ALJ/JAR/oma Date of Issuance 8/5/2011
Decision 11-07-054 July 28, 2011
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Fones4All Corporation (U6338C), Complainant, vs. Pacific Bell Telephone Company, Defendant. |
Case 07-12-030 (Filed December 28, 2007) |
And Related Matter. |
Case 08-02-009 (Filed February 8, 2008) |
ORDER EXTENDING STATUTORY DEADLINE
Pub. Util. Code § 1701.2(d) provides that adjudicatory cases shall be resolved within 12 months of the date that they are initiated unless the Commission makes findings as to why that deadline cannot be met and issues an order extending that deadline. This consolidated matter has been categorized as adjudicatory, and the 12-month deadline for resolving this proceeding was February 8, 2009. In Decision (D.) 09-01-028, the Commission extended the deadline 180 days until August 8, 2009. In D.09-08-016 and D.09-11-022, the Commission twice further extended the deadline an additional 180 days until February 3, and August 2, 2010, respectively. In D.10-07-010, the Commission extended the statutory deadline until August 2, 2011.
In August 2008, Fones4All Corporation (Fones4All) filed for bankruptcy protection. Fones4All's bankruptcy filing automatically stayed, by operation of law, Case (C.) 08-02-009, which sets forth certain Pacific Bell Telephone Company1 counterclaims against Fones4All. The interconnectedness between the parties' claims against each other makes proceeding with Fones4All's complaint against AT&T California untenable while AT&T California's counterclaims are stayed.
In addition, Fones4All and AT&T California have asserted that there is a likelihood that the bankruptcy process might result in resolution of both parties' respective claims against the other. Consequently, at the joint request of the parties, the assigned Administrative Law Judge (ALJ) stayed2 Fones4All's complaint against AT&T California pending the outcome of Fones4All's bankruptcy proceeding. As of this date, Fones4All's bankruptcy proceeding is still pending, and it is uncertain when the matter will be concluded. Moreover, there is no indication that the bankruptcy proceeding will be concluded by August 2, 2011 Consequently, an extension of the statutory deadline is reasonable to accommodate the stay granted these consolidated complaints until the resolution of Fones4All's bankruptcy case and the issuance of the presiding officer's decision on any unresolved issues.
Waiver of Comment Period
Under Rule 14.6(c)(4) of the Commission's Rules of Practice and Procedure (Rules), the Commission may reduce or waive the period for public review and comment of decisions extending the deadline for resolving adjudicatory proceedings. Accordingly, pursuant to Rule 14.6(c)(4), the otherwise applicable period for public review and comment is waived.
1 Pacific Bell Telephone Company does business as AT&T California.
2 By ruling issued on January 13, 2009.
