COM/CXW/tcg REVISED DRAFT Agenda ID #2513
Quasi-legislative
5/6/04 Item 47
Decision REVISED DRAFT DECISION OF COMMISSIONER WOOD
(Mailed 3/2/2004)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
|
Order Instituting Rulemaking on the Commission's Own Motion to Establish Consumer Rights and Consumer Protection Rules Applicable to All Telecommunications Utilities. |
Rulemaking 00-02-004 (Filed February 3, 2000) |
INTERIM DECISION ISSUING GENERAL ORDER ___,
RULES GOVERNING TELECOMMUNICATIONS CONSUMER PROTECTION
Title Page
INTERIM DECISION ISSUING GENERAL ORDER ___, RULES GOVERNING TELECOMMUNICATIONS CONSUMER PROTECTION 1
Table of Contents i
Summary 2
Background 3
Part 1: Bill of Rights 7
Part 2: Consumer Protection Rules 16
Relationship to Existing Rules and Tariffs 17
Tariffs 17
CLC Rules 18
Detariffed IEC Rules 19
CMRS Rules, and the CMRS Proceeding 19
General Orders 21
State and Federal Statutes, and FCC Orders 22
Applicability 23
The New Consumer Protection Rules 26
Rule 1: Carrier Disclosure 27
Rule 2: Marketing Practices 38
Rule 3 (and Former Rule 4): Service Initiation 43
Rule 4: Prepaid Calling Cards and Services 54
Rule 5: Deposits to Establish or Re-establish Service 58
Rule 6: Billing 62
Rule 7: Late-Payment Penalties, Backbilling, and Prorating 69
Rule 8: Tariff Changes, Contract Changes, Notices and Transfers 75
Rule 9 (and Former Rule 10): Service Termination 81
Rule 11: Billing Disputes 87
Former Rule 12 90
Rule 13: Consumer Affairs Branch Requests for Information 90
Rule 14: Employee Identification 92
Rule 15: Emergency 911 Service 93
Part 3: Rules Governing Privacy 95
Purpose and Scope 95
Privacy Protection Under California Law 97
Federal Preemption 101
First Amendment 104
Commercial Speech Protection under Central Hudson 106
Conclusion 108
Compliance Timeframe 109
Part 4: Rules Governing Billing for Non-Communications-Related Charges 109
Part 5: Rules Governing Slamming Complaints 111
Background 111
The FCC Slamming Rules 114
The CPUC Slamming Rules 116
The Parties' Comments 117
Detariffing 121
Limitation of Liability 126
Education and Enforcement 129
Education 129
Enforcement 133
Scoping Memo 139
Pending Motions 140
Comments on Draft Decision 157
Assignment of Proceeding 161
Findings of Fact 161
Conclusions of Law 165
INTERIM ORDER 170
Appendix A - General Order
INTERIM DECISION ISSUING GENERAL ORDER ___,
RULES GOVERNING TELECOMMUNICATIONS CONSUMER PROTECTION
Summary
By this decision the Commission adopts General Order No. ___ (G.O. ___), Rules Governing Telecommunications Consumer Protection, applicable to all Commission-regulated telecommunications utilities. G.O. ___ sets forth: in Part 1, a telecommunications consumers' Bill of Rights, the fundamental consumer rights that all communications service providers must respect; in Part 2, a set of Consumer Protection Rules all carriers must follow to protect those rights; in Part 3, Rules Governing Privacy; in Part 4, Rules Governing Billing for Non-communications-Related Charges, in response to recent state legislation; and in Part 5, Rules Governing Slamming Complaints, to implement federal rule changes enacted in 2000 by the Federal Communications Commission. Where the new rules supersede current rules, the order so notes. Carriers are required to revise their tariffs where they conflict with the new rules, provided, however, that those revisions may not reduce current consumer protections. The Commission does not at this time implement the rulemaking order's proposal to have the Consumer Protection Rules replace tariffs for competitive telecommunications services.
This proceeding remains open to consider whether the Commission should implement a telecommunications consumer education program, and if so, how it should be structured; whether to curtail the Commission-sanctioned limitation of liability; and whether additional rules requiring that communications directed at consumers and subscribers be in languages other than English are needed.
