X. Assignment of Proceeding

Loretta M. Lynch is the Assigned Commissioner and Kim Malcolm is the assigned ALJ in this proceeding.

Findings of Fact

1. SBC California violated a ruling of the ALJ and the Assigned Commissioner when it failed to take steps to timely notify its customers of PPHs scheduled by the Commission.

2. SBC California acted improperly when it informed ORA and TURN that it would not submit to discovery requests in this proceeding and should have sought permission to suspend discovery pending resolution of its motion to withdraw.

3. The Commission and several parties have expended substantial time and resources processing this application.

4. SBC California presents no justification for closing this proceeding in its filed motion.

5. The Commission has pursued this proceeding at SBC California's urging and contrary to the assigned ALJ's formal recommendation.

6. The Assigned Commissioner's decision to conduct PPHs in this case was responsible and reasonable in light of the public interest in this matter and the facts underlying the application.

7. TURN and Greenlining pursued their constituents' interests in this application in good faith believing SBC California would continue to pursue its application.

8. There is good cause to grant applicant's motion to withdraw its application.

Conclusions of Law

1. Only the Commission may close a contested proceeding.

2. Until the Commission, the assigned Commissioner or the ALJ determines otherwise, the procedural status of a proceeding does not change when a party files a motion for Commission action. A party may not assume its procedural requests are granted until and unless it has received a ruling or order of the Commission.

3. The Commission is within its discretion to reject for good cause the filing of any application.

4. Pursuant to §§ 2107 and 2108, the Commission would be within its discretion to fine SBC California for its failure to pursue the ALJ's directive to notify SBC California's customers of PPHs.

ORDER

IT IS ORDERED that:

1. The Executive Director shall direct the Commission's Docket Office to reject any filing by Pacific Bell Telephone Company (SBC California) that seeks recategorization of its directory assistance services for two years from the date of this order. SBC California, any successor in interest, and any affiliate making application or any other proceeding the effect of which is to consider recategorization of directory assistance during the next two years shall in its communications or filings make specific reference to this decision and its rationale.

2. Greenlining Institute and The Utility Reform Network are authorized to seek intervenor compensation from SBC California's shareholders for their activities in this proceeding.

3. The application is dismissed.

4. This proceeding is closed.

This order is effective today.

Dated June 9, 2004, at San Francisco, California.

MICHAEL R. PEEVEY

President

CARL W. WOOD

LORETTA M. LYNCH

GEOFFREY F. BROWN
Commissioners

I dissent.

/s/ SUSAN P. KENNEDY
Commissioner