Assignment of Proceeding

Timothy Alan Simon is the assigned Commissioner and Kelly A. Hymes is the assigned ALJ in this proceeding.

Findings of Fact

1. Complainants received bill credits from the Defendant totaling $208.41.

2. Complainants do not deny receiving and endorsing a check from AT&T for $255.94.

3. Complainants received payment for the full amount paid to AT&T during the time period August 2009 up to March 2010.

4. Tariff Rule 14 limits liability for damages arising out of mistakes, omissions, interruptions, delays, errors or defects in any of the services or facilities furnished by AT&T to the total amount of the charges to the customer for all tariffed services or facilities for the period affected by the mistake, omission, interruption, delay, error or defect.

Conclusions of Law

1. The complaint regarding inadequate rural service is more appropriately addressed in the rulemaking reviewing AT&T's performance in meeting General Order 133-C service quality standards.

2. Complainants received reparation to the extent the law allows.

3. The complaint is moot.

4. The complaint should be dismissed, and this proceeding should be closed, effective immediately.

ORDER

IT IS ORDERED that:

1. The motion by Pacific Bell Telephone Company dba AT&T California to dismiss this complaint is granted.

2. No hearing is necessary in this proceeding.

3. Case 10-12-002 is closed.

This order is effective today.

Dated December 15, 2011, at San Francisco, California.

MICHAEL R. PEEVEY

President