Position of Parties
The Small LECs and SureWest support the issuance of a rulemaking by the Commission to examine only the practical implementation issues identified in the petition but disagree with Verizon Wireless that nearly insurmountable difficulties exist in applying the PPP surcharges to prepaid wireless services because of the unique nature of the billing method associated with prepaid services.
AT&T supports Verizon Wireless' petition to the extent it seeks a rulemaking that explores processes for assessing surcharges, on a nondiscriminatory basis with post-paid wireless service, meaning services billed in a traditional manner, from intrastate revenues attributed to prepaid wireless services.
TracFone supports the petition for the specific purpose of determining whether, as a preliminarily matter, the PPP surcharges are even applicable to prepaid wireless services. TracFone is the named respondent in a separate Commission proceeding, Investigation (I.) 09-12-016.3
DisabRA and TURN recognize the importance of some of the issues raised in Verizon Wireless' petition, but believe that it is inappropriate to address these issues in isolation when it believes the Commission is already engaged in, what they describe as, a comprehensive review of the Public Purpose Programs in Rulemaking (R.) 06-05-028.4 DisabRA and TURN also separately filed timely notices of intent to claim intervenor compensation pursuant to § 1801 et. seq. which demonstrate compliance with certain preliminary requirements needed to request compensation in this proceeding.
DRA urges the Commission to dismiss the petition as unnecessary because, according to the DRA, existing law unambiguously requires all California utility telecommunications carriers, including prepaid wireless service providers, to collect PPP surcharges from their customers. As such, DRA contends that the questions posed by the petition are moot.
Several parties also filed reply comments which essentially restated arguments in their initial comments.
3 I.09-12-016, Order Instituting Investigation on the Commission's own motion into the alleged failure of TracFone Wireless, Inc. (U-4321-C) to collect and remit public purpose program surcharges and user fees on revenue from its sale of intrastate telephone service to California consumers, in violation of the laws, rules and regulations of this State; Order to Show Cause why Respondent should not immediately be ordered to pay all such outstanding sums plus interest, and be subject to penalties for such violations.
4 R.06-05-028, Rulemaking on the Commission's Own Motion to review the telecommunications policy program.
