LYN/DOT/sid 12/17/2002

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

CALIFORNIA ISP ASSOCIATION, INC., Complainant, vs. PACIFIC BELL TELEPHONE COMPANY (U-1001-C); SBC ADVANCED SOLUTIONS, INC. (U-6346-C) and DOES 1-20, Defendants.

Case 01-07-027 (Filed July 26, 2001)

ASSSIGNED COMMISSIONER'S AND ADMINISTRATIVE LAW JUDGE'S RULING GRANTING INTERVENTION REQUESTS AND

DENYING MOTION TO WITHDRAW COMPLAINT

I. Background

On July 26, 2001, the California Internet Service Provider Association (CISPA) filed this complaint alleging unlawful discrimination by the defendants, Pacific Bell Telephone Company (Pacific) and SBC Advanced Solutions Inc. (ASI) (jointly Pacific/ASI), in the provision of Digital Subscriber Line (DSL) Transport services. CISPA alleges anticompetitive marketing and sales practices, preferential treatment in providing DSL to ISP's affiliated with Pacific and ASI, improper use of non-public customer information, and service quality concerns such as service interruptions and disconnections.

On October 22, 2001, Pacific/ASI filed a motion to dismiss the complaint, which was denied by the Assigned Commissioner and Administrative Law Judge by ruling dated March 28, 2002. A Scoping Memo for the case was issued on May 10, 2002, and complainant's testimony was served on June 14, 2002.

On August 12, 2002, CISPA and Pacific/ASI jointly filed a motion to withdraw the complaint and dismiss the proceeding because they had reached a settlement resolving their disputes. The settlement between CISPA and Pacific/ASI was attached to the motion to withdraw along with a motion to file the settlement under seal. On August 29, 2002, CISPA and Pacific/ASI jointly requested to withdraw the motion to file their settlement under seal because they had now made the settlement publicly available.