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pay petitioner at least $58.34, so long as the equipment
generated at least that amount. In the event that a pay phone’s
adjusted gross revenue was less than $58.34 for the month,
petitioner would receive 100 percent of the revenue.
Notwithstanding the terms of the Alpha Telcom service agreements,
Alpha Telcom made it a practice to pay up to $58.34 per month per
pay phone, regardless of how little income the pay phones
produced. Additionally, under the Alpha Telcom service
agreements, Alpha Telcom negotiated the site agreement with the
owner or leaseholder of the premises where the pay phones were to
be installed. Alpha Telcom installed the pay phones, paid the
insurance premiums on the pay phones, collected and accounted for
the revenues generated by the pay phones, paid vendor commissions
and fees, obtained all licenses needed to operate the pay phones,
and took all actions necessary to keep the pay phones in working
order.
ATC sent petitioner an undated Payphone Purchase &
Installation Confirmation document to confirm the order and
installation of the pay phone for the August 18, 2000, contract.
Petitioner received letters (dated November 7, 2000, and January
10, 2001) to confirm the order and installation of the pay phones
for the November 7, 2000, and January 5, 2001, contracts.
Petitioner was not able to select the pay phones that would be
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Last modified: May 25, 2011