-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, HlwbRguAdBEl+M5EHOubQYdgh0EsREj4xGWAOmvzv7HOApq09x/ohb9xeey1CGET WUHkGjsmVcJM76O4/jMEaQ== 0000801448-97-000006.txt : 19970711 0000801448-97-000006.hdr.sgml : 19970711 ACCESSION NUMBER: 0000801448-97-000006 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19970930 ITEM INFORMATION: Other events FILED AS OF DATE: 19970710 SROS: NASD FILER: COMPANY DATA: COMPANY CONFORMED NAME: ELCOTEL INC CENTRAL INDEX KEY: 0000801448 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE & TELEGRAPH APPARATUS [3661] IRS NUMBER: 592518405 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-15205 FILM NUMBER: 97638586 BUSINESS ADDRESS: STREET 1: 6428 PARKLAND DR CITY: SARASOTA STATE: FL ZIP: 34243 BUSINESS PHONE: 8137580389 MAIL ADDRESS: STREET 1: 6428 PARKLAND DR CITY: SARASOTA STATE: FL ZIP: 34243 8-K 1 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15 (d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of Earliest Event Reported) July 1, 1997 ELCOTEL, INC. (Exact name of registrant as specified in its charter) Delaware 0-15205 59-2518405 -------------- ------------- ------------------ (State or other (Commission (IRS Employer jurisdiction File Number) Identification No.) of incorporation) 6428 Parkland Drive, Sarasota,Florida 34243 --------------------------------------------------- (Address of principal executive offices) (Zip Code) (941) 758-0389 ---------------- (Registrant's telephone number, including area code) Item 5 - -------- On July 1, 1997, the United States Court of Appeals for the District of Columbia Circuit issued its decision on appeals of certain portions of an order (the "Order") issued in September, 1996 by the Federal Communications Commission ("FCC") changing the regulatory regime for the payphone industry pursuant to the Telecommunications Act of 1996. This decision may have a significant effect upon the business and operations of the Company's customers. The Telecommunications Act of 1996 requires that the FCC establish a per call compensation plan to ensure that all payphone service providers are fairly compensated for each and every completed intrastate and interstate call using their payphone. In the Order, the FCC had decided that the compensation rate for access code calls and subscriber 800 and other toll free calls should be equal to the deregulated local coin call rate. The FCC had also established an interim compensation plan whereby compensation for access code and subscriber 800 calls would be paid to payphone service providers. Under the first phase of the FCC's interim compensation plan, payphone service providers would be compensated at a flat rate of $45.85 per payphone per month (based on $.35 per call multiplied by 131, the average number of 800 and access code calls per payphone per month). During the second phase of the interim compensation plan, payphone service providers would receive $.35 per 800 or access code call. However, the Court ruled that the FCC was unjustified in setting the per call compensation rate at an amount equal to the deregulated local coin rate. The Court remanded to the FCC for further consideration the issues of compensation for 800 and access code calls both on a permanent and an interim basis. The Court also ordered that interim compensation for 0+ calls be included in the interim compensation plan. The Court upheld the FCC's authority to regulate the rates charged for local coin calls(thereby eliminating state limitations on such rates) and the FCC's decision to require the carrier rather than the calling party to pay the compensation to payphone service providers for 800 and access code calls. Pending action by the FCC in accordance with the terms of the Court's remand, it is uncertain whether payphone service providers will continue to be paid any interim compensation or at what levels such interim compensation may be paid. Significant reductions in the amount or delay in the payment of interim compensation may reduce demand for the Company's payphones and the ability of the Company to collect its receivables from such customers. The Company has been advised that at least a portion of such interim compensation of $45.85 per month may continue to be paid pending further FCC action on this matter. SIGNATURES Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. ELCOTEL, INC. Dated: July 10, 1997 By: /s/ Ronald M. Tobin ------------------------- Ronald M. Tobin Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----