Conclusions of Law

1. Consumer Federation's contention that consideration of in-language market trials is a rescission of the In-Language Marketing Rules is without merit.

2. Rules for in-language market trials should necessarily and appropriately differ from traditional market trials because they are intended to serve different purposes.

3. In-language market trials should be permitted under certain conditions.

4. Carriers may provide target language customer service support through a third-party interpreter service such as Language Line, so providing access to customer service in the target language of the market trial is not burdensome and will not require carriers to make substantial investments in infrastructure to support a non-English language before carriers have determined the viability of marketing to LEP customers in the target language.

5. In-language market trials in a target language should not be permitted if a carrier already markets non-exempt telecommunications services in the target language. Otherwise, carriers may seek to evade compliance with the In-Language Marketing Rules by characterizing their ongoing in-language marketing efforts as market trials.

6. An in-language market trial should be defined as, "The marketing of one or more non-exempt services for a limited duration in a non-English language."

7. It is unreasonable to require pre-approval of a limited duration in-language market trial when no pre-approval is required to conduct in-language marketing on a permanent basis or to conduct traditional market trials.

8. The start date of an in-language market trial period should be the date that a carrier begins marketing in the target language.

9. Carriers should be required to notify the Commission's Communications Division, Public Advisor and CAB Chief of planned in-language market trials via information-only filings prior to the start of an in-language market trial to inform the Commission of the carrier's identity, the start date, a description or map of the geographic target area and the target language of the market trial. Carriers' information-only advice letters may be filed pursuant to GO 66-C. This notice will establish the start date and should be used to determine the permitted duration of an in-language market trial, if disputes, complaints or questions arise concerning compliance with the In-Language Marketing Rules.

10. Prior notification to the Commission of planned in-language market trials should be required to prevent carriers which are conducting in-language marketing efforts that do not comply with the In-Language Marketing Rules from notifying the Commission after-the-fact as a way to avoid compliance with the In-Language Marketing Rules.

11. If a carrier initiates an in-language market trial or other in-language marketing effort without first notifying the Commission of the in-language market trial, that marketing effort should be required to comply with the In-Language Marketing Rules.

12. Carriers should not be required to notify CBOs or other parties of their intention to conduct in-language market trials.

13. Carriers should be required to inform in-language market trial participants in the target language that participants may contact the CAB to file an informal complaint, and to provide CAB's telephone number and web address to participants.

14. Carriers should be required to informally alert the Public Advisor and the CAB Chief in writing to a pending in-language market trial at least seven days prior to the market trial start date, and carriers should be permitted to treat that informal notice to CAB as confidential and proprietary pursuant to GO 66-C.

15. Carriers should not be required to submit reports or other information to the Commission at the conclusion of an in-language market trial.

16. There should be no limitations on the geographic scope of in-language market trials. However, carriers should have the flexibility to define the geographic scope of an in-language market trial.

17. Carriers should be authorized to conduct in-language market trials for a period not to exceed 180 days. A carrier that continues to market in a non-English language after the conclusion of a 180-day in-language market trial period should be required to comply with all of the In-Language Marketing Rules adopted in D.07-07-043.

18. Carriers should be allowed to repeat an in-language market trial not less than two years from the conclusion of an in-language market trial in that language, if the first trial was unsuccessful.

19. It is unreasonable to grant carriers broad flexibility in conducting in-language market trials, including the option to terminate the trial at any time, while binding LEP participants to long-term contracts entered into during an in-language market trial without any of the protections provided by the In-Language Marketing Rules.

20. Carriers that conduct in-language market trials should be required to provide, in the target language of the market trial during normal business hours, access to live, person-to-person customer service over the telephone so that participants may obtain assistance in resolving customer billing or service questions. Carriers should be allowed to provide customer service using either a customer service representative fluent in the market trial target language, or a third-party interpreter service, such as Language Line.

21. In-language market trials should be required to include the condition that participation is entirely voluntary and revocable by participants if a carrier discontinues support in the market trial target language.

22. It is reasonable to inform LEP participants before it occurs that customer service support in the target language will be discontinued during or at the end of an in-language market trial.

23. Because in-language market trial participation is entirely voluntary and revocable if a carrier discontinues support in the market trial target language, carriers should be required to inform in-language market trial participants of this at least 30 days before terminating target language support. Carriers should be permitted to use any of the methods specified in Rule V of the In-Language Marketing Rules to provide this notice.

24. Carriers conducting in-language market trials should be required to inform in-language market trial participants in the target language that participants may contact CAB to file an informal complaint, and to provide CAB's telephone number and web address to participants. Carriers should be permitted to use any of the methods specified in Rule V of the In-Language Marketing Rules for this purpose.

25. Carriers should be required to, at a minimum, provide in-language market trial participants an English language confirmation summary of the customer's transaction, and instructions in the target language on how to access target language customer service support for assistance with the translation or interpretation of the confirmation summaries, billing questions, and Commission-mandated notices and disclosures. Carriers should be permitted to use any of the methods specified in Rule V of the In-Language Marketing Rules for this purpose.

26. Carriers should not be required to report complaints made during an in-language market trial because carriers should not be required to track or report LEP consumer complaints.

27. The Commission should first assess the effectiveness of those efforts already underway and try other reasonable alternatives before requiring carriers to establish LEP complaint and language preference tracking and reporting systems which may not produce the information the Commission needs to help it assess the needs of LEP consumers.

28. It is unreasonable for carriers to withhold from the Commission the basis upon which their cost estimates are developed because the Commission has procedures for protecting proprietary information from disclosure.

29. The Commission should not rely on cost estimates for which the proponent has intentionally withheld the underlying cost information, assumptions and methodology on which the estimates are based.

30. Public Utilities Code Section 2892.3 and Penal Code § 502.8 are intended to address the misappropriation of telecommunications services, and to penalize those who use illegal telecommunications equipment in order to avoid the payment of any lawful charge for telecommunications service or to facilitate other criminal conduct.

31. Senate Bill 318, as reflected in § 2892.3 and Penal Code § 502.8, was intended primarily to address cellular device "cloning."

32. It is inappropriate to rely on § 2892.3 in this proceeding as a basis for requiring carriers to report to the Commission on fraud and to inform LEP customers about how to protect themselves against fraud because the type of fraud that R.07-01-021 seeks to address is different than the conduct addressed in § 2892.3.

33. The Commission should not modify the scope of this proceeding in order to consider reporting of fraud against, or tracking of complaints from, all consumers because to do so will detract from the Commission's focus on issues concerning LEP consumers.

34. The Commission should address implementation of § 2892.3 in a separate proceeding that is not limited to LEP Consumers.

35. Carriers which have triggered the In-Language Marketing Rules for one or more languages should be required to file a compliance report with the Commission within 60 days after triggering the In-Language Marketing Rules because the reports will allow the Commission to identify carriers that are marketing in non-English languages and the LEP communities which are targeted by such marketing.

36. The compliance reports from carriers which have triggered the In-Language Marketing Rules should include a list of the languages for which a carrier has triggered the In-Language Marketing Rules, a summary of the types of in-language support that the carrier provides in the triggered language(s), and a description of how the support materials are made available to customers.

37. The Commission should first assess the usefulness of CIMS data before requiring carriers to establish LEP complaint and language preference tracking and reporting systems.

38. Published complaint statistics should be presented as "complaints per 100,000 customers" so that complaint statistics are comparable for carriers of different sizes.

39. Commission staff should revise the Commission's on-line complaint forms to make them more accessible and consumer friendly.

40. Carriers which market in-language should be required to provide LEP customers with an in-language notice directing them to the CalPhoneInfo website, and the notice should be given upon initiation of service and annually thereafter. Carriers should be permitted to use any of the methods specified in Rule V of the In-Language Marketing Rules to provide this notice.

41. Carriers with less than $10 million in annual intrastate revenues and carriers providing only services to wholesale or business customers should be exempt from the obligation to share in the cost of the consumer satisfaction survey and pilot test.

42. The consumer satisfaction survey and pilot test costs that would otherwise be borne by carriers with less than $10 million in annual intrastate revenues and to carriers providing only services to wholesale or business customers should instead be allocated to carriers with $10 million or more in annual intrastate revenues in proportion to those carriers' share of total intrastate revenues.

43. The Commission should reserve the option to initiate a review of the In-Language Marketing Rules adopted by D.07-07-043 and this decision after a written report on the consumer satisfaction survey has been issued, CIMS data has been compiled and reported for one year, and the TEAM Program has published at least one annual report.

44. AT&T's request for confidential treatment of the material on pages four and five of the Pearsons Declaration should be granted for a period of two years from the effective date of this decision.

ORDER

Therefore, IT IS ORDERED that:

1. Carriers are authorized to conduct in-language market trials to test the responsiveness of consumers to marketing in a non-English language in which the carrier does not already market services, without being subject to the In-Language Marketing Rules adopted in Decision (D.) 07-07-043. Carriers that conduct in-language market trials shall comply with the rules applicable to in-language market trials contained in Appendix A to this decision.

2. Carriers currently marketing in one or more non-English languages shall file a compliance report with the Commission within 60 days of this decision. A carrier that begins marketing in one or more non-English languages shall file a compliance report with the Commission within 60 days after the carrier initiates marketing in a non-English language. The compliance report shall include a list of the languages for which a carrier has triggered the In-Language Marketing Rules, a summary of the types of in-language support that the carrier provides in the triggered language(s), and a description of how the support materials are made available to customers.

3. Commission staff shall undertake steps needed to retain an organization to conduct the pilot test and customer satisfaction survey consistent with the general scope and parameters presented by Field Research as described in this decision.

4. After an organization has been retained to conduct the pilot test and customer satisfaction survey, Commission staff shall convene a workshop to develop recommendations on the final scope, parameters and specifications of the pilot test and survey. The survey workshop shall consider what customer satisfaction survey information, if any, should not be publicly disclosed. The survey workshop shall also consider whether the customer satisfaction survey should be periodically repeated, and, if so, how frequently this should be done and the estimated cost of doing so. Commission staff shall present its recommendations in a resolution for the Commission's consideration.

5. The costs to conduct the customer satisfaction survey and pilot test shall be borne by carriers with $10 million or more in annual intrastate revenues, excluding carriers providing only services to wholesale or business customers, and shall be apportioned to those carriers based on their share of total intrastate revenues.

6. Commission staff shall periodically publish its Consumer Affairs Branch (CAB) contact data, including carrier identifying information, and post that data on the Commission's website. Published contact statistics shall be presented as "contacts per 100,000 wireline telephone lines or wireless accounts" so that contact statistics are comparable among carriers of all sizes.

7. Commission staff shall develop a template or sample of the CAB contact statistics to be published, including the format, disclosures and other information recommended for posting on the Commission's website. Commission staff shall also make recommendations as to the frequency with which CAB contact statistics should be published. Commission staff shall be reasonably confident that Consumer Information Management System data to be published is accurate, reliable and consistent. Commission staff shall present the proposed CAB contacts report and recommendations in a resolution for Commission consideration.

8. The Regulatory Complaint Resolution Forum shall provide open meetings where all carriers, community based organizations (CBOs) and others may address general issues; and staff has the ability to hold meetings where participation is limited to the involved carrier(s), appropriate CBOs or others to address specific issues. Only general minutes of open Regulatory Complaint Resolution Forum meetings shall be made publicly available.

9. Commission staff shall revise the Commission's on-line complaint forms to make them more accessible and consumer friendly.

10. Carriers that market in-language shall provide their limited English proficient customers with a notice in the non-English language(s) in which the carrier markets directing customers to the CalPhoneInfo website for information about ways to protect against fraud. Carriers may use any of the methods specified in Rule V of the In-Language Marketing Rules to provide this notice, and shall provide the notice upon initiation of service and annually thereafter.

11. A review of the In-Language Marketing Rules adopted by D.07-07-043 and this decision shall not take place until after the results of the consumer satisfaction survey ordered herein are published, at least one Telecommunications Education and Assistance in Multiple-languages Program annual report is published, and at least one-year of Consumer Information Management System data becomes available.

12. AT&T's request for confidential treatment of the material on pages four and five of the Pearsons Declaration is granted for a period of two years from the effective date of this decision. During that period, the information shall not be made accessible or disclosed to anyone other than the Commission staff except on the further order or ruling of the Commission, the assigned Commissioner, the assigned Administrative Law Judge. If AT&T believes that further protection of the information is needed, no later than one month before the expiration date of the grant of confidential treatment AT&T shall file a motion stating the justification for further withholding of the information from public inspection, or for such other relief as the Commission rules may then provide.

13. Rulemaking 07-01-021 is closed.

This order is effective today.

Dated October 2, 2008, at San Francisco, California.

APPENDIX A

Rules Applicable to In-Language Market Trials

A. Definitions

B. Limitations

C. Notice to Commission

D. Requirements

(END OF APPENDIX A)

D0810016 Appendices B and C

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