Preliminary Scoping Memo

This rulemaking will be conducted in accordance with Article 2.5 of the Commission's Rules of Practice and Procedure. As required by Rule 6(c)(2), this order includes a preliminary scoping memo as set forth below.

The issues to be considered in this proceeding are:

What should be the acceptable error rate for automatic dialers that are the subject of AB 870?

What rules should be adopted regarding the establishment, retention and access to business records for calls covered by AB 870?

Pursuant to Rule 6(c)(2), we preliminarily determine the category of this rulemaking proceeding to be quasi-legislative as the term is defined in Rule 5(d).

We intend to receive all input on these subjects by the use of filed and served comments. We do not intend to hold hearings. Any party that believes a hearing is required to receive testimony regarding adjudicative facts must make an explicit request to that effect in their opening comments, and must (1) identify what it believes to be the material disputed facts, (2) explain why a hearing must be held, and (3) describe the general nature of the evidence that party proposes to introduce at a hearing. Any right a party may otherwise have to such a hearing will be waived if it does not follow these procedures.

The timetable for this proceeding requires that all input, consideration by the Commission and final Commission action be completed prior to July 1, 2002. For purposes of addressing the scoping memo requirements, we establish the following schedule:

February 21, 2002	Order Instituting Rulemaking Issued
March 5, 2002	Notice re: service list due to Process Office
March 8, 2002	ALJ ruling establishes initial, official service list
March 14, 2002	Opening Comments
March 25, 2002	Reply Comments
No later than April 15, 2002	Assigned Commissioner's Scoping Ruling
May 6, 2002	Proposed Decision
May 27, 2002	Comments on Proposed Decision
June 3, 2002	Reply Comments
June 6, 2002	Decision on Commission Agenda

The assigned Commissioner in a scoping memo and subsequent rulings, and the assigned Administrative Law Judge (ALJ) by ruling with the assigned Commissioner's concurrence, may adjust the timetable as necessary during the course of the proceeding. In no event do we anticipate this proceeding to require longer than 18 months to complete and we recognize that some elements have a required completion date that is earlier than others.

Interested parties may file comments that respond to the questions set forth in this order, and shall follow the requirements of Rule 14.5, Form of Proposals, Comments and Exceptions. Pursuant to Rule 6(c)(2), parties shall include in their opening comments any objections they may have regarding (1) the categorization of this proceeding as quasi-legislative, (2) the determination not to hold hearings, and (3) this preliminary scoping memo.

Following the receipt of opening comments, the assigned Commissioner will issue a ruling that determines the category, need for hearing, scope and schedule of this rulemaking (Rules 6(c)(2) and 6.3). The ruling, only as to category, may be appealed under the procedures in Rule 6.4.