ALJ/XJV/eap Date of Issuance 10/16/2009

Decision 09-10-008 October 15, 2009

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Investigation on the Commission's own motion into the operations, practices, and conduct of Pacific Bell Wireless LLC dba Cingular Wireless, U-3060, U-4135 and U-4314, and related entities (collectively "Cingular") to determine whether Cingular has violated the laws, rules and regulations of this State in its sale of cellular telephone equipment and service and its collection of an Early Termination Fee and other penalties from consumers.

Investigation 02-06-003 (Filed June 6, 2002)

DECISION RESOLVING ALL OUTSTANDING ISSUES
AND PROVIDING FOR CLOSURE OF REPARATIONS FUNDS A AND B

1. Summary

This decision resolves all outstanding issues concerning two previously established reparations funds. The decision:

· Revises Ordering Paragraph 1 of Decision (D.) 08-02-015, which directed the claims administrator to pay the Utility Consumers' Action Network's (UCAN) second intervenor compensation award from the residue of Fund B, to instead authorize reimbursement to AT&T Mobility LLC (AT&T), since AT&T paid the award to UCAN directly prior to the issuance of D.08-02-015.

· Directs the claims administrator to return to AT&T the balance remaining, if any, from the $600,000 deposited by AT&T for notice and claims administration. Calculation of the balance due to AT&T shall be made once all additional monies due to the claims administrator have been paid and shall exclude the $61,783.09 paid for telephone support from another source, pursuant to D.08-02-015.

· Directs the claims administrator to distribute to the Telecommunications Consumer Protection Fund the residual balances in Funds A and B, which total approximately $1.9 million (as of the period ending May 31, 2009). These balances represent monies in both funds that cannot be repaid to customers and are not subject to escheatment, together with all otherwise unallocated interest.