Procedural Background

This proceeding involves a complaint filed on December 6, 2010 by Clarence Anthony Bush and Marciana Bush (Complainants), alleging that the Defendant, Pacific Bell Telephone Company dba AT&T California (AT&T) provided inadequate working telephone service during the period August 2009 through March 2010 and overcharged for these services (Complaint). Complainants request a full refund of all payments made during that time period and that AT&T construct adequate telephone facilities to serve the rural Orosi, California (CA) community.

The Commission reassigned this case to Administrative Law Judge (ALJ) Kelly A. Hymes on May 18, 2011, who, in turn, issued a Ruling on June 24, 2011, scheduling a prehearing conference. On July 29, 2011, AT&T filed a Motion requesting the Commission dismiss the proceeding (Motion).

On August 2, 2011, the ALJ held a prehearing conference at which time the parties discussed the scope of the proceeding and AT&T's Motion. The ALJ directed Complainants to file a response to the Motion no later than August 15, 2011, and permitted AT&T to file a reply to the response no later than August 25, 2011. Both parties complied. On September 22, 2011, AT&T filed an Amendment to the Motion. Complainants late-filed a response to the Amendment on October 20, 2011, and AT&T filed a reply to the response on October 21, 2011.