Proceeding C0511011 Date Filed: November 14, 2005 Status: Reopened

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Commissioner Assigned: Michael R. Peevey on January 2, 2007 Filer Requested Category: Adjudicatory Preliminary Category: Commission Designated Category: Adjudicatory Filed By: UTILITY CONSUMERS' ACTION NETWORK (UCAN) DOCUMENTS Number of Documents: 76 Type: MISCELLANEOUS FILING Filing Date: October 10, 2008 Filed By: Pacific Bell Telephone Company Description: Proof of Payment Pursuant to Ordering Paragraph 1 of D08-08-017. Type: REHEARING REQUEST Filing Date: September 26, 2008 Filed By: Pacific Bell Telephone Company Description: of the Modified Presiding Officer's Decision No. 08-08-017 Type: REQUEST Filing Date: September 5, 2008 Filed By: UTILITY CONSUMERS¿ ACTION NETWORK Description: for intervenor compensation for substantial contribution to D08-08-017. Type: MOTION Filing Date: December 18, 2007 Filed By: Pacific Bell Telephone Company Description: for Oral Argument concerning the Presiding Officer's Decision. Type: RESPONSE Filing Date: December 3, 2007 Filed By: Utility Consumers' Action Network Description: To Appeal of Presiding Officer's Decision Finding AT&T California (Formerly SBC Communications, Inc. dba SBC Pacific Bell Telephone Company) In Violation of Public Utilities Code Section 2883. Type: REQUEST Filing Date: November 30, 2007 Filed By: Cox California Telecom LLC Pacific Bell Telephone Company Description: Joint; for Official Notice in connection with their Joint Application for Rehearing of Revised Proposed Interim Decision on Alleged Ex Parte Violations (D.07-07-020); Request for Oral Argument, filed August 20, 2007. Type: APPEAL Filing Date: November 9, 2007 Filed By: Pacific Bell Telephone Company Description: of Presiding Officer's Decision. Type: PRESIDING OFFICERS DECISION Filing Date: October 10, 2007 Filed By: ALJ/THORSON/CPUC Description: Any party to this adjudicatory proceeding may file and serve an Appeal of the Presiding Officer's Decision within 30 days of the date of issuance of this decision. In addition, any Commissioner may request review of the Presiding Officer's Decision by filing and serving a Request for Review within 30 days of the date of issuance. Any party may file and serve a Response to an Appeal or Request for Review no later than 15 days after the date the Appeal or Request for Review was filed. Replies to Responses are not permitted. Type: RULING Filing Date: August 29, 2007 Filed By: ALJ/THORSON/CPUC Description: ALJ's Ruling on Pending Matters; Notice of Intent to Take Official Notice of Certain Documents; Submittal. Type: REHEARING REQUEST Filing Date: August 20, 2007 Filed By: Margaret L. Tobias Description: Application for Rehearing of Decision No. 07-07-020. Type: REHEARING REQUEST Filing Date: August 20, 2007 Filed By: Cox California Telecom LLC Pacific Bell Telephone Company Description: Joint Application for Rehearing of Decision 07-07-020, Revised Proposed Interim Decision on Alleged Ex Parte Violations; Request for Oral Argument. Type: RULING Filing Date: June 18, 2007 Filed By: ALJ/THORSON/CPUC CMMR/BOHN/CPUC Description: Joint Ruling of the Assigned Commissioner and the Presiding Officer Denying Request for Oral Argument. Type: MOTION Filing Date: May 30, 2007 Filed By: Margaret L. Tobias Description: for Leave to Late-File Comments; ATTACHED: Comments of Margaret Tobias on the Revised Proposed Decision of ALJ Thorson. (Motion granted by ALJ Thorson Email dated 5/31/07. MMN) Type: MOTION Filing Date: May 29, 2007 Filed By: Cox California Telecom LLC Pacific Bell Telephone Company Description: Joint; for oral argument before the California Public Utilities Commission concerning the Revised Proposed Interim Decision on Alleged Ex Parte Violations. Type: COMMENTS Filing Date: May 29, 2007 Filed By: Pacific Bell Telephone Company Description: on Revised Proposed Interim Decision of ALJ on alleged ex parte violations. Type: COMMENTS Filing Date: May 29, 2007 Filed By: Cox California Telcom LLC Description: on Revised Proposed Decision of ALJ Thorson on Alleged Ex Parte Violations. Type: PROPOSED DECISION Filing Date: May 9, 2007 Filed By: ALJ/THORSON/CPUC Description: Revised Proposed Interim Decision on Alleged Ex Parte Violations. Opening comments, which shall not exceed 15 pages, are due no later than May 29, 2007. Reply comments are due five days after opening comments are filed. Type: RESPONSE Filing Date: February 23, 2007 Filed By: Utility Consumers' Action Network Description: to AT&T Submission of Information regarding Financial Condition of Defendant AT&T for Determination of Appropriate Penalties. Type: REPLY Filing Date: February 23, 2007 Filed By: Pacific Bell Telephone Company Description: to UCAN Response to ALJ Ruling Setting Aside Submission and Reopening Proceeding to Receive Additional Evidence. Type: RESPONSE Filing Date: February 20, 2007 Filed By: Pacific Bell Telephone Company Description: to Utility Consumer's Action Network's Motion to Compel Discovery (filing authorized by ALJ Thorson). Type: RESPONSE Filing Date: February 16, 2007 Filed By: Utility Consumers' Action Network Description: Submission of Information Regarding Financial Condition of Defendant AT&T for Determination of Appropriate Penalties. Type: RESPONSE Filing Date: February 16, 2007 Filed By: Pacific Bell Telephone Company Description: pursuant to ALJ's Ruling setting aside submission and reopening proceeding to receive additional evidence. Type: MOTION Filing Date: February 16, 2007 Filed By: Pacific Bell Telephone Company Description: to set aside submission and reopen record. Type: LAW & MOTION Filing Date: February 13, 2007 Filed By: Utility Consumers' Action Network Description: Motion to Compel Discovery Responses by AT&T California. Type: RULING Filing Date: February 5, 2007 Filed By: ALJ/THORSON/CPUC Description: Setting Aside Submission and Reopening Proceding to Receive Additional Evidence. Complainant and defendant shall file declarations, any requests for official notice, and supporting legal memoranda addressing the financial resources of defendant (which memoranda shall not exceed 10 pages per party) no later than February 16, 2007. No later than February 23, 2007, the parties may file responsive legal memoranda including any arguments as to why information contained in the declarations should not be admitted into evidence. Type: NOTICE Filing Date: February 2, 2007 Filed By: CALJ/MINKIN/CPUC Description: of co-assignment. Type: COMMENTS Filing Date: January 22, 2007 Filed By: Cox California Telcom, LLC Description: Reply; on Proposed Interim Decision on Alleged Ex Parte Violations. Type: COMMENTS Filing Date: January 22, 2007 Filed By: Pacific Bell Telephone Company Description: Reply; on Proposed Interim Decision of ALJ on Alleged Ex Parte Violations. Type: COMMENTS Filing Date: January 16, 2007 Filed By: Cox California Telcom Description: Opening; on Proposed Interim Decision on Alleged Ex Parte Violations. Type: COMMENTS Filing Date: January 16, 2007 Filed By: Pacific Bell Telephone Company Description: on Proposed Interim Decision on Alleged Ex Parte Violations. Type: COMMENTS Filing Date: January 16, 2007 Filed By: MARGARET TOBIAS Description: on the Proposed Decision of ALJ Thorson. Type: PROPOSED DECISION Filing Date: December 26, 2006 Filed By: ALJ/THORSON/CPUC Description: Proposed Interim Decision on alleged ex parte violations. Opening comments, which shall not exceed 15 pages, are due no later than January 15, 2007. Reply comments are due 5 days after the filing of Opening comments. Type: RULING Filing Date: December 6, 2006 Filed By: ALJ/THORSON/CPUC Description: RESOLVING PENDING MOTIONS RE RECORD AND SUBMITTING PROCEEDING. Among other things, grants Pacific Bell's motion of September 15, 2006, for leave to file confidential portions of its reply brief uder seal, as set forth. Type: REPLY Filing Date: October 31, 2006 Filed By: Utility Consumers' Action Network Description: in support of Motion to Strike References to Extra-Evidentiary Documents in AT&T's Post-Hearing Reply Brief and AT&T's Request to File Documents Under Seal. Type: REQUEST Filing Date: October 25, 2006 Filed By: Pacific Bell Telephone Company Description: FOR OFFICIAL NOTICE [re: FCC Form 502 Utilization Data]. Type: RESPONSE Filing Date: October 20, 2006 Filed By: Pacific Bell Telephone Company Description: TO UCAN'S MOTION TO STRIKE. Type: RESPONSE Filing Date: October 2, 2006 Filed By: Pacific Bell Telephone Company Description: TO UCAN'S REQUEST FOR JUDICIAL NOTICE. Type: MOTION Filing Date: September 22, 2006 Filed By: Utility Consumers' Action Network Description: to strike references to extra-evidentiary documents in AT&T's post-hearing reply brief and AT&T's request to file documents under seal. Type: BRIEF Filing Date: September 15, 2006 Filed By: Utility Consumers' Action Network Description: Post-Hearing; Reply. Type: REQUEST Filing Date: September 15, 2006 Filed By: Utility Consumers' Action Network Description: for Judicial Notice of Report Referenced in Post-Hearing Reply Brief in support of UCAN Complaint. Type: BRIEF Filing Date: September 15, 2006 Filed By: PACIFIC BELL TELEPHONE COMPANY Description: PUBLIC REDACTED VERSION; reply. Type: LAW & MOTION Filing Date: September 15, 2006 Filed By: PACIFIC BELL TELEPHONE COMPANY Description: motion for leave to file confidential portions of the reply brief under seal; confidential materials attached and filed under seal. Type: BRIEF Filing Date: August 25, 2006 Filed By: PACIFIC BELL TELEPHONE COMPANY Description: opening. Type: BRIEF Filing Date: August 24, 2006 Filed By: UTILITY CONSUMERS ACTION NETWORK Description: Post-Hearing, Opening. Type: RULING Filing Date: August 15, 2006 Filed By: ALJ/THORSON/CPUC Description: following Final Prehearing Conference. Type: BRIEF Filing Date: July 31, 2006 Filed By: Cox California Telcom, LLC Description: [Reply; pursuant to the rulings of June 26 and July 12, 2006]. Type: BRIEF Filing Date: July 31, 2006 Filed By: PACIFIC BELL TELEPHONE COMPANY Description: reply; pursuant to the July 12, 2006 ruling. Type: BRIEF Filing Date: July 31, 2006 Filed By: MARGARET TOBIAS Description: reply. Type: BRIEF Filing Date: July 24, 2006 Filed By: Cox California Telcom LLC Description: Opening; in Response to issues raised by Joint Ruling dated 06/26/06. Type: BRIEF Filing Date: July 24, 2006 Filed By: MARGARET TOBIAS Description: opening. Type: BRIEF Filing Date: July 24, 2006 Filed By: PACIFIC BELL TELEPHONE COMPANY Description: opening; pursuant to the July 12, 2006 Ruling. Type: BRIEF Filing Date: July 24, 2006 Filed By: UTILITY CONSUMERS ACTION NETWORK Description: in Support of Request for Finding AT&T and Cox conducted Ex Parte Communications and for Sanctions. Type: MOTION Filing Date: July 14, 2006 Filed By: PACIFIC BELL TELEPHONE COMPANY Description: to strike the testimony of Michael Shames and Terry L. Murray on behalf of UCAN. Type: RULING Filing Date: July 12, 2006 Filed By: ALJ/THORSON/CPUC Description: FOLLOWING PREHEARING CONFERENCE AND EVIDENTIARY HEARING. Confirms the following schedule: opening briefs, limited to 30 pages, - July 24, 2006; responding briefs, limited to 15 pages, - July 31, 2006; no reply briefs; final prehearing conference - July 28, 2006. Type: MISCELLANEOUS FILING Filing Date: June 30, 2006 Filed By: COX COMMUNICATIONS, INC. Description: Declaration of Douglas Garrett in response to Joint Ruling Dated June 26, 2006. Type: RESPONSE Filing Date: June 30, 2006 Filed By: PACIFIC BELL TELEPHONE COMPANY Description: to the Joint Ruling of the Assigned Commissioner and the Presiding Officer dated June 26, 2006. Type: RULING Filing Date: June 28, 2006 Filed By: ALJ/Thorson/CPUC Description: The Motions of AT&T California and Cox California Telcom to stay these proceedings are denied. Type: RESPONSE Filing Date: June 27, 2006 Filed By: PACIFIC BELL TELEPHONE COMPANY Description: to UCAN's motion to withdraw complaint C05-11-012; [pursuant to the June 20, 2006 email ruling]. Type: RULING Filing Date: June 26, 2006 Filed By: CMMR/BROWN/THORSON/CPUC Description: JOINT RULING OF THE ASSIGNED COMMISSIONER AND THE PRESIDING OFFICER.(2)On or before June 30, 2006, any officer, agent, or attorney of the defendants who engaged in any ex parte communication with a "decisionmaker" (as that term is defined by Rule 5(f)) for purposes of these adjudicatory proceedings, concerning substantive issues in these adjudicatory proceedings, shall file and serve a declaration setting forth the information required by Rule 7.1(a). The report of the "communication and content" must be in detail. (3).On or before June 30, 2006, defendants' attorneys of record in these proceedings shall file and serve declarations, based on non-privileged information, in response to the questions set forth in paragraph 3 hereof.(4) On or before June 30, 2006, UCAN shall file and serve a declaration setting forth any additional information it might have concerning the Preliminary Statement of Facts. (5) A Prehearing Conference will be held at 9:00 a.m. on Friday July 7, 2006. Type: OPPOSITION Filing Date: June 19, 2006 Filed By: UTILITY CONSUMERS ACTION NETWORK Description: to Motion to stay the coordinated complaint proceedings. Type: MOTION Filing Date: June 2, 2006 Filed By: COX CALIFORNIA TELCOM, LLC PACIFIC BELL TELEPHONE COMPANY Description: to stay the coordinated complaint proceedings. Type: AMENDED COMPLAINT Filing Date: April 17, 2006 Filed By: THE UTILITY CONSUMERS' ACTION NETWORK Description: First; and Request for Cease and Desist Order. Type: RULING Filing Date: April 6, 2006 Filed By: ALJ/THORSON/PUC Description: Grants the motions to dismiss of PacBell and Cox, to the extent set forth. Type: BRIEF Filing Date: March 14, 2006 Filed By: PACIFIC BELL TELEPHONE COMPANY Description: reply. Type: OPPOSITION Filing Date: March 8, 2006 Filed By: THE UTILITY CONSUMERS' ACTION NETWORK Description: to Motion to Dismiss Complaint (includes Declaration of Alan Mansfield in support of Opposition). Type: RULING Filing Date: February 27, 2006 Filed By: ALJ/THORSON/PUC Description: Finds UCAN elgible to claim intervenor compensation, as set forth. Type: NOTICE Filing Date: February 3, 2006 Filed By: THE UTILITY CONSUMERS' ACTION NETWORK Description: of Intent to Claim Compensation. Type: MOTION Filing Date: January 27, 2006 Filed By: PACIFIC BELL TELEPHONE COMPANY Description: to dismiss the complaint. Type: SCOPING RULING Filing Date: January 20, 2006 Filed By: ALJ/THORSON/PUC COMR/BROWN/PUC Description: confirms adjudicatory categorization, evidentiary hearing required, sets the following schedule:1/27 - file/serve motion to dismiss (MTD); 2/17 - file/serve motion to compel (MTC); 2/22 - file/serve response to MTC; 3/7 - file/serve UCAN response to MTD; 3/14 - file /serve Reply to UCAN's response to MTD; Type: PREHEARING CONFERENCE STATEMENT Filing Date: December 30, 2005 Filed By: PACIFIC BELL TELEPHONE COMPANY Description: [pursuant to the December 5, 2005 ruling]. Type: PREHEARING CONFERENCE STATEMENT Filing Date: December 29, 2005 Filed By: UTILITY CONSUMERS' ACTION NETWORK Description: [pursuant to the December 5, 2005 ruling]. Type: ANSWER Filing Date: December 22, 2005 Filed By: PACIFIC BELL TELEPHONE COMPANY Description: to Complaint. Type: RULING Filing Date: December 5, 2005 Filed By: ALJ/THORSON/PUC Description: Sets a prehearing conference for January 4, 2006. Type: INSTRUCTION TO ANSWER SB960 Filing Date: November 22, 2005 Filed By: ALJ/DOCKET/PUC Description: Answers, 12/22/05. Type: COMPLAINT Filing Date: November 14, 2005 Filed By: UTILITY CONSUMERS' ACTION NETWORK (UCAN) Description: vs. SBC Communications, Inc., dba SBC Pacific Bell Telephone Company (U 1001 C), and related entities (collectively 'SBC') for, the following orders: that defendant immediately cease and desist from each and every violation alleged in paragraphs 9 through 21, inclusive, effective upon receipt of this complaint through the issuance of an injunction; and, that defendant undertake such steps as are necessary to comply with state law; and, that defendant make and pay any and all reimbursements and penalties available under Code Sections 2107, 2108 and 2113 to customers affected by this practice; and, that defendant pay commensurate punitive damages upon finding of intentional misconduct; and, for all other remedies and penalties and cost as the Commission may determine just and equitable. Type: DEFENDANT Filing Date: November 14, 2005 Filed By: SBC CALIFORNIA Description: vs. SBC Communications, Inc., dba SBC Pacific Bell Telephone Company (U 1001 C), and related entities (collectively 'SBC') for, the following orders: that defendant immediately cease and desist from each and every violation alleged in paragraphs 9 through 21, inclusive, effective upon receipt of this complaint through the issuance of an injunction; and, that defendant undertake such steps as are necessary to comply with state law; and, that defendant make and pay any and all reimbursements and penalties available under Code Sections 2107, 2108 and 2113 to customers affected by this practice; and, that defendant pay commensurate punitive damages upon finding of intentional misconduct; and, for all other remedies and penalties and cost as the Commission may determine just and equitable. DECISIONS Number of Decisions: 9 Decision Number: D0808017 Rendered Date: August 21, 2008 Effective Date: August 21, 2008 Description: Modifies Presiding Officer's Decision. Closes proceeding. Decision Number: D0807001 Rendered Date: July 1, 2008 Effective Date: July 1, 2008 Description: Corrects error in Decision 08-06-023 to state that Case (C.) 05-11-011 should remain open, while C.05-11-012 should be closed. Decision Number: D0806023 Rendered Date: June 12, 2008 Effective Date: June 12, 2008 Description: Modifies Decision 07-07-020, denying rehearing of decision, as modified. Closes these two proceedings. Decision Number: D0806017 Rendered Date: June 12, 2008 Effective Date: June 12, 2008 Description: Extends statutory deadline. Decision Number: D0802031 Rendered Date: February 28, 2008 Effective Date: February 28, 2008 Description: Extends statutory deadline. (Commissioner Timothy Alan Simon, being necessarily absent, did not participate.) Decision Number: D0711016 Rendered Date: November 1, 2007 Effective Date: November 1, 2007 Description: Extends statutory deadline until February 15, 2008. Decision Number: D0707020 Rendered Date: July 12, 2007 Effective Date: July 12, 2007 Description: Revised proposed interim decision on alleged ex parte violations. (Comr. Peevey will file a dissent. Comr. Simon will file a concurrence.) Decision Number: D0703040 Rendered Date: March 15, 2007 Effective Date: March 15, 2007 Description: Extends statutory deadline. Decision Number: D0609037 Rendered Date: September 21, 2006 Effective Date: September 21, 2006 Description: Extends statutory deadline until March 14, 2007.

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