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STATE OF CALIFORNIA Arnold Schwarzenegger, Governor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
May 13, 2004 Agenda ID# 3570 Alternate to Agenda ID# 2513
Quasi-legislative
TO: PARTIES OF RECORD IN RULEMAKING 00-02-004.
RE: NOTICE OF AVAILABILITY OF PROPOSED DECISION CONSUMER
RIGHTS AND CONSUMER PROTECTION RULES APPLICABLE TO ALL TELECOMMUNICATIONS UTILITIES.
Consistent with Rule 2.3(b) of the Commission's Rules of Practice and Procedure, I am issuing this Notice of Availability of the above-referenced proposed decision. The proposed alternate decision was issued by Commissioner Geoffrey F. Brown on May 13, 2004. 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].
This is a proposed alternate decision to Administrative Law Judge (ALJ) McVicar previously served to you. It will be on the Commission's agenda on May 27, 2004, along with the proposed decision of ALJ McVicar. The Commission may act then, or it may postpone action until later.
Among other changes, this alternate does the following:
1) The alternate decision deletes the privacy rule for further review.
2) The limitation on private right of action is clarified with respect to specific case law.
3) Definition of clear and conspicuous is made concise.
4) Definition of solicitation is limited to "an offer".
5) Advertising language and related requirements are removed from Marketing Rule 2.
6) Rule 3(d) now requires providing a contract to customers during an in person transaction.
7) Rule 3(f) requires a 30-day; terminate without penalty trial period for new services.
8) Rule 5 now requires interest on deposits based on the commercial paper rate.
9) Rule 6(g) now separates fees remitted to government from all other carrier discretionary charges.
10) Rule 8(a) and (b) now requires clear and conspicuous disclosure that service terms have changed, and for term-contracts, 8(b) now requires a 30-day customer opt-out period and does not prejudge the validity of any carrier contract change.
11) Rule 11(c) now provides that no late charges apply to amounts in dispute, deposited with the Commission.
12) Carriers have 180 days to implement the majority of rules, and about 14 months to implement specified rules that would result in changes to carrier billing systems.
When the Commission acts on the draft or alternate decision, it may adopt all or part of it as written, amend or modify it, or set aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.
As set forth in Rule 77.6, parties to the proceeding may file comments on the enclosed alternate order no later than May 20, 2004. Reply comments will not be accepted. An original and four copies of the comments with a certificate of service shall be filed with the Commission's Docket Office and copies shall be served on all parties on the same day of filing. Anyone filing comments shall electronically serve their comments on Commissioner Geoffrey F. Brown's telecommunications advisor, Robert Wullenjohn, at rw1@cpuc.ca.gov. For those who have not provided electronic addresses, printed copies of the comments shall be served by first class mail or another expeditious mode of delivery.
/s/ ANGELA K. MINKIN
Angela K. Minkin, Chief
Administrative Law Judge
AKM:vfw
Attachment
COM/GFB/RW1/vfw Alternate Draft Agenda ID# 3570
Alternate to Agenda ID #2513
Quasi-legislative
Decision ALTERNATE PROPOSED DECISION OF COMMISSIONER BROWN
(Mailed 5/13/2004)
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 2
Summary 2
Background 3
Part 1: Bill of Rights 7
Part 2: Consumer Protection Rules 16
Relationship to Existing Rules and Tariffs 16
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
To Carriers 23
To Consumers 24
Other 26
The New Consumer Protection Rules 27
Rule 1: Carrier Disclosure 27
Rule 2: Marketing Practices 38
Rule 3 (and Former Rule 4): Service Initiation and Changes 42
Rule 4: Prepaid Calling Cards and Services 52
Rule 5: Deposits to Establish or Re-establish Service 57
Rule 6: Billing 60
Rule 7: Late-Payment Penalties, Backbilling, and Prorating 68
Rule 8: Tariff Changes, Contract Changes, Notices and Transfers 73
Rule 9 (and Former Rule 10): Service Termination 80
Rule 11: Billing Disputes 85
Rule 12 89
Rule 13: Consumer Affairs Branch Requests for Information 89
Rule 14: Employee Identification 90
Rule 15: Emergency 911 Service 92
Part 3: Reserved 94
Part 4: Rules Governing Billing for Non-Communications-Related Charges 94
Part 5: Rules Governing Slamming Complaints 96
Detariffing 106
Limitation of Liability 111
Education and Enforcement 114
Scoping Memo 125
Pending Motions 126
Comments on Draft Decision 143
Assignment of Proceeding 147
Findings of Fact 147
Conclusions of Law 151
INTERIM ORDER 155
Appendix A - General Order
INTERIM DECISION ISSUING GENERAL ORDER ___,
RULES GOVERNING TELECOMMUNICATIONS CONSUMER PROTECTION
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; Part 3, is a reserved section; 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 implementing these rules 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 establish a privacy rule in addition to existing P.U. Code Section 2891, 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.