- 5 - legal title to two pay telephones. The ATC pay telephone agreement also included the following provision: 1. Bill of Sale and Delivery a. Delivery by Seller shall be considered complete upon delivery of the Equipment to such place designated by Owner. b. Owner agrees to take delivery of installed Equipment and location on site. c. Upon delivery, Owner shall acquire all rights, title and interest in and to the Equipment purchased. d. Owner authorizes ATC to enter into such site agreement as may be deemed necessary to secure site. e. Phones have approved installation under The American [sic] with Disabilities Act. (ADA) On the same day, petitioner entered into a Telephone Services Agreement (Alpha Telcom service agreement) under which petitioner agreed that Alpha Telcom would manage the two pay telephones. Because petitioner did not feel able to maintain the telephones himself, he elected “Level IIII” [sic] service. This election meant that Alpha Telcom agreed to service and maintain the pay telephones for an initial term of 3 years in exchange for 70 percent of the pay telephones’ monthly adjusted gross revenue. In the event that a pay telephone’s adjusted gross revenue was less than $58.34 for the month, Alpha Telcom would waive or reduce the 70-percent fee and pay petitioner at least $58.34, so long as the equipment generated at least that amount. In the event that a pay telephone’s adjusted gross revenue was less thanPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007