ALJ/XJV/tcg Mailed 10/28/2002

Decision 02-10-061 October 24, 2002

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Investigation on the Commission's own motion into the operations, practices, and conduct of Pacific Bell Wireless LLC dba Cingular Wireless, U-3060, U-4135 and U-4314, and related entities (collectively "Cingular") to determine whether Cingular has violated the laws, rules and regulations of this State in its sale of cellular telephone equipment and service and its collection of an Early Termination Fee and other penalties from consumers.

Investigation 02-06-003 (Filed June 6, 2002)

INTERIM OPINION GRANTING PETITION FOR MODIFICATION AND

DENYING MOTION TO DISMISS BUT

MODIFYING OII FOR GREATER CLARITY

Summary

We grant the petition for modification filed by Cingular Wireless (Cingular) and, pursuant to statutory and other legal precedent, modify this Order Instituting Investigation (OII) to exclude three categories of confidential information from public disclosure. Cingular provided the information in response to discovery requests from Consumer Protection and Safety Division (CPSD) but has not waived its confidentiality claims and has established that disclosure of the information would cause it unfair economic disadvantage. We direct CPSD to prepare public versions of its Staff Report and of Attachment E to the Staff Report, from which the confidential information has been redacted.

We deny Cingular's motion to dismiss. The OII is neither preempted by federal law nor barred by state law. However, we modify certain Ordering Paragraphs in the OII to clarify the charges and make one minor modification to the text to correct an inadvertent clerical omission.