Service List

The consumer protection rules proposed in the staff's Report could, if implemented in whole or in part, affect many or all intrastate telecommunications providers, and could constitute modifications to rules issued or to be issued in R.95-04-043/I.95-04-044, R.94-02-003/I.94-02-004, R.97-08-001/I.97-08-002, R.98-07-038, and I.93-12-007. We will therefore direct that this rulemaking order and a copy of the Telecommunications Division staff Report initially be served on all parties in those proceedings, and a Notice of Availability in the form of that contained in Appendix B be served on all regulated telecommunications carriers. Those interested in participating may request copies of this rulemaking order and the staff Report by contacting the Commission's Central Files, or may view and download copies from the Commission's Internet site (www .cpuc.ca.gov).

After initial service, a new proceeding service list will be formed by the Process Office, published on the Commission's Internet site and updated throughout the proceeding. The new service list will not automatically include those who received service of this order or the Notice of Availability. Parties filing comments in response to the proceeding schedule will be added to the service list automatically after their comments are received. Others who wish to be included on the service list must submit a written request to the Commission's Process Office, copy to the assigned ALJ, stating their full name, the entity they represent, the postal address and telephone number of the person to be served, an e-mail address where available, and their desired service list category (Appearance, State Service, or Information Only). All interested parties are reminded to submit written requests in a timely fashion if they expect to be served opening comments. Parties serving documents may rely on the Internet service list published as of the date their documents must be served or may obtain a copy of the service list by calling the Process Office at (415) 703-2021.

Parties are requested, but not required, to provide an electronic copy of all formal filings to the assigned ALJ (jcm@ cpuc.ca.gov). Any common PC-compatible word processing format is acceptable, although WordPerfect or Microsoft Word, any version, is preferred. Submittal may be by e-mail or by including a floppy disk with the ALJ's hardcopy served in accordance with Rule 2.3(a).

IT IS ORDERED that:

1. A rulemaking is instituted on the Commission's own motion for the purpose of considering whether to revise existing consumer protection rules and/or establish new rules applicable to regulated telecommunications utilities; and if so, what specific rules should be revised or established, and for which class or classes of telecommunications utilities.

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 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, 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 opening comments responding to the questions in Appendix A to 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 April 3, 2000. Replies to comments may be submitted and shall be filed and served not later than May 3, 2000.

7. Pursuant to Rule 6(c)(2), parties shall include with 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) the preliminary scoping memo.

8. 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 those on the service lists for the following dockets: R.95-04-043/I.95-04-044, R.94-02-003/I.94-02-004, R.97-08-001/I.97-08-002, R.98-07-038, and I.93-12-007, along with a copy of the report, Telecommunications Division Staff Report and Recommendations: Consumer Protections for a Competitive Telecommunications Industry.

10. The Executive Director shall cause a Notice of Availability in the form of Appendix B to this order to be served on all regulated telecommunications carriers.

11. After service of this order, the service list for this proceeding shall be formed following the procedures set forth in the Service List section in the body of this decision. The assigned ALJ, with the concurrence of the assigned Commissioner, shall have on-going oversight of the service list and may institute changes to the list or the rules governing it, as needed.

This order is effective today.

Dated February 3, 2000, at San Francisco, California.

RICHARD A. BILAS

President

HENRY M. DUQUE

JOSIAH L. NEEPER

CARL W. WOOD

LORETTA M. LYNCH

Commissioners