of his information. knowledge and belief.

TALTON INVISION, WC.-

By: R. Summ&s, Vice President

SUBSCRIBED AND SWORN to before me this 30* day of September, 1997.

Notary Public

EXHIBIT "A"

CERTIFICATE OF INCORPORATION

- 7 - RCC06736.WP5 102497

I, EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF

DELAWARE, DO HEREBY CERTIFY "TALTON INVISION, INC." IS DULY

INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS

GOOD STANDING AND HAS A LEGAL CORPORATE EXISTENCE SO FAR AS

IN

THE

RECORDS OF THIS OFFICE SHOW, AS OF THE SEVENTH DAY OF OCTOBER,

A.D. 1997.

A

2788631 8300

971337548

8690107 3 -4 TE :

10-07-97

I , ET)WARD J . FREEL, SSCFCETARY OF STATE OF THE STATE OF

DELAWAE. DO HEREBY CERTIT'Y THE ATTACHED IS A TRUE AND CORRECT

COPY OF THE CERTIFICATE OF INCORPORATION OF "TALTON INVISION,

INC.", ?ILED IN THIS OFFICE ON THE TWENTY-SECOND DAY OF AUGUST.

A.D. 1997 , AT 9 O'CLOCK A . M .

A

2 7 8 8 6 3 1 8100

97 1 3 6 0 6 0 8

CgRTIFICATS OF INCORPORATION FOR

TALTON INVISTON, INC.

TES LXDERSIGNC,3, in order to form a coqorar;ior, for the

purposes hereinafter stated under and pursuant 05 t h e provisions

of t3.e General Corporation Law of t he State ~f Delaware, does

hereby certify as follows:

The nane of the corporatioa is TALTCN INVISION,

The address the registered office of the

I N C

corporatioc in

the State of Delaware is 1013 Centre RoaU, in the City o f k

Wilmington, Councy of New Castle. The name of the CO?22O=%tiO&'S

registered agent at such registered of f i ce is CORPORATION SEKVICE

The purpose of the corporation is t o engage in any lawful a c t

or activity for which corporations nay be organized under the

General Corporation Law Of the State of Delaware. The

Corporation i s to have a gergetual existence.

T'ICLE IV

The t o t a l number of shares of stock which the Corporation

shall kave authority to issue is ~ 0 0 0 shares of Cornon Stock ,

$1 .. O C pzr value per share.

T

The fcllowing provisions are inserted for the management of

the business and the conduct of tke affaLrs of the Corporation,

and for f u r t h e r definition, limitation a d regulation of the

powers of the Corporaticn and of its directors and scockholders:

A. The business and affairs of the Corporation

Shall be managed by or under the direccion of the Board

of Directors .

B. The Board of Directors shall have concurrent

power wLth :he stockholders to make, alter, aAIeCd,

change, add t=, or repeal the Bylaws of the Corporation.

C. The number of di rec tors of the Corporation

shall be as from time to t i m e fixed by, or in the manner

provided in, the Bylaws of the Corporation. Election of

directors need Cot be by written ballot unless the

B y l a w s so provide.

D. In additior. to the powers and authority

expressly conferred upon them herein o r by Statute, the

directors are hereby empowered to exercise all such

powers and do all such acts and tSings as may be

exercised or done by the Corporation, subject,

nevertheless , to che provisions of the Delaware General

Corporation Law, this Certificate of Incorporation, and

any Bylaws adopted by the scockqolders ; provided,

however, that no Bylaws hereafter adopted by the

scockholders shall invalidate any p r i o r acc of the

5rrectors whick would have been valid if such Bylaws ?.ad

Zot been adopted.

E. No d i rec to r shall be personally l i ab le co the

C,"orporataon or It8 stockholders f o r nonetary damages ?or

acy breach of fiduciary &;ty by such dlreccor as a

dlsector. NoLwithctanding =he foregoing sentence, a

director shall be liable to che extent provided by

applicable law (I) f o r breach of the director's duty of

loyalty to cha Corpora t ion or zte scocjcholders, (ii) <Or

acts or m i s s i o n s not in good faith or w h i c h involve

ictenrional misconauct or a knowing violation of law,

:lii) gursuant t o Sectian 174 of the Delaware General

Corporation taw, or (iv) for any Lransaction from which

the director derived an improper personal benefit. No

amendment to or repeal of this Subsection (E) to Arcicle

V shall apply to or have any effect on the liability or

alleged liability of any d i rec to r of the Corporation for

or with respect to any acts or o d s s i o n s of such

d x e c c o r occurring p r i o r to such amendment.

BRTTCLE

Meetings of stockholders may be held within or without the

State of Delaware, as the Bylaws may provide. The books of the

Corporation may be kept (subject to any provision contained i n

the Delaware General Corporation L a w ) ourroide the State Of

Delaware at such place or places as may be designated from time

to L h e by the Board of Directors or in the 3ylaws of the

Corporation.

M T I C r , F : V I x

Whenever a compromise or arrangenertt is proposed b- Ptween t h i s

CarporaLFcc and its creditors Dr any class of them azld/or between

t h i s Corporation and its StOCkhOld@rS or any class of them, any

COUrt of equitzble jurisdictioa withirr the S t a t e of De-aware may,

on =he apglication in a summary way of t h i s corporation or of any

c red i to r or stockholder tkereof or cr, the applica~fon of any

receiver or receivers appoinred for this Corporation ucder the

provisions of Section 291 of t k Delaware General COrpOratlOn Law

o r on the application of tmstees in dissolution or of any

receiver or receivers appointed for this Corporation cnder the

prOVlSiO3S of Section 279 of t h e Delaware General COrpOraCiOn

Law, order a meeting of the creditors or class of creditors,

and/or of the stockholders or class of stockholders of this

Corporation, as the case may be, to be summoned in such mnner as

=he saia court directs. If a majority in number representing

three-fourchs in value of the credicors or Class of creditors,

and/or of the stockholders or class of stockholder6 of this

Corporation, as the case may be, agree to any Compromise or

arrangement and to any reorganization o f this Corporation as a

consequence of such compromise o r arrangement, the said

compromise or arrangement a& the said reorganization shall, if

sanctioned by t he court to which the said application has been

made, he binding on a l l the creditors or class of creditors,

azld/or on a l l the stockholders or class of stockholders, of this

Corporation, as t h e case may be, and also on this CorporaLion.

& R T T W Vi=

The Corporation reserves the right to amend, a l ter , change o r

repeal a=ry provision contained in this Certificate of

Incarpmat ion , ;a the marmer now or hereafter prescribed by

statuce and t h i s Certificate cf Incorporation, and a l l r i g h t s

conferred upon stockholders herein are granted subject to ch i s

The amount of the authorized s tock of the Corporation of any

class or classes may be increased or decreased by the affirmative

vote of the holders of a majority of the stock of the Corpora t io r .

entitled to vote.

l!suuLx Elections of directors need not be by ballot unless the By-

Laws of the Corporation shall so provide.

W C L E u A. The incorporator of the Corporation is Sherry

K. Nicholson, whose mailing address is 2323 Bryan

Street , Suite 2200, Dallas, Texas 75201.

B. The names and mailiag addresses of the personP

who are to serve as directors of the Corporation Uti1

the first w u a l meeting of stockholders and until their

successors are elected and qualified are a6 follows:

EasE Todd W. Follmer 3811 Turtle Creek Boulevard

Suite 1300 Dallas, Texas 75219

IN WITXESS WXEREOF, I have hereunto s e t my hand this 22nd day

of h g u s t , 1997.

Incoz+orator

15-e Presecce of:

EXHIBIT I'B"

ARKANSAS CERTIFICATE OF AGTHORITY

- 8 - RCC06736.WP5 102497

State of Arkansas SECRETARYOFSTATE

Sharon Priest SECREIIRY OF SUTE

To All :a %-nom These Presents Shall Come, Greeting:

I. Sharon Priest, Secretary of State of the State of Arkansas, do hereby certify that the fol.lowing and hereto attached instrument of writing is a true and perfect copy of

TALTON INVISION, INC.

In Testimony Whereof, I have hereunto set my hand and official seal, on this,

97 , 19 OCTOBER the 24TH day of

SfiLZiPriest Secretary of State

BY

CC-VRev. 1-27-95 KEVIN N. LEWIS

state CaDitol Little Rock, Arkansas 72201-1094 (501) 682-1010

W.J. "Bill" McCuen, Secretary of Sta te Corporat ions Division

, I , , . . . . . - Application for Certificate of Authority $i~;;;; 1. ( 5 e (Please type or print)

./ . .. .--.- - I1 '( _.

Pursuant to the provisions of Arkansas Code of 1987 Annotated, the undersigned as the duly authorized and acting president, secretary, treasurer, superintendent or managing agent in the State of Arkansas. of the foreign corporation named below I the "corporarion") for which this statement is submitted, under oath hereby state:

la. The name of the corporation is: Talton Invieion, I n c .

l b . Fictitious name to be used in Arkansas:

(The corporation may use a fictitious name to transact business in-Arkansas i f its real name is unavailable and it delivers to the Secretary of the State for filing a copy of the resolution of its board of directors certified by its secretary adopting a fictitous name.)

2. The state. territory or foreign country under whose laws the corporation was incorporated is:

3. Date incorporated: August 2 2 , 1997 Period of Duration: Perpetual

4. The nature of the business of the corporation and the on by rt are:

object or purposes to be transacted. promoted or carried

inmate telephone service

6. The address of the general office or place of business of the corporation in Arkansas is designatad to be: none (Street Address) (City) (State) (Zip)

6. The name and address of the registered agent of the corporation upon whom Service of Process is authorized to be in Arkansas is: Corporauon Service Company

(Name)

One Riverfront Place. 81h Floor, Nonh Liiile Rock. AR 72114 (Street Address) (City) (State) (Zip)

7. The address of the general office or principal place of business of the Corporation is:

1209N. CarrierPkvy. Ste.300,Grand Prairie,= 75050 (Street Address) (City) (Statal (Zip)

8. The number and par value, if any, of shares of the corporation's capital stock owned or. to be owned by residents

none of Arkansas:

9. Value of Assets in Arkansas $ 163,800

Total Value of all Assets (including Arkansas) $ $

10. The foreign corporation shalldeliver wi th the cornplated application a certificate of existence (or document of rirniliar import1 duly authorued by the Secretary of State or other official having custody of the corporate records in the state or country under whose laws it is incorporated.

--_ 11. A filing fee of $300.00 is submitted herewith in accordance with Act 958 of 1987.

Witness the hand and seal of the corporation executed under oath by the undersigned in behalf of the corporation on this the A7"i tk dayof Aup;ust , 1 9 9 7 .

Talton Invision, Inc. (Noma of Corporation1

- - . m _ .n . ne

<\{* -' ' . i *tj (lFI:TWC' . --- - I . J

State of Delaware ' -PAGE 1

Ofice of the Secreta y of State

I , E D W A R D J . F R E E L , S E C R E T A R Y OF S T A T E O F T H E S T A T E OF

D E L A W A R E , D O H E R E B Y C E R T I F Y " T A L T O N I N V I S I O N , I N C . " I S D U L Y

I N C O R P O R A T E D U N D E R T H E L A W S OF T H E S T A T E O F D E L A W A R E A N D T'S I N

GOOD S T A N D I N G AND H A S A L E G A L C O R P O R A T E E X I S T E N C E SO F A R A S T H E

R E C O R D S O F T H I S O F F I C E S H O W , AS OF T H E T W E N T Y - E I G H T H DAY O F

A U G U S T , A . D . 1997.

AND I D O H E R E B Y F U R T H E R C E R T I F Y T H A T T H E F R A N C H I S E T A X E S

H A V E NOT B E E N A S S E S S E D T O D A T E .

2788631 8300

97 1288045 DATE: 08-28-97

EXHIBIT l 'C1 l

~~~

TALTON INVISION, INC. OFFICZRS AND DIRECTCXS

Officers :

Todd W. Follmer President/ 3811 Turtle Creek Blvd. Assistant Secretary Suite 1300

Dallas, TX ?5219

John A. C r o o k s , Jr. Vice President/ 1209 W. North Carrier Pkwy. Assistant Secretary Suite 300

Grand Prairie. TX 75050

John R. Summers Vice President/ 611 SW Third Street Secretary/Treasurer Lee's Summit, 1.10 64063

Brenda King

Sole Director:

Todd W. Follmer

Assistant Secretary 611 SW Third Street Lee's Summit, MO 64063

3811 Turtle Creek Boulevard Suite 1300 Dallas, Texas 75219

- 9 - RCCC6736.NF5 102497

EXHI B IT " D "

TALTON HOLDINGS, INC. 1996 FINANCIAL STATEMENTS

CONFIDENTIAL - TO BE PROVIDED UPON ENTRY OF PROTECTIVE ORDER

-10- RCC06736.WP5 102497

-11-

EXHIBIT "E"

PROPOSED TARIFF

RCC06736.WPS 102497

TALTON INVISION, INC.

Telephone Tariff

Filed with

Arkansas Public Service Commission

r - r- 1," 1 7 t- Talton Invision, Inc. Telephone Tariff 5 .&L

Filed with the AR Public Service Commission Original Sheet No. 1

CHECK SHEET

The title page and pages 1 through 16, inclusive, o f th is tariff are effective as of the date shown. Original and revised sheets, as named below, contain all changes from the original tariff that are in effect on the date thereon except as otherwise noted.

PAGE REVISION NUMBER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

ORIGINAL ORIGINAL ORIGINAL ORIGINAL ORIGINAL ORIGINAL ORIGINAL ORIGINAL ORIGINAL ORIGINAL ORIGINAL ORIGINAL ORIGINAL ORIGINAL ORIGINAL ORIGINAL

ISSUED: October 27, 1997 EFFECTIVE: , 1997 ISSUED BY: John R. Summers

Vice President 61 1 SW Third Street Lee's Summit, MO 64063

Talton Invision, Inc.

Filed w i th the AR Public Service Commission Telephone Tariff rzqm F

II O&*LU. Original Sheet No. 2

TARIFF FORMAT

Sheet Numberinq - Sheet numbers appear in the upper right hand corner of the sheet. Sheets are numbered sequentially. From time to time n e w sheets may be added to the tariff. When a n e w sheet is added between existing sheets a decimal is added to the preceding sheet number. For example, a n e w sheet added between Sheets 3 and 4 would be numbered 3.1.

Explanation of Svmbols - When changes are made in any tariff sheet, a revised sheet will be issued replacing the tariff sheet affected. Changes will be identified on the revised sheet(s) through the use o f the following symbols:

(C) - Identifies a changed regulation. (D) - Identifies a discontinued rate or regulation. ( 1 ) - Identifies an increase in rate. (N) - Identifies a n e w rate or regulation. (R) - Identifies a reduction in rate. (TI - Identifies a change in text only.

ISSUED: October 27, 1 9 9 7 EFFECTIVE: , 1997 ISSUED BY: John R. Summers


Talton Invision, Inc. Telephone Tariff Filed with the AR Public Service Commission ~~~~~ Original Sheet No. 3

0.0 Aoplication of Tariff

0.1 This tariff contains the regulation and rates applicable to inmate calling telecommunications services provided b y Talton to an end user who is an inmate of a federal, state, local or private prison and uses a company pay telephone on the premises of such prison for telecommunications between points wi th in the state of Arkansas. Such services are furnished subject t o the availability of facilities and subject t o the terms and conditions o f this tariff.

0.2 any other entity providing telecommunications channels, facilities, or services, but does involve the resale of Message Toll Service (MTS) and Wide Area Telecommunications Services (WATS) and local services of underlying common carriers subject t o the jurisdiction of this Public Service Commission.

The inmate calling service of Talton is no t part of a joint undertaking with

0.3 calling service furnished by Talton and do n o t apply, unless otherwise specified, t o the lines, facilities, or services provided by a local exchange telephone company or other common carriers used as a part of the services of Talton.

The rates and regulations contained in this tariff apply only to the inmate

ISSUED : October 27, 1997 EFFECTIVE: , 1997 ISSUED BY: John R. Summers



Filed with the AR Public Service Commission E m LA- Original Sheet No. 4

1 .O

Telephone Tariff 7 - 1 ,t*

Explanation of Terms and Abbreviations

APSC Refers t o the Arkansas Public Service Commission.

Carrier Whenever used in this tariff, "carrier" refers t o Talton Invision, Inc., unless otherwise specified or clearly indicated by the context.

Callinq Card Call A billing arrangement by which a call may be charged to a valid telephone company-issued card number.

Collect Call A billing arrangement by which the charge for a call may be charged t o the called party, provided the called party accepts the charge with a key-entered or voice-activated , positive response or affirmatively indicates to a live operator the party's willingness to accept the call and pay the charge.

Commercial Credit Card Call A billing arrangement by which a call may be charged to an authorized major commercial credit card, such as Mastercard, VISA, or Diners Club.

ComDanv Whenever used in this tariff, "company" refers t o Talton Invision, Inc., unless otherwise specified or clearly indicated by the context.

ComDanv Recoqnized Holidavs New Year's Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, as nationally observed.

Correctional Facility Any federal, state, local, or private prison or jail.

ISSUED: October 27, 1997 EFFECTIVE: I 1 9 9 7 ISSUED BY: John R . Summers


Talton Invision, Inc. Telephone Tar i f f Filed with the AR Public Service Commission riginal Sheet No. 5

End User Any person, firm, partnership, corporation, or enti ty using the company's services, the rates for which are described in this tariff. The end user does not contract directly with Talton Invision, Inc., for arrangements necessary t o initiate service or for termination of service.

Pav Telephone A telephone instrument equipped with a device tha t allows a charge to be made for each call.

Rate Center A specified geographic point from which the vertical and horizontal coordinate is used in calculation of airline mileage.

Subscriber The person, firm, partnership, corporation, or other enti ty who owns, leases or otherwise manages the pay telephone, PBX, or other switch vehicle f rom which an end user places a call utilizing the services o f the company.

1.1 Explanation of Acronvms and Trade Names Used in this Tariff

CPE = Customer Premises Equipment IXC = lnterexchange Telephone Company LEC = Local Exchange Telephone Company NPA = Numbering Plan Area



Ocr 27 1 35 PM '97 Talton Invision, Inc. Telephone Tariff Frled w i th the AR Public Service Commission RL 8" ' ' I!,- D Original Sheet No. 6

2.0 Rules and Requlations

2.1 Undertakinq of Talton Invision, Inc.

2.1.1 General

The services of Talton consist of furnishing interstate and intrastate telecommunications services to end users w h o are inmates of federal, state, local, and private prisons and w h o use a company pay telephone. Such services are available t o end users f rom customer locations located in such prisons through Talton's pay telephone and via resold transmission facilities procured from interexchange carriers and local exchange carriers in accordance with the provisions o f this tariff.

2.1.2 Limitations

(A) Service is offered subject t o the availability of the necessary facilities and equipment and subject t o the provisions of this tariff in compliance with limitations set forth in the APSC's rules.

(B) The company reserves the right t o discontinue service when the subscriber or end user is using the services in violation of the provisions o f this tariff, signed contract, or in violation of the law, with notice as required by the rules of the APSC.

(C) The company does not undertake t o transmit messages, but offers the use o f i ts facilities, when available, for t ha t purpose.

Services provided under this tariff may be used for any lawful purpose for which the service is technically suited consistent with the transmission and switching parameters o f the telecommunications facilities utilized in the provision of the service. Service furnished by company is exclusively arranged for use of inmates of federal, state, local, or private prisons.

ISSUED: October 27, 1997 ISSUED BY: John R. Summers

EFFECTIVE: , 1997


OcT 21 I 35 Pt '97 Talton Invision, Inc. Telephone Tariff Filed with the AR Public Service Commission \[*.E D Oriqinal Sheet No. 7

Payment for the services provided b y company is the ultimate responsibility o f the called party. Payment arrangements are set forth in Section 2.7.1 of this tariff.

2.3 Liability

(A) The company shall n o t be liable for claim or loss, expense or damage (including indirect, special or consequential damage), for any interruption, delay, error, omission, or defect in any service, facility, or transmission provided under this tariff, i f caused by any person or enti ty other than the company, by an act o f God, fire, war, civil disturbance, or act o f government or by any other cause beyond the company's direct control.

(B) No agent or employee o f any other carrier shall be deemed to be an agent or employee of the company.

2.3.1 Inspection, Testinq, and Adiustment

Company may, upon reasonable notice, make such tests and inspections as may be necessary t o determine whether the requirements of this tari f f are being complied with in the installation, operation, or maintenance o f the subscriber's or the carrier's equipment. Company may interrupt the service at any time, wi thout penalty t o itself, unless interruption exceeds 24 hours.

2.4 Terminal EquiDment

2.4.1 Interference and Hazard

The operating characteristics of customer premises equipment or communications systems connected to company's services must no t interfere with, or impair, any of the services offered by company. In addition, connected CPE mus t no t endanger the safety o f company employees or the public, damage or interfere with the proper functioning of company equipment, or otherwise injure the public in its use of company's services.



Talton Invision, lnc. Telephone Tariff Filed w i th the AR Public Service Commission riginal Sheet No. 8

2.4.2 Blockinq

Since all calls will be automated collect-only calls, wi th no other dialing options allowed, calls t o reach a long distance telephone company other than Talton wil l be blocked.

2.5 Installation and Termination

The end user does not contract directly with the company for service. No minimum service period applies t o end users. No notice is required b y end users t o initiate or terminate use o f the company service. Service is installed upon contractual agreement between the subscriber and the company. The contractual agreement specifies the terms and conditions of installation, termination of service, commission structure, and commission payment schedule. The subscriber contract does not alter the obligations o f the company to the end user, as described in this tariff, nor does the contract alter the rates contained in this schedule.

2.6 Pavment for Service and Credit Al lowance

2.6.1 Payment for Service

(A) All charges due f rom the called party are payable t o the billing agency duly authorized t o receive such payments. Subscribers are no t responsible for called party billing and are, therefore, no t subject t o disconnection for nonpayment of called party bills. Disconnection of called parties for nonpayment of bills will not occur since called parties do not contract directly wi th the company for service.

(B) The billing agency will follow the rules and regulations o f the appropriate regulatory agency (i.e., the APSC) and the billing agency's applicable tariff provisions concerning payment, customer billing, timely payment, treatment o f delinquent amounts, late payment charges, and payment and collection efforts, except as otherwise provided by the regulatory agency (e.g., by waiver of rules).



Talton Invision, Inc. Telephone Tariff 1' a

Filed with the AR Public Service Commission Original Sheet No. 9 F i ' s La

2.6.2 Taxes and Fees

Any governmental assessments, fees, license, or other similar taxes or fees imposed upon company on a per-call basis shall be added pro rata, insofar as practical, t o the rates and charges stated in this tari f f .

2.7 lnauirv and Resolution of Complaint Procedures

Parties accepting charges for calls placed using company's inmate calling service w h o have inquiries or complaints regarding their bills may call the toll-free number of the billing agent provided o n the bill. The billing agent will not i fy the caller of company's toll-free number and direct the caller t o call company directly. Such calls will be handled informally by service personnel w h o have authority t o adjust bills o n behalf o f the company.

Other inquiries, general questions or complaints may be directed informally t o either a company operator or t o company customer service personnel. End users may reach company's customer service department by dialing 800-779-21 12, which is a company toll-free number, from outside the prison. This number may be obtained by asking the billing agent's customer service person. Company's customer service department accepts calls on a twenty-four-hour-a-day basis.

Complaints concerning the charges, practices, facilities or services of company shall be investigated promptly and thoroughly. Company and its authorized billing agents shall keep a record o f each complainant, the date and nature o f the complaint, its disposition, and all other pertinent facts dealing with the complaint, which will enable company t o review and analyze its procedure and actions. The records maintained by company under this tari f f shall be available for inspection by the Public Service Commission or i ts staff upon request. As soon as possible, but not later than thirty (30) days of the receipt of a wr i t ten complaint, company will provide wr i t ten notice to the end user of the status o f the complaint. Each end user may file with the Public Service Commission for resolution of disputes.

ISSUED: October 27, 1997 ISSUED BY: John R. Summers

EFFECTIVE: , 1997

Vice President 6 1 1 SW Third Street Lee's Summit, MO 64063


Filed with the AR Public Service Commission nal Sheet No. 10 Telephone Tariff !** 1 1.

2.8 Branding

Company shall identi fy itself as Taiton Invision, Inc., audibly and distinctly, to the customer at the beginning of each telephone call, and again before connecting the call, both of which occur before any charge for the call is incurred.

IISSUED: October 27, 1997 EFFECTIVE: , 1997 ISSUED BY: John R. Summers


F' Talton InVision, Inc.

Fried w i th the AR Public Service Commission Telephone Tariff :* B LE

Original Sheet No. 11

3.0 Description of Services Offered

3.1 Companv Inmate Callinq Service

Company offers intrastate and interstate resale telecommunications service to subscribers serving end users who are inmates of federal, state, local, and private prisons in Arkansas and who use a company pay telephone. All of company's services anticipate the provision o f collect-only calls using automated company-owned telephones.

End-users may arrange t o have calls billed to the called party (collect) according to the terms of this tariff.

The services are activated when the end user dials the subscriber's designated long distance access code, which is zero (0 ) or zero zero (00)' as the instructions on the pay telephone instrument so state. An affirmative, positive response from the called party must be received by company. A positive response is not the called party staying on the line, but the entering of an acceptance code by the accepting party. The company automated operator device will indicate the acceptance of the call or payment responsibility.

3.2 Timinq of Calls

3.2.1 General

(A) The minimum length of a call for billing purposes is sixty (60) seconds for a connected call. Calls are measured and rounded to the next higher full minute.

(B) Chargeable time: Chargeable t ime for collect calls begins when the called line number accepts responsibility for payment. Chargeable time ends when either the called party or the end user hangs up.



OCT 27 I 35 PI4 '97 Talton Invision, Inc. Telephone Tariff Filed with the AR Public Service Commission Original Sheet No. 12

3.3 Determination of Mileaue

Charges for each call are computed o n an airline mileage basis as described below.

(A) Calling distance is measured f rom the rate center of the subscriber's or company's terminal or sw i t ch location t o the rate center o f the destination of the call, regardless o f company routing.

(B) The rate centers of a call are determined by the NPA'S, or area codes, and exchanges of the origination and destination points, as listed in AT&T FCC Tariff No. 10.

(C) The distance between the rate center of the Subscriber's swi tch and tha t o f the destination point is calculated by using the "V" and "H" coordinates in the following manner:

Step 1 -

Step 2 -

Step 3 -

Step 4 -

Step 5 -

Step 6 -

Obtain the "V" and "H" coordinates for the rate centers of subscriber's swi tch and the destination point.

Obtain the difference between the "V" coordinates o f each o f the rate centers. Obtain the difference between the I' H 'I coordinates . Square the difference obtained in Step 2.

Add the squares of the "V" difference and "H" difference obtained in Step 3.

Divide the sum o f the squares obtained in Step 4 by ten (10). If any fraction results, round t o the next higher whole number.

Obtain the square root o f the whole number obtained in Step 5. Round t o the next higher whole number i f any fraction is obtained. This is the distance between the rate centers.


Vice President 61 1 SW Third Street Lee's Summit, MO 6 4 0 6 3

Qcr 27 1 35 P# '91 Talton Invision, Inc. Telephone Tariff Filed with the AR Public Service Commission '' 5 a i"+=EB Original Sheet No, 13 -

The formula for calculating the distance between rate centers is:

I (Vl-V2)2 + (Hl-H2)2 1 1 / 2 10

where ( V 1 H1) are the coordinates for the originating ra te center and (V2, H 2 ) are the coordinates for the terminating rate center.

ISSUED: October 27, 1997 EFFECTIVE: 1997 ISSUED BY: John R. Summers


OCT 27 1 35 P i '97 Talton Invision, Inc.

Filed with the AR Public Service Commission 1 c* Original Sheet No. 14

4.0 Rates

Telephone Tariff q; E%>

4.1 General

Each called party is charged Individually for each call placed through company. Charges are computed on an airline mileage basis as described in Section 3.3 of this tariff.

4.2 Awl icat ion of Service Charqe

Appropriate operator assistance charges are billed on a per call basis as stated in the tariff,

4.2.1 Automated Collect Operator Assistance

This charge applies to collect calls completed with the assistance of an automated operator. The called party must accept responsibility o f payment wi th positive responses. See Section 3.1.

4.3 Non-Sent Local Calls

Flat Rate: $. lo Service Charge: $.90

Charge Within Texarkana City Limit: Flat Rate + Service Charge $1.30

ISSUED: October 27, 1997 EFFECTIVE: ' 1997 ISSUED BY: John R. Summers


Talton Invision, Inc. Telephone Tariff Filed with the AR Public Service Commission Original Sheet No. 1 5

4.4 Non Sent IntraLATAllnterLATA Calls

RATE MILEAGE

Station-to-Station:

EACH INITIAL ADD'L PERIOD PERIOD

0-1 6 $.1615 $.1240 17-31 $.2235 $.2110

. 32-56 $. 2980 $. 2605 57-87 $.3350 $. 2730

88-1 27 $.3720 $.3225

128-200 $.4095 $. 3600

201 & U p $ .4340 $. 3970

Person-to-Person:

Service Charge:

Person to Person: $4.50

ISSUED: October 27, 1997 EFFECTIVE: , 1 9 9 7 ISSUED BY: John R. Summers


Talton InVision, Inc. Telephone Tarif f Filed with the AR Public Service Commission riginal Sheet No. 16

I

4.5 Non Sent InterLATA Calls

MILEAGE DAY BAND

FIRST MINUTE

EACH ADD'L MINUTE

0-1 6 17-31 32-56 57-87 88-1 27 128-200

201 -999

ISSUED: October 27, 1997 EFFECTIVE: ' 1 9 9 7 ISSUED BY: John R. Summers

Vice President 6 1 1 SW Third Street Lee's Summit, MO 64063

$. 1300 $. 1000 $. 1800 $.1700 $. 2400 $.2100 $.2700 $. 2200

$. 3000 $. 2600

$.3300 $.2900

$.3500 $. 3200

before the arkansas public service ... is a wholly owned subsidiary of talton holdings, inc. copies...

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