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November 21, 2002
David Morris, (907) 265-5396; dmorris@gci.com
FOR IMMEDIATE RELEASE
GCI FILES TO LOWER ACS RATES
Company Contends ACS is Overly Compensated for Leased
Facilities
ANCHORAGE, AK -- GCI announced today that it
has filed a petition with the Regulatory Commission of Alaska (RCA)
seeking to lower the rates it pays Alaska Communications Systems
(ACS) to lease facilities used for local telephone competition in
Anchorage. The filing also seeks a decrease in the rates GCI pays
ACS to switch and transport calls within the ACS network.
The filing is supported by a review of ACS' finances that
indicates ACS is cash flush from local services, but paid
approximately $250 million too much to acquire telephone properties
in the late 1990s. Moreover, ACS continues to lose money in
unregulated enterprises such as wireless TV and Internet.
"This filing attacks directly ACS' absurd contention that it
must continually raise rates because it is unfairly compensated,"
said Dana Tindall, GCI senior vice president of legal and
regulatory affairs. "Not only is ACS fairly compensated, it is
overly compensated. This filing seeks to adjust this imbalance in
order to deter barriers to entry that will discourage
competition."
According to Tindall, the terms of the 1996 Telecommunication
Act require an incumbent telephone company like ACS to lease
portions of its network to competitive providers. The goal of this
policy is to foster competition in a monopoly market so consumers
can receive the benefits of competition such as customer choice,
lower prices and better services.
The price to lease portions of the network is determined by the
state regulatory commission subject to input from both incumbent
and competitive telephone providers. In Anchorage, the price for
unbundled network elements (UNEs)-the copper line that extends to a
home or business-was originally set at $13.85 but was raised in
2001 to $14.92 at the request of ACS based on costs that it said it
incurred. ACS is currently seeking to raise the rate an additional
64 percent to $24.48.
After reviewing the evidence provided by ACS, GCI analysts
determined that the rate should be lowered to the previous rate of
$13.85 and should be further reviewed to bring the rates down to as
low as $10.88. GCI analysts also performed an analysis on the rate
it compensates ACS for telephone switching and local transport. The
analysts found that GCI compensates ACS at a rate three times
higher than it should. GCI seeks to lower these rates from $0.006
per minute to approximately $0.002 per minute.
"ACS has said that it is unwilling to invest in its local
telephone network because it doesn't receive enough compensation to
lease its facilities," added Tindall. "That is simply not true. An
analysis of ACS' finances shows that its local telephone business
is robust and brimming with cash."
Tindall said the analysis of ACS' finances was performed by
Snavely, King, Majoros, O'Connor & Lee, Inc., an economic and
regulatory consulting firm based in Washington D.C. The study
indicates that ACS' local telephone and directory services
generates considerable cash, with its non-regulated lines of
businesses draining cash from the parent company. In addition, the
report says that ACS acquired telephone properties in Alaska during
the late 1990s for a total net purchase price of $677 million which
included $257 million in "goodwill," representing the excess of the
purchase price over the net book value. In early 2002, because of
an accounting change, ACS was required to write off $105.4 million
in goodwill. This left much of its balance sheet heavily leveraged
by debt.
The authors summarize the findings by saying, "ACS is a classic
case of a leveraged buyout gone bad."
According to Tindall, the analysis suggests that ACS' stated
unwillingness to invest in the local telephone network because of
low UNE pricing is politically motivated, and not factually based.
"ACS wants to raise rates in regulated businesses like local
telephone in order to subsidize its losses in non-regulated
businesses like enterprise service, wireless TV and Internet. ACS
wants to be rewarded for its mis-steps, and in so doing, punish
customers and competitors alike. Clearly, ACS is able to fulfill
its certificated requirements, however, it is becoming increasingly
apparent that it is unwilling to do so," Tindall added.
The RCA is reviewing GCI's filing in consideration of ACS'
request to increase rates in Docket number U-96-89.
GCI (Nasdaq:GNCMA) provides local, wireless, and long distance
telephone, cable television, Internet and data communication
services in Alaska. More information about the company can be found
at www.gci.com.
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