2. Background
This Order Instituting Rulemaking (OIR) was initiated as part of the Commission's efforts to improve services to California telecommunications consumers who do not read or speak English fluently, and to promote consumer protection for Limited English Proficient (LEP) telecommunications customers.
Prior to the initiation of this proceeding, Rulemaking (R.) 00-02-004 examined the protections available to California telecommunications consumers, resulting in D.06-03-013, the Commission's Consumer Protection Initiative. D.06-03-013 raised questions as to whether LEP consumers faced particular disadvantages in the telecommunications market, and directed the Commission staff to analyze and report on special problems faced by LEP consumers.
The Commission staff effort produced the report entitled, "Challenges Facing Consumers with Limited English Skills in the Rapidly Changing Telecommunications Marketplace," issued October 5, 2006 (Staff Report). After comments were taken on the Staff Report, Commission staff prepared a proposal (Proposal) containing options for the Commission to consider in a formal rulemaking.
The Commission then opened R.07-01-021 to consider ways to improve services to LEP telecommunications consumers. This OIR sought to assess telecommunications carriers' current non-English language ("in-language") efforts and capabilities, the availability of and need for improved in-language disclosures, and access to in-language customer service. The OIR considered carriers' accountability for the actions of third parties that sell their products and services.
The OIR also examined prepaid phone card terms of use disclosures and access to prepaid phone card customer service. The OIR set out criteria for evaluating the Proposal's in-language recommendations, and sought comment on the appropriateness of the evaluation criteria, whether the recommendations in the Proposal satisfied those criteria, and if other criteria were appropriate.
The Phase 1 Decision adopted the In-Language Marketing Rules and directed Commission staff to design a program that integrates community-based organizations (CBOs) in the Commission's outreach, education and complaint resolution processes for LEP customers.1
The Phase 1 Decision concluded that carriers should inform their LEP customers upon initiation of service and annually thereafter about ways to protect against fraud, and directed the assigned Commissioner to seek comments on the content, format and timing of fraud notification to LEP consumers and reports to the Commission on problems with fraud and carrier actions taken to combat it.
The Phase 1 Decision deferred to Phase 2 consideration of issues concerning tracking of LEP complaints and customer language preference. Finally, the Phase 1 Decision directed the assigned Commissioner to seek comments on whether in-language market trials should be permitted, and if so, what rules, if any, should apply to in-language market trials. These issues were resolved in D.08-10-016 (the Phase 2 Decision).
Greenlining, CFC, LIF, and The Utility Reform Network (TURN) (also collectively referred to here as "Consumer Group Intervenors") actively participated in Phase 1 and Phase 2 of the OIR. Greenlining, CFC, and LIF filed requests for awards of intervenor compensation at the conclusion of Phase 1.2 TURN states that it will file its request for compensation upon the conclusion of the proceeding.3 Today's decision addresses only the requests of Greenlining, CFC, and LIF for their participation in Phase 1 of the proceeding.
1 D.07-07-043 defines "in-language" as "any non-English language in which a company markets its products or services." (D.07-07-043, p. 63.)
2 CFC has also filed a request for an award of intervenor compensation for its participation in Phase 2 of the proceeding. That request is pending and will be addressed in a separate decision.
3 November 14, 2007 Supplemental Notice of Intent to Claim Compensation of The Utility Reform Network, Footnote 1, p. 1.
