Initial Service List

The ALJ will establish the initial official service list for this proceeding by ruling on or before March 8, 2002. We recognize that not everyone who receives a copy of this OIR will be interested in participating in this proceeding, or perhaps even monitoring it, and we wish to take steps to limit the burden imposed by service on an unnecessarily long service list.

We shall assign party and non-party status in accordance with our usual conventions which recognize three categories of interested persons: Appearance (full party status, with all attendant rights and obligations, including service on all other parties and the state service category); State Service (non-party state employees who serve as recipients of service for their state agencies or for state officials); and Information Only (non-parties who do not receive full service but do receive all Commission-generated documents, such as rulings, proposed decisions and final decisions).

So that the ALJ may oversee establishment of the initial, official service list on a timely basis, anyone who seeks "Appearance," "State Service" or "Information Only" status in this proceeding shall provide the Commission's Process Office with the following information by FAX (415/703-2823) or e-mail (ALJ Process@cpuc.ca.gov), no later than the close of business on March 5, 2002:

The initial, official service list will be posted on the Commission's website at www.cpuc.ca.gov and will be updated periodically. Parties should check the website before making subsequent filings.

ORDER

IT IS ORDERED that:

1. A rulemaking is instituted on the Commission's own motion for the purpose of implementing AB 870 (Ch. 696, Stats. 2001) by establishing an acceptable error rate for telephone connections made in violation of Public Utilities Code Section 2875.5 (a) and determining what requirements should exist for the establishment, retention and access to business records of calls made by devices regulated by this legislation.

2. This rulemaking is preliminarily determined to be a quasi-legislative proceeding as that term is defined in the Commission's Rules of Practice and Procedure, Rule 5(d).

3. This proceeding is preliminarily determined not to need a formal hearing.

4. The expected timetable for this proceeding is as set forth in the body of this order. 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, provided that in no event shall this proceeding require longer than 18 months to complete.

5. The issues to be considered are those set forth in the body of this order.

6. Interested parties are invited to file comments responding to the questions in the body of this order. Comments shall conform to the requirements of the Rules of Practice and Procedure, Article 3.5 (Rulemaking), and shall be filed and served not later than March 14, 2002. Replies to comments shall be filed and served not later than March 25, 2002.

7. The assigned ALJ shall establish the initial, official service list for this proceeding by ruling on or before March 8, 2002. By close of business on March 5, 2002 any person or entity that seeks:

a. "Appearance," "State service" or "Information only" status in this proceeding shall contact the Commission's Process Office by FAX (415/703-2823) or e-mail (ALJ Process@cpuc.ca.gov) and submit the information required for the service list (Docket Number of this proceeding, name & organization represented, if any; address; telephone number; e-mail address, if available).

8. 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.

Any party that believes a hearing is required to receive testimony regarding adjudicative facts must make an explicit request to that effect in its 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.

9. The Executive Director shall cause this order to be served on:

· All local exchange carriers and all competitive local exchange carriers holding certificates of public convenience and necessity in California.

· All those currently on the service list in the Telecommunications Bill of Rights Proceeding, Rulemaking 00-02-004

This order is effective today.

Dated February 21, 2002, at San Francisco, California.

APPENDIX A

Assembly Bill No. 870

CHAPTER 696

An act to add Section 2875.5 to the Public Utilities Code, relating to public utilities.

[Approved by Governor October 10, 2001. Filed
with Secretary of State October 10, 2001.]

LEGISLATIVE COUNSEL'S DIGEST

AB 870, Wesson. Public utilities: automatic calling equipment.

(1) Existing law authorizes the Public Utilities Commission to control and regulate the use of automatic dialing-announcing devices and specifies the hours during which the devices may not be operated.

This bill would prohibit, on and after July 1, 2002, any person operating specified automatic calling equipment from making a telephone connection for which no person, acting as an agent or telemarketer, is available for the person called, as prescribed. The bill would require the commission to establish, before July 1, 2002, an acceptable error rate for telephone connections made in violation of that prohibition. Because a violation of a requirement of the commission is a crime, this bill, by requiring the commission to establish the error rate, would change the definition of a crime, thereby imposing a state-mandated local program. The bill would authorize the commission to require any person operating that specified equipment to maintain prescribed records for submission to the commission.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. Section 2875.5 is added to the Public Utilities Code, to read:

2875.5. (a) On and after July 1, 2002, no person operating any automatic equipment that incorporates a storage capability of telephone numbers to be called or a random or sequential number generator capable of producing numbers to be called may make a telephone connection for which no person, acting as an agent or telemarketer, is available for the person called.

(b) Notwithstanding subdivision (a), the commission shall establish an acceptable error rate for telephone connections made in violation of subdivision (a). The commission shall determine the error rate, if any, before July 1, 2002.

(c) The commission may require any person operating equipment as described in subdivision (a) to maintain records of telephone connections made for which no person, acting as an agent or telemarketer, is available for the person called. The commission may require copies of those records to be submitted to the commission.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

(END OF APPENDIX A)

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