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:

Should the Commission revise its existing consumer protection rules and/or establish new rules applicable to regulated telecommunications providers?

If so, what specific rules should be revised or established, and for which classes of telecommunications carrier?

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 consider revising our telecommunications consumer protection policies through new and revised rules applicable to regulated telecommunications utilities. We do not anticipate holding formal hearings.⁸ We do intend to hold public participation hearings in various locations to gather input from the general public. We need not determine at this time whether to hold hearings to receive testimony regarding adjudicative facts.⁹ 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.

The timetable for this proceeding will depend on the input we receive from the parties. For purposes of addressing the scoping memo requirements, we establish the following schedule:

February 3, 2000 Order Instituting Rulemaking

April 3, 2000 Opening Comments

May 3, 2000 Reply Comments

May 24, 2000 Assigned Commissioner's Scoping Ruling

June, July, 2000 Public Participation Hearings

September 25, 2000 Proposed Decision

October 16, 2000 Comments on Proposed Decision

October 23, 2000 Reply Comments

November 21, 2000 Decision on Commission Agenda

The assigned Commissioner through his 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.

Interested parties may file opening comments that respond to the questions set forth in Appendix A to 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 which 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.

Commissioner Carl Wood and ALJ James McVicar are assigned to this proceeding.¹⁰

⁸ Under Rule 8(f)(2), "'Formal hearing' generally refers to a hearing at which testimony is offered or comments or argument taken on the record... In a quasi-legislative proceeding, `formal hearing' includes a hearing at which testimony is offered on legislative facts, but does not include a hearing at which testimony is offered on adjudicative facts." And, under Rule 8(f)(3), "`Legislative facts' are the general facts that help the tribunal decide questions of law and policy and discretion." ⁹ Rule 8(f)(1): "`Adjudicative facts' answer questions such as who did what, where, when, how, why, with what motive or intent." ¹⁰ Pursuant to Rule 5(k)(3), the assigned Commissioner is the presiding officer in a quasi-legislative proceeding, except that the assigned ALJ shall act as the presiding officer in the Commissioner's absence at any hearing other than a formal hearing as defined in Rule 8(f)(2).