3. Procedural Background

By ruling on August 6, 2002, the Assigned Commissioner provisionally confirmed the preliminary scoping memo set out in the ordering paragraphs of the OII. Subsequently, in the first interim opinion in this proceeding, Decision (D.) 02-10-061 (which granted Cingular's petition for modification of the OII but denied its motion to dismiss), the Commission modified the preliminary scoping memo in certain minor respects. D.02-12-048, the second interim opinion, granted Cingular's motion for an extension of the 12-month timeline for resolving adjudicatory proceedings and, under the authority of § 1701.2(d), extended the resolution deadline to October 17, 2003.

The administrative law judge (ALJ) held nine days of evidentiary hearings from April 1 through 11, 2003. Cingular, CPSD and intervenor UCAN each filed opening and reply briefs. Consistent with the scoping memo and its revisions, this proceeding was submitted on June 27. By ruling on July 10, the ALJ set aside submission to cure a defect in the record and thereafter, on July 11, 2003 resubmitted this proceeding. The ALJ's presiding officer's opinion (POD) mailed within the 60-day period thereafter, as § 1701.2(a) requires.

On October 9, CPSD, UCAN and Cingular each filed an appeal of the POD. On October 16, the Commission issued D.03-10-044, which extended the deadline for resolving this proceeding beyond October 17 to permit consideration of the appeals and to enable the Commission to hold oral argument. On October 24, each party filed a response to the appeals filed by the others. The Commission held oral argument on December 8.

In addition, after the POD mailed but prior to oral argument, the Commission received four motions for leave to file an amicus curiae brief. By rulings on October 31 and December 30, the ALJ granted the motions. The amici curiae are: (1) the Cellular Carriers Association of California and Alpine PCS, Inc. (jointly, the CCAC); (2) the California Telephone Association, Pacific Bell Telephone Company (SBC California), Southern California Edison Company, Southern California Gas Company and San Diego Gas & Electric Company (collectively, the Joint Utilities); (3) The Wireless Consumers Alliance (WCA); and (4) jointly, the Utility Reform Network (TURN) and Consumers Union (CU). On January 5, 2004 Cingular filed a response to the WCA and TURN/CU briefs and CPSD filed a response to the TURN/CU brief.