2. Issues

In accordance with § 1701.1(b), a scoping memo ruling was issued in this proceeding. The first scoping memo ruling was dated August 25, 2010³ and defined the scope as follows:

1. Whether PPP [public purpose program] surcharges and user fees are applicable to TracFone's prepaid wireless services.

2. If so, whether TracFone Wireless, Inc. (TracFone) violated specific laws, rules, orders or directions of the Commission in failing to collect and remit the PPP surcharges and user fees applicable to its prepaid wireless services.

3. If found in violation, whether TracFone should be subject to penalties pursuant to the provisions of Pub. Util. Code §§ 2100, et seq. for failure to pay PPP surcharges and user fees on its prepaid wireless services.⁴

An amended scoping memo was issued on September 30, 2010, which clarified, among other things, that the third issue set forth above would be addressed, if needed, after a decision is adopted by the Commission on the first and second issues above.⁵

³ An amended scoping memo was issued on September 30, 2010 but did not modify the scope of the issues defined in this proceeding.

⁴ August 25, 2010 scoping memo ruling at 5-6.

⁵ September 30, 2010, I.09-12-016, amended scoping memo ruling at 6.