11. Ex Parte Communications

The Commission's ex parte communication rules set forth in Rule 8.2(a) shall apply in this proceeding.

1. The term "transition period" is used throughout D.10-11-033 and must be consistent because important events occur prior to, during, and at the completion of the "transition period."

2. The duration and terms of the transition period are ambiguous.

3. The decision is not clear about the date on which carriers would cease to be reimbursed pursuant to current GO 153 rules, and after that date exactly what reimbursement amounts carriers, receiving the federal ETC amounts as opposed to carriers not eligible for those amounts, would receive.

4. To avoid customer interior confusion, specific revisions to GO 153 are necessary to implement the changes we adopted to the LifeLine program in D.10-11-033.

5. D.10-11-033 is unclear as to whether the Commission changed the definition for LifeLine measured rate service.

1. Clarification of D.10-11-033 is required to determine when the transition period begins.

2. We authorize staff to complete the tasks necessary on the shortest feasible timetable, and to include a realistic implementation plan with the proposed revisions to GO 153.

3. D.10-11-033 did not fully consider the implementation mechanics for the Specific Support Amount and LifeLine measured rate service billings, either during the transition period or thereafter.

4. The measured rate service element of the LifeLine program should not be altered pending revisions to GO 153 without explicit analysis and clear direction.

5. The clarifications of D.10-11-033 set forth in this order should be adopted in order to assist staff in the prompt implementation of the LifeLine program.

O R D E R

IT IS ORDERED that:

1. The current General Order 153 carrier reimbursement practices and policies shall be retained until a revised General Order 153 is developed by our staff, in consultation with the carriers and customers, and approved by this Commission. Such revisions shall include a realistic implementation plan including sufficient time for customer education.

2. The Commission hereby institutes this rulemaking on its own motion to develop implementation measures for the revisions adopted California LifeLine Program in Decision 10-11-033.

3. The issues to be considered in this proceeding are set forth in the Preliminary Scoping Memo.

4. The Executive Director shall cause this Order Instituting Rulemaking to be served on all telecommunications carriers and parties on the service list of Rulemaking 06-05-028.

5. The service list for Rulemaking (R.) 06-05-028 shall be used to establish an initial service list for this proceeding. If a party is already on the service list in R.06-05-028, that party automatically will appear as a party on the service list in this proceeding with no further action required.

6. Any person or representative of an entity interested in becoming a party to this proceeding who is not on the service list in Rulemaking 06-05-028, should contact the Commission's Process Office, 505 Van Ness Avenue, San Francisco, California, 94102 (or Process_Office@cpuc.ca.gov) requesting to be placed on the service list for this proceeding.

7. Individuals interested only in monitoring the proceeding may request to be placed on the "Information Only" section of the service list. This service list will be posted on the Commission's website, www.cpuc.ca.gov.

8. The category of this rulemaking is preliminarily determined to be quasi-legislative as defined in Rule 1.3(d) of the Commission's Rules of Practice and Procedure. Ex parte communications are allowed pursuant to Rule 8.2(a). Pursuant to Rule 7.6, any party may file and serve an appeal of categorization no later than 10 days from the effective date of this OIR.

9. All parties shall abide by the Commission's electronic service rules contained in Rule 2.3.1 of the Commission's Rules of Practice and Procedure.

10. We hereby incorporate into the record of this new proceeding the record created in Rulemaking 06-05-028.

11. We direct Communications Division staff to diligently pursue development of the revisions necessary to General Order 153 and to consult with carriers and customers is appropriate.

12. The assigned Commissioner and Administrative Law Judge will set the schedule for this proceeding by subsequent rulings, as warranted, to develop the record and to bring this rulemaking to a conclusion.

13. AT&T California's request for an extension of time to comply with Decision 10-11-033 regarding measured rate service is moot and, therefore, denied.

14. Rulemaking 06-05-028 is closed.

This order is effective today.

Dated March 24, 2011, at San Francisco, California.

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