Factual Background and Procedural History

This OII issued on June 6, 2002 but did not appear in the Commission daily calendar until June 21, the date it was served on Cingular. On June 25, Cingular filed a petition for modification of Ordering Paragraph 10 of the OII. Ordering Paragraph 10 authorizes the public release of information that Cingular provided to Commission staff in the course of informal discovery and identified as confidential and/or proprietary at the time of production. To date, Cingular has not waived its confidentiality claims. CPSD filed a response to the petition on June 28 and Cingular filed a reply on July 8. As directed by the assigned administrative law judge (ALJ) at the prehearing conference (PHC), Cingular made a supplemental filing on July 31.

Cingular filed the motion to dismiss for lack of subject matter jurisdiction on July 19, immediately prior to the PHC. Consistent with the schedule set at the PHC, CPSD and intervenor Utility Consumers Action Network (UCAN) filed responses on August 19 and Cingular filed a reply on August 30.