In D.04-05-057 ("Decision") the Commission adopted General Order ("G.O.") 168, Rules Governing Telecommunications Consumer Protection ("the Rules"), applicable to all Commission-regulated telecommunications utilities. As explained in the Bill of Rights ("BOR"), which precedes the Rules, the purpose of the Rules is to protect telecommunications consumer rights concerning disclosure, choice, privacy, public participation and enforcement, accurate bills and redress, and safety. See G.O. 168, Part 1. To this end, G.O. 168 imposes a number of requirements on telecommunications carriers in a number of areas such as billing methods, terms of service, marketing, and slamming.
AT&T Wireless, et al. ("Joint Wireless Carriers" or "JWC"), and Nextel of California, Incorporated ("Nextel") both filed timely applications for rehearing of the Decision. The Wireline Group ("Wireline") filed two applications for rehearing, one that solely addresses issues concerning the timeline for implementation of the Decision.1 In addition, these three groups filed separate motions to stay the Decision, which we denied in D.04-08-056. Wireline, Consumers Union et al. ("Consumers"), the Attorney General and the Office of Ratepayer Advocates ("AG/ORA"), California Small Business Roundtable/California Small Business Association ("CSBRT/CSBA") filed responses to one or more of the applications for rehearing.
We have carefully reviewed the allegations of legal error raised in the applications for rehearing and find that the applications fail to demonstrate sufficient grounds for granting rehearing. We will, however, make some modifications to clarify the Decision and to address certain oversights, as discussed below.
1 In the discussion below, applicants are referred to as "Wireless Carriers" (for Nextel and JWC) or "Carriers" (for all three applicants) where their applications for rehearing raise similar issues.