XII. Ex parte Communications

This proceeding is subject to Rule 7, which specifies standards for engaging in ex parte communications and the reporting of such communications. Pursuant to Rules 7(a)(4) and 7(d), ex parte communications will be allowed in this proceeding without any restrictions or reporting requirements until the Assigned Commissioner makes an appealable determination of category as provided for in Rules 6(c)(2) and 6.4. Following the Assigned Commissioner's determination, the applicable ex parte communication and reporting requirements shall depend on such determination unless and until the determination is modified by the Commission pursuant to Rule 6.4 or 6.5.

ORDER

Therefore, IT IS ORDERED that:

1. A rulemaking is instituted on the Commission's own motion for the purpose of implementing the Federal Communications Commission's Report and Order, FCC No. 04-87 (Lifeline/Link-Up Order), as it affects the Universal Lifeline Telephone Service (ULTS) program.

2. All incumbent local exchange carriers and competitive local exchange carriers that receive reimbursement from the ULTS fund shall be respondents in this proceeding.

3. The Executive Director shall cause this Order Instituting Rulemaking (OIR) to be served on: the respondents to this proceeding; committee members of the ULTS Trust Administrative Committee, Telecommunications Access for the Deaf and Disabled Administrative Committee and the Low Income Oversight Board; parties on the service lists of Rulemaking 98-09-005 (the ULTS/GO 153 OIR); Investigation 04-02-007 (the VOIP proceeding); National Indian Justice Centers; and Richard Heath & Associates, contractor for the ULTS Marketing/Outreach program and the ULTS Call Center.

4. The Executive Director shall serve electronically a Notice of Availability of the OIR on jurisdictional telecommunications utilities, for which e-mail addresses are on file with the Commission, informing them that this OIR is available at: http://www.cpuc.ca.gov/static/industry/telco/index.htm. For incumbent and competitive local exchange carriers whose e-mail addresses are not on file with the Commission, the Executive Director shall send those carriers, by regular mail, copies of the Notice of Availability of the OIR.

5. The assigned Administrative Law Judge shall issue a ruling to establish the initial official service list for this proceeding on or before January 3, 2005.

6. The category of this rulemaking is preliminarily determined to be "quasi-legislative" as that term is defined in Rule 5(d) of the Commission's Rules of Practice and Procedure.

7. The preliminary schedule for this rulemaking is set forth herein. Consistent with the preliminary schedule, parties shall file comments by

This order is effective today.

Dated December 2, 2004, at San Francisco, California.

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