ALJ/avs Date of Issuance 8/13/2010
Decision 10-08-016 August 12, 2010
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of TracFone Wireless, Inc. (U-4231-C) for Rehearing of Resolution T-17235. |
Application 10-01-015 (Filed January 19, 2010) |
DECISION DENYING WITHOUT PREJUDICE INTERVENOR COMPENSATION TO THE UTILITY REFORM NETWORK FOR SUBSTANTIAL
CONTRIBUTION TO RESOLUTION T-17235
This decision denies without prejudice The Utility Reform Network's request for intervenor compensation1 for substantial contribution to Resolution T-17235.
1. Summary
On December 18, 2009, Resolution (Res.) T-17235 was issued denying TracFone Wireless, Inc. (TracFone's) request to be designated an Eligible Telecommunications Carrier (ETC) in California for the purposes of receiving federal Lifeline support. The resolution also determined that it is not in the public interest to designate TracFone as an ETC because it failed to collect and remit, and refuses to collect and remit, public purpose program surcharges and user fees. Res. T-17235 rejected TracFone's contention that it did not have to collect such fees because it was not a public utility. In addition, Res. T-17235 found that TracFone violated the state and federal laws, and Commission orders. Thus, the resolution ordered the Communications Division (CD) to prepare an Order Instituting Investigation (OII) and Order to Show Cause (OSC) as to why TracFone should not be ordered to collect and remit all alleged outstanding user fees and public purpose surcharges.
TracFone timely applied for a rehearing of Res. T-17235 in A.10-01-015. On May 6, 2010, the Commission issued Decision (D.) 10-05-021 which ruled that because the matters raised by TracFone's Advice Letter (AL) and Res. T-17235 are controversial, the Commission found good cause to grant the rehearing of Res. T-17235, and to deny the AL, without prejudice, pursuant to General Order 96-B. Due to the pending Investigation (I.) 09-12-016, the Commission found it unnecessary to conduct a hearing in A.0-01-015. Instead, the Commission modified I.09-12-016 to include the allegations made in Res. T-17235. As a result, D.10-05-021 vacated Res. T-17235 and granted a rehearing of Res. 17235.
The Utility Reform Network (TURN) filed its request for intervenor compensation on February 16, 2009. In its claim, TURN requests $16,162.50 for substantial contribution to Res. T-17235. At this time, we deny TURN's claim without prejudice because Res. T-17235 was vacated by D.10-05-021.
Although we are denying this request in light of the fact that Res. T-17235 was vacated by D.10-05-021, we clarify that TURN may choose to file a compensation request in I.09-12-016 if it intends to claim substantial contribution leading to either the opening of I.09-12-016 or to the issuance of the final decision in this matter.
1 Filed on February 16, 2009 in Application (A.) 10-01-015.
