Findings of Fact

1. Respondents have acknowledged that their customers experienced billing errors in which subscribers' telephone bills contained charges for products or services those subscribers had not authorized.

2. The number of instances of unauthorized billing has not been precisely quantified, but it is substantial.

3. Respondents have acknowledged that they did not always resolve billing errors in a timely manner, and that subscribers had to make multiple calls and substantial investments of time to resolve them.

4. Respondents have acknowledged having inappropriately applied toll restriction for outstanding DSL-related charges, and having sent disconnect notices that might have led customers to believe that their basic service would be disconnected for non-payment of DSL Internet charges or that a security deposit was required.

5. Respondents have acknowledged that Pacific Bell did not always maintain the records and submit accurate reports that D.00-03-020 as modified by D.00-11-015 requires.

6. The problems experienced by consumers caused by Respondents' conduct were unacceptable.

7. The parties are not aware of any billing complaints that were not ultimately credited or adjusted by Respondents, or of any reparations that may be due under Section 734.

8. The proposed settlement agreement is based on the record the parties have developed, and the remedies it proposes are commensurate with the problems they have documented.

9. The settlement presents a reasonable resolution of all of the issues in this proceeding.

10. TURN neither supports nor opposes the settlement.

11. There is no known opposition to the settlement.