ALJ/JAR/jyc Date of Issuance 12/19/2008

Decision 08-12-055 December 18, 2008

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Utility Consumers' Action Network (UCAN), Complainant, vs. MCI Communications Services, Inc., dba WorldCom LLC (U 5378 C) and related entities collectively "MCI," Defendant.

Case 06-10-023 (Filed October 13, 2006)

DECISION GRANTING INTERVENOR COMPENSATION
TO UTILITY CONSUMERS' ACTION NETWORK FOR SUBSTANTIAL CONTRIBUTION TO DECISION 08-03-015

This decision awards Utility Consumers' Action Network $19,879.25 in compensation for its substantial contributions to Decision (D.) 08-03-015. This award is a reduction of $4,512.75 (18.5%) from the amount requested due to adjustments in hourly rates, excessive hours and a disallowance for clerical tasks.

Today's award will be paid by MCI Communication Services Inc. and the related entities, collectively known as MCI. A Settlement Agreement between the parties resolved all issues in the complaint, and closes the proceeding.

1. Background

On October 13, 2006, Utility Consumers' Action Network (UCAN) filed its formal complaint with the Commission alleging that MCI Communication Services Inc. (MCI) as early as May 2006, began "cramming"¹ certain customers by erroneously charging particular local service-only customers a long distance-associated "Basic Monthly Fee" and related fees, taxes and surcharges. MCI began its own investigation following the receipt of UCAN's complaint. MCI's investigation revealed that there was a computer coding error that failed to exempt certain customers from being assessed the long distance basic monthly fee. MCI acknowledged that between June 2006 and October 2006 some California customers were erroneously charged a basic monthly fee and related taxes, fees and surcharges.

In November 2006, MCI conducted a credit recovery to ensure that it properly credited for overcharges any customer who experienced these billing errors. MCI issued credits of fees, taxes and surcharges equal to or greater than those previously charged to all its customers impacted by the coding error. MCI has fully credited all customers.

¹ "Cramming" refers to the submission or inclusion of unauthorized, misleading, or deceptive charges on consumers' local telephone bills.