IX. Preliminary Scoping Memo

This OIR is instituted for the purpose of reviewing the Telecommunications Public Policy Programs. We seek comments on the programs and proposals for modifications to the programs as described above. The advisory committee structure and program governance will not be included in the scope of this proceeding.

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). It is contemplated that this proceeding shall be conducted through a written record and Public Participation Hearings. An order will issue on the merits based record established in this docket. The Commissioner and the Administrative Law Judge assigned to this OIR, however, may deem evidentiary hearings necessary.

Interested parties are invited to file opening and reply comments as described above. Persons or entities filing opening comments shall include with their comments any objections they may have regarding the categorization of this proceeding as quasi-legislative, their position as to whether there is a need for an evidentiary hearing, and any objections to this preliminary scoping memorandum, pursuant to Commission Rules of Practice and Procedure, Rule 6(c)(2). Comments shall conform to the requirements of the Commission's Rules of Practice and Procedure, Article 3.5 (Rulemaking). Parties filing comments are placed on notice that if hearings are held they may be required to provide testimony to support any assertions of fact. In the event that the assigned Commissioner determines that a prehearing conference is necessary, it shall be set by ruling.

IT IS ORDERED that:

1. A rulemaking is instituted for the purpose of reviewing the Telecommunications Public Policy Programs.

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. Any person or entity that seeks to participate in this proceeding should send a written request, by mail or email, to the Commission's Process Office (Process Office, Room 2000, 505 Van Ness Avenue, San Francisco, CA 94102 or Process_Office@cpuc.ca.gov). The request must include the following: (1) the full name of the person or entity upon whom service should be made (if the participant is an entity, the full name of the entity's representative for service of process); (2) the postal address, telephone number, and email address of the person or entity to be served; and (3) the service category desired (Appearance, State Service or Information Only). To be included in the service list for the initial comments and proposals these requests must be received no later than July 13, 2006. The service list compiled by the Process Office as of July 26, 2006, shall be the official service list for use in serving initial comments and proposals. The Process Office's list effective on September 12, 2006, shall be service list for the reply comments.

4. The temporary service list for this proceeding shall be the combined service lists from Rulemakings 01-05-046 and 04-12-001.

5. Comments shall conform to the requirements of the Commission's Rules of Practice and Procedure, Article 3.5 (Rulemaking), and shall be filed with the Commission's Docket Office and served in conformance with the schedule below:

July 28, 2006

Initial Comments and Proposals, filed and served

September 15, 2006

Reply Comments, filed and served

6. The Assigned Commissioner or the assigned Administrative Law Judge shall set a date for a pre-hearing conference in the event that it is determined that one needs to be held.

7. Pursuant to Commission Rules of Practice and Procedure, Rule 6(c)(2), parties shall include with their opening comments any objections they may have regarding the categorization of this proceeding as quasi-legislative.

8. The Executive Director shall cause this OIR to be served on all telecommunications carriers, including wireless carriers.

9. The Assigned Commissioner or the Assigned Administrative Law Judge shall have ongoing oversight of the service list including late requests to be added to the service list, and may institute changes to the list or the rules governing it, as needed.

This order is effective today.

Dated May 25, 2006, at San Francisco, California.

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