Conclusions of Law
1. Through AB 726, the Telecommunications Customer Service Act of 1993, the Legislature directed the Commission to ensure that carriers of all categories abide by certain basic standards of disclosure and customer service, and acknowledged the need for some of the consumer protection measures we implement in this proceeding.
2. The California Constitution, Article I, Section 1, recognizes privacy as an inalienable right of all people. It applies to actions by businesses as well as by government. The privacy provisions of G.O. ___ are consistent with Californians' constitutional right to privacy.
3. The Consumer Protection and Consumer Information Rules for CLCs set forth in D.95-07-054, Appendix B, should be superseded by G.O. ___.
4. The Consumer Protection Rules for Detariffed Services set forth for non-tariffed NDIECs in D.98-08-031, Appendix A, should be superseded by G.O. ___.
5. Any previously filed CMRS consumer protection tariff rules should be superseded and canceled, consistent with the intent stated in D.96-12-071.
6. Commission-regulated carriers of all classes, their agents, and other entities providing telecommunications-related products or services which the Public Utilities Code makes subject to the Commission's rules should be required to respect the consumer rights and comply with the new rules in G.O. ___, Part 2.
7. G.O. ___, Part 2, should be applied to protect both individuals and small businesses.
8. Section 532 prohibits utilities from charging rates that differ from those in their tariffs, but permits the Commission to establish such exceptions as it considers just and reasonable.
9. The Commission should establish an exception as permitted by Section 532, in cases where carriers have misrepresented their rates, terms or conditions for competitive services.
10. By AB 994, the Legislature cited this rulemaking proceeding as a proper vehicle for the Commission to implement billing safeguards covering non-communications-related charges in telephone bills. After considering the comments and reply comments of the parties, the Commission by D.01-07-030 adopted the Rules Governing Billing for Non-Communications-Related Charges included as Part 3 of G.O. ___.
11. Through its orders in CC Docket No. 94-129, the FCC has given each state the option to act as the adjudicator of slamming complaints, both interstate and intrastate. California has opted to do so.
12. The FCC has given states which elect to handle slamming complaints great latitude in fashioning their own procedures, so long as those procedures are not inconsistent with Section 258 of the Communications Act of 1934 as amended by the Telecommunications Act of 1996.
13. The Rules Governing Slamming Complaints included as Part 4 of G.O. ___ conform to the FCC's requirements of states which opt to act as adjudicators of slamming complaints, and with the Federal Telecommunications Act.
14. Requiring an allegedly unauthorized carrier to promptly reimburse subscribers 50% of any charges already paid when a slamming allegation involving intraLATA, interLATA or interstate toll service is made does not deny an allegedly unauthorized carrier due process of law.
15. Except as set forth in the ordering paragraphs below, this interim order and G.O. ___ do not relieve any carrier from compliance with any existing Commission decision, rule or general order, any state or federal statute, or any other requirement under the law.
16. The rights and rules in G.O. ___ are just and reasonable.
17. The Commission should adopt G.O. ___, Rules Governing Telecommunications Consumer Protection, Appendix B to this interim order.
18. The Commission-sanctioned limitation of liability for competitive telecommunications services should be eliminated.
19. Nothing in the law requires the Commission to affirmatively state a limitation of liability for CMRS providers.
20. The Commission should not state as an exception to its general policy a separate Commission-sanctioned limitation of liability for CMRS providers. Any such limitation of liability, if it exists, would arise by operation of federal law.
21. Parties and respondents in this proceeding have implicitly waived their right to evidentiary hearing on any topic except the proposal to curtail the Commission-sanctioned limitation of liability.
22. Evidentiary hearings on the proposal to curtail the Commission-sanctioned limitation of liability would serve no purpose.
23. No evidentiary hearings are needed.
24. Under Section 2896, the Commission may require carriers to inform and educate customers of their rights, these rules, and the procedures available to them for redress.
25. The Commission is not and should not be the only avenue available to enforce consumers' rights and these rules.
26. The Commission's adoption of G.O. ___ and its associated rights and rules should not preclude any civil action that may be available by law. The Commission intends to continue its policy of cooperating with law enforcement authorities to assist them in their efforts to enforce consumer protection laws against Commission regulated utilities.
27. This proceeding should remain open to consider whether the Commission should implement a telecommunications consumer education program, and if so, how it should be structured.
28. This interim order should be made effective today to afford consumers greater protection as soon as possible.
IT IS ORDERED that:
1. General Order ___ (G.O. ___), Rules Governing Telecommunications Consumer Protection, Appendix B to this interim order is adopted and shall become effective as of the effective date of this interim order.
2. Commission-regulated telecommunications carriers of all classes shall bring their operations into full conformance with G.O. ___ and this interim order not later than January 1, 2003.
3. The Consumer Protection and Consumer Information Rules for CLCs set forth in D.95-07-054, Appendix B, are superseded by G.O. ___. Each affected carrier is relieved of its obligation to comply with those D.95-07-054, Appendix B, rules as of the date that carrier achieves full compliance with G.O. ___ as directed in Ordering Paragraph 2 of this interim order.
4. The Consumer Protection Rules for Detariffed Services set forth for non-tariffed non-dominant interexchange carriers in D.98-08-031, Appendix A, are superseded by G.O. ___. Each affected carrier is relieved of its obligation to comply with those D.98-08-031, Appendix A, rules as of the date that carrier achieves full compliance with G.O. ___ as directed in Ordering Paragraph 2 of this interim order.
5. Any previously filed commercial mobile radio service consumer protection tariff rules are superseded and shall be canceled.
6. The Commission-sanctioned limitation of liability is eliminated for competitive telecommunications services provided on and after January 1, 2003.
7. All Commission-regulated telecommunications carriers having California intrastate tariffs in effect shall evaluate those tariffs for compliance with the requirements of new G.O. ___ and conformance with the ordering paragraphs of this interim order. Every carrier having tariff provision(s) inconsistent with G.O. ___, or required to be revised or canceled to conform to the ordering paragraphs of this interim order, shall file not later than November 1, 2002 and make effective on 60 days notice an advice letter in accordance with G.O. 96 Series making only such revisions or cancellations as are necessary to bring its tariffs into compliance with G.O. ___ and this interim order; provided, however, that no carrier shall make any tariff revision reducing the level of any current consumer protection.
8. Every carrier having tariffs on file and not required to submit an advice letter to revise those tariffs under Ordering Paragraph 7 shall not later than November 1, 2002 serve an information-only compliance letter to the Commission's Telecommunications Division notifying the Commission that it has evaluated its tariffs as ordered herein and found none needing revision. Each such information-only compliance letter shall be verified following the procedure set forth in the Commission's Rules of Practice and Procedure, Rule 2.4, Verification.
9. Every carrier required under G.O. ___, Part 2, Rule 1(a) or 1(b) to have a World Wide Web site on the Internet shall include on that site one or more active links to the G.O. ___ rights and rules on the Commission's web site, and when it is available, to the Commission's summary of those rights and rules. Each such link shall be associated with a clear and conspicuous explanatory caption.
10. The provisions of G.O. ___ are severable. If any provision of the General Order or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
11. Rulemaking 00-02-004 shall remain open to consider whether the Commission should implement a telecommunications consumer education program, and if so, how it should be structured.
This interim order is effective today.
Dated , at San Francisco, California.
