ORDER

IT IS ORDERED that:

1. The Interim Rules Governing the Inclusion of Non-Communications-Related Charges in Telephone Bills, adopted in Decision (D.) 01-07-030, are repealed.

2. G.O. 168, "Market Rules to Empower Telecommunications Customers and to Prevent Fraud," is hereby adopted and shall replace the version of that General Order previously adopted by D.04-05-057 and later suspended by D.05-01-058. Revised G.O. 168 shall become effective upon the issuance of this Order. A copy of the new General Order is attached to this decision as Appendix A.

3. Commission-regulated telecommunications carriers of all classes shall bring their operations into full compliance with General Order 168 and this order not later than 180 days after this ordered was mailed.

4. The principles contained in this Consumer Bill of Rights and Freedom of Choice shall serve the same purpose as a statement of legislative intent that will help guide governmental action to promote consumer protection and freedom of choice in a competitive telecommunications market.

5. The principles contained in this Consumer Bill of Rights and Freedom of Choice shall not be interpreted to create a private right of action, to form the predicate for a right of action under any other state or federal law, or to create liability that would not exist absent the foregoing principles.

6. The Commission's General Counsel and Chief ALJ are directed to prepare for Commission consideration a resolution recommending an appropriate process for resolving timing, format, scope, and burden concerns regarding Commission staff's access to information.

7. Within 180 days of the issuance of this decision, staff shall hold a workshop to determine appropriate reporting requirements pursuant to P.U. Code § 2889.9. Afterwards staff shall propose cramming-related reporting requirements that direct carriers to provide, among other items, the number and percentage of cramming complaints that take more than thirty days to resolve.

8. The Director of Customer Service and Information Division (CSID) shall work with telecommunications carriers to develop specific protocols and processes that ensure prompt attention to and timely conclusions of informal complaints. Our expectation is that these efforts will occur through a collaborative process, culminating in a voluntary agreement between CSID and the telecommunications carriers of how informal complaints will be handled expeditiously.

9. CSID shall work with our state's larger telecommunications carriers to establish company-specific senior management personnel contacts for each company, so that particularly troublesome complaints can receive prompt action from a senior-level carrier official with greater authority than the lower-level staff.

10. CSID shall explore the practicality and feasibility of developing the ability for real time, three-way conversations with Consumer Affairs Branch staff, the affected utility, and the consumer, with a goal of immediate resolution of the complaint in most cases. CSID shall report back to the Commission within 180 days of the effective date of this decision regarding steps it is taking to assess the feasibility of such a process.

11. The Director of CSID shall re-institute the Regulatory Complaint Resolution Forum, as described in the Renewal of the Regulatory Complaint Resolution Forum section of this decision. The Director shall report back to the Commission within 120 days of the effective date of this decision regarding the progress made in reestablishing the Forum.

12. The Director of CSID shall host a workshop to learn about other jurisdictions' best practices with respect to handling consumer complaints involving telecommunications carriers, as described in the Investigation of State Best Practices Part of this decision.

13. The Commission's Executive Director shall work with the Department of Personnel Administration to obtain bilingual CAB and CPSD personnel, as described in the Enhancement of Call Center Staffing and Resources Part of this decision.

14. The Directors of CSID and Telecommunications Division shall develop an action plan designed to facilitate our partnering with CBOs as described in the Greater Utilization of Community Based Organizations Part of this decision, and shall present their plan to the Commission within 180 days of the effective date of this decision. The Director of CSID shall also keep statistics on complaints resolved in partnership with CBOs, and shall report on any successes or shortcomings with respect to our interactions with CBOs.

15. The Chief Administrative Law Judge and Director of CSID shall review the formal complaint process and our public information efforts and report back to the Commission within 180 days, identifying any areas for improvement to make it more consumer friendly, as described in the Examination of Formal Complaint Procedures section of this decision.

16. Commission staff shall publicize how consumers can use our telephone hotline to report allegations that a telecommunications carrier or its dealer or agent is engaged in fraudulent practices, as described in the Expansion of our Toll-Free Hotline section of this decision. Such allegations shall receive priority attention by our staff.

17. CPSD shall work with the Legal Division to explore alternative enforcement mechanisms that permit us to intervene earlier in cases where we observe violations of the P.U. Code and/or Commission rules.

18. Commission staff shall engage in the practice of collaborative law enforcement as described in the Increased Cooperation with Local Law Enforcement Part of this decision. No enforcement action at the Commission shall be launched without staff first considering whether a matter would be best addressed by the AG, a DA, or other government agency. If a matter can be best addressed outside the Commission, the staff shall promptly refer the matter to outside law enforcement officials. We further direct Commission staff to begin participating in the regular conference call among state AG and public utilities commission personnel.

19. Commission staff shall explore and build upon areas of mutual interest with appropriate Federal Communications and Federal Trade Commission personnel, as described in the Further Collaboration with Federal Government Officials section of this decision. Commission staff shall explore the possibility of drafting a Memorandum of Understanding with the Federal Communications Commission on how we may jointly address matters that are regulated primarily at the federal level, but nonetheless generate complaints at our state Commission. We also direct staff to rejoin the SNAP" call, where state and FCC officials discuss general consumer issues.

20. The CPSD Director shall create a special Telecommunications Consumer Fraud Unit within CPSD, to be dedicated to investigating, documenting, and resolving allegations of telecommunications consumer fraud, as described in the Creation of a Special Telecommunications Fraud Unit Part of this decision.

21. The Director of CPSD, in consultation with the Chief ALJ and the General Counsel, shall investigate the feasibility and potential effectiveness of instituting a citation forfeiture program for violations of P. U. Code Section 2889.5 similar to the one the Commission has utilized in our regulation of transportation, as described in the Initiative to Streamline Enforcement Proceedings Part of this decision. The Commission's Executive Director shall direct the examination of our current investigative and enforcement process and provide the Commission with any other recommendations on how it may be streamlined and/or its effectiveness be increased.

22. If it is determined by the Director of CPSD, in consultation with the Chief ALJ and the General Counsel, that a citation forfeiture program would be feasible and would be an effective tool for enforcement of the Commission's slamming rules, it shall, after an opportunity for input and comment by stakeholders, bring such a proposal before the Commission for consideration.

23. Commission staff is directed to lead the effort to design, implement, maintain and monitor a telecommunications consumer education program in accordance with this decision in coordination with representatives of carriers and community based organizations.

24. Commission staff is directed to post on the Commission's website the consumer education material developed in the Commission-led consumer education program within 120 days of this decision.

25. Commission staff is directed to prepare a report on the special problems faced by consumers with limited English proficiency following the guidelines described in the Further Review of In-Language Issues Part of this decision. Staff's report shall be presented to the Commission not later than 180 days from the effective date of this decision.

26. The Director of CSID shall investigate the possibility of creating a Small Business Ombudsman at the Commission, as described in the Educational Content Part of this decision.

27. The Director of CSID shall ensure that the Division reaches out to CBOs that provide services to disabled consumers when it addresses accessibility of our website and other educational materials, as described in the Dissemination of Educational Materials Part of this decision.

28. Commission staff shall develop a collaborative forum to contemplate various monitoring and evaluation options and shall create an education monitoring and evaluation program based on its review of different features described in the Monitoring and Evaluation Part of this decision.

29. Commission staff shall provide the Commissioners with an annual education monitoring and evaluation report covering each calendar year no later than June 1st the following year, as described in the Monitoring and Evaluation Part of this decision.

30. Pending an augmentation of the Commission's budget, the Director of CSID shall develop and implement an interim consumer education campaign using existing Commission staff and resources within 120 days of effective date of this decision, as described in the Monitoring and Evaluation Part of this decision.

31. In order to support current and future efforts, Commission staff shall schedule workshops with carriers and CBOs to discuss resources available to support the Commission's education efforts.

32. We direct Commission staff to analyze and create a report on in-language practices and any special disadvantages faced by telecommunications customers with limited English proficiency. Staff shall hold at least two workshops at two different phases of the study. This first workshop, with an agenda as discussed herein, will occur after staff circulates a study plan that identifies past Commission efforts, state and federal agencies to be surveyed, and other information sources encompassed within the study. The second workshop shall occur after staff releases a draft report to allow participants an opportunity to discuss and comment upon the report before a final version is issued.

33. The various motions, applications for rehearing, and petitions for modification described in the Other Procedural Matters Part of this order are granted and denied as set forth herein.

34. Rulemaking 00-02-004 is closed.

This order is effective today.

Dated ______________, at San Francisco, California.