STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
March 2, 2004 Agenda ID #2513
TO: PARTIES OF RECORD IN RULEMAKING 00-02-004
RE: NOTICE OF AVAILABILITY: INTERIM DECISION ISSUING GENERAL ORDER ____, RULES GOVERNING TELECOMMUNICATIONS CONSUMER PROTECTION IN RULEMAKING 00-02-004
Consistent with Rule 2.3(c) of the Commission's Rules of Practice and Procedure, I am issuing this Notice of Availability of the above-referenced revised draft decision. The draft decision was mailed for public review and comment on July 24, 2003, and has now been revised to reflect comments received. It is on the Commission's agenda at the regular meeting of April 1, 2004. The Commission may act then, or it may postpone action until later. An Internet link to this document was sent via e-mail to all the parties on the service list who provided an e-mail address to the Commission. An electronic copy of this document can be viewed and downloaded at the Commission's Website ( www.cpuc.ca.gov). A hard copy of this document can be obtained by contacting the Commission's Central Files Office [(415) 703-2045].
When the Commission acts on the draft decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.
Parties to the proceeding may file comments on the draft decision as provided in Article 19 of the Commission's Rules of Practice and Procedure. These rules are accessible on the Commission's website at http://www.cpuc.ca.gov. Pursuant to Rule 77.7(b), comments and replies to comments are governed by Rules 77.2 through 77.5, with exceptions as set forth below.
Comments are particularly invited on the draft decision's treatment of the economic effects of the proposed new general order. In this case, the Assigned Commissioner has determined that different limits should apply to comments on the economic effects and comments addressing other changes.
Opening comments regarding changes other than the economic effects may not exceed 25 pages, must be limited to addressing changes since the draft was first distributed, and should not repeat comments made earlier. Replies to those comments may not exceed 5 pages.
Opening comments regarding the draft's treatment of the economic effects may not exceed 25 pages plus any additional appendices or studies the parties may wish to attach for reference, and shall be bound separately from other comments. Replies to comments on the economic effects are limited to 15 pages and shall likewise be bound separately from replies regarding other changes. Pursuant to Rule 87, the limitation on the focus and scope of comments contained in the second paragraph of Rule 77.3 is suspended for comments and replies regarding economic effects. Because this is a quasi-legislative proceeding, new information will not be evaluated as to its factual accuracy but may be considered by the Commission, in its discretion, as it makes policy determinations.
All opening comments are due not later than March 16, 2004 and replies to comments are due not later than March 30, 2004.
Comments and replies to comments must be served separately on the Assigned Commissioner and assigned Administrative Law Judge (ALJ), and for that purpose I suggest hand delivery, overnight mail, or other expeditious method of service. In addition, parties should send an electronic copy of their comments and replies to the assigned Administrative Law Judge by e-mail to: jcm@cpuc.ca.gov.
/s/ ANGELA K. MINKIN
Angela K. Minkin, Chief
Administrative Law Judge
ANG:tcg
Attachment
COM/CXW/tcg REVISED DRAFT Agenda ID #2513
Quasi-legislative
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.
