2. Procedural Background

This complaint was filed on February 10, 2000. AT&T timely filed its answer, denying the allegations of the complaint and attaching what AT&T claimed were governing tariffs. By Administrative Law Judge (ALJ) Ruling dated April 7, 2000, complainant was directed to respond to AT&T's tariff defense. Complainant in its response raised material issues of disputed facts, and, in a telephone prehearing conference conducted on May 30, 2000, the ALJ set evidentiary hearing for July 12, 2000, in Los Angeles. The ALJ served as presiding officer. At hearing, complainant presented its evidence through Robert G. Spencer, owner of Marking Products. AT&T presented its evidence through Patricia Cheah, assistant staff manager for an AT&T branch serving small business customers. The Commission received 13 exhibits into evidence. The parties filed briefs on August 14, 2000, at which time the case was deemed submitted for decision.