6. Comments on Draft Decision
The draft decision of the ALJ in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were received on ___________________.
1. Complainant subscribes to a Pacific foreign exchange service that permits him to have a telephone number and dial tone exchange associated with the Crystal Bay (Nevada Bell) exchange.
2. The current rate for complainant's foreign exchange service is $34.15 per month, comprised of Pacific's access line flat rate of $10.69 and a foreign exchange increment of $23.46, plus a foreign exchange mileage rate of 47 cents per quarter mile.
3. The foreign exchange rate is set forth in tariff schedule Cal. P.U.C. No. A.5.1.5.F.3.b for Crystal Bay Foreign Exchange residence rates.
4. Pacific in error billed complainant only $10.65 for his foreign exchange service until early last year.
5. The Complaint is not signed by 25 actual or prospective customers as required by Pub. Util. Code § 1702.
6. The relief sought by complainant would require Pacific to bill at a rate less than that set forth in its tariff, an action prohibited by Pub. Util. Code § 532.
7. An alleged oral agreement between complainant and Pacific is unenforceable under Pub. Util. Code § 532 and Civ. Code § 1624.
Pacific's motion to dismiss the complaint pursuant to Pub. Util. Code §§ 1702 and 532 should be granted.
IT IS ORDERED that:
1. The motion of Pacific Bell Telephone Company to dismiss the complaint is granted.
2. Administrative Law Judge Walker is the presiding officer, and no hearing is necessary.
3. Case 00-12-037 is closed.
This order is effective today.
Dated , at San Francisco, California.
