3. Disputed Material Facts

Despite the volume of testimony, few disputed issues of material fact exist in this record. This is not surprising as Pacific Bell's marketing and customer service efforts are large-scale public activities that are readily observable and thus difficult to call into dispute. Instead, the focus of the proceeding is the legal effect of Pacific Bell's largely undisputed actions. The parties' jointly filed statement of undisputed facts covers many, but not all, of the circumstances in this proceeding. Consequently, much of the prepared written testimony consists of legal and policy argument.

Rather than reciting a detailed summary of the evidence presented by each party, the following sections of this decision rely as much as possible on the agreed-upon statement of undisputed facts as well as facts which are not contested in the record. Thus, where factual assertions are made without attribution, these facts are considered undisputed. Where conflicting assertions are made, they are attributed to the sponsoring parties.