ALJ/GEW/MOD-POD/tcg Mailed 4/3/2001
Decision 01-03-069 March 27, 2001
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Flamingo Mobile Lodge, Complainant, vs. Pacific Bell, Defendant. |
Case 00-05-055 (Filed May 25, 2000) |
Richard D. Ackerman, Attorney at Law, for
Flamingo Mobile Lodge, complainant.
Stephanie E. Krapf, Attorney at Law, for Pacific Bell,
defendant.
1. Summary
In a practice long since discontinued, Pacific Bell (Pacific) in the mid-1950s stapled telephone distribution and service cable to a wooden railing to serve 16 coach spaces at Flamingo Mobile Lodge (Flamingo), a mobile park in Corona. The railing has since deteriorated, and much of the telephone cable has fallen to the ground or is stretched across open space in the railing. Pacific at its own cost has placed the cable underground at five coach spaces, but it has refused to do the same underground work for the 11 other affected coach spaces until Flamingo advances $26,000 to pay for the work. This decision finds that Pacific has erroneously relied on tariffs that are not applicable here, and that in doing so Pacific has failed to provide service necessary to promote the safety, health, comfort and convenience of its patrons, as required by Pub. Util. Code § 451. Accordingly, pursuant to Pub. Util. Code §§ 761 and 768, this decision directs Pacific to complete the underground installation on the property at Pacific's cost. Pacific's appeal of the Presiding Officer's Decision is denied.
