STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

October 30, 2002

TO: PARTIES OF RECORD IN C.02-01-007 AND I.02-01-024

DECISION 02-10-073, Mailed 10/30/02

On September 27, 2002, a Presiding Officer's Decision in this proceeding was mailed to all parties. Public Utilities Code Section 1701.2 and Rule 8.2 of the Commission's Rules of Practice and Procedures provide that the Presiding Officer's Decision becomes the decision of the Commission 30 days after its mailing unless an appeal to the Commission or a request for review has been filed.

No timely appeals by the parties or requests for review have been filed. Therefore, the Presiding Officer's Decision is now the decision of the Commission.

The decision number is shown above.

/s/ CAROL A. BROWN by PSW  

CAROL A. BROWN, Interim Chief

Administrative Law Judge

CAB/tcg

Attachment

134524

ALJ/POD-JCM/tcg Mailed 10/30/2002

Decision 02-10-073

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

The Utility Consumers' Action Network (UCAN), Complainant, vs. Pacific Bell Telephone Company, Defendant.	Case 02-01-007 (Filed January 7, 2002)
Investigation on the Commission's Own Motion into the Operations, Practices, and Conduct of Pacific Bell Telephone Company (U 1001 C), Pacific Bell Internet Services, and SBC Advanced Solutions, Inc. (U 6346 C) to Determine Whether They Have Violated the Laws, Rules and Regulations Governing the Inclusion of Charges for Products or Services on Telephone Bills.	Investigation 02-01-024 (Filed January 23, 2002)

Michael Shames, Lee Biddle, Alan Mansfield and Hallen D. Rosner, Attorneys at Law, for The Utility Consumers' Action Network, complainant.

Garrett Wong, James B. Young, and Ed Kolto, Attorneys at Law, and Cynthia Wales for Pacific Bell Telephone Company, defendant and respondent.

William H. Booth and Merrie M. Cavanaugh, Attorneys at Law, for SBC Advanced Solutions, Inc., respondent.

Keith Epstein, Marilyn Salmon, Steven D. Rathfon, and Merrie M. Cavanaugh, Attorneys at Law, for Pacific Bell Internet Services, respondent.

James Anthony, Attorney at Law, for The Utility Reform Network, interested party.

Travis T. Foss and Laura Tudisco, Attorneys at Law, for Consumer Services Division.

OPINION ADOPTING SETTLEMENT

Summary

Pacific Bell Telephone Company (Pacific Bell), Pacific Bell Internet Services, (PBI), SBC Advanced Solutions, Inc. (ASI), Utility Consumers' Action Network (UCAN) and the Commission's Consumer Services Division (CSD) have jointly proffered an uncontested settlement agreement in this consolidated complaint and investigation proceeding involving the companies' billing for DSL services.¹ Under the settlement agreement, Pacific Bell, PBI, and ASI (jointly, Respondents) acknowledge their billing problems and reporting deficiencies, and agree to pay a $27,000,000 penalty to the State General Fund. The settlement describes the many measures Respondents have taken and will take to correct their problems and ensure that they do not recur. The Commission adopts the settlement, the full text of which is set forth in Appendix A, as resolving all issues in the complaint and investigation, and closes the proceeding.