D0612044 Order Modifying and Granting Limited Rehearing of D0608030 and Denying rehearing of Decision, as modified, in all other respects

2. Appropriate Venue for DisabRA Issues

DisabRA asserts that even if issues regarding the disabled community are best addressed in the Commission's PPP rulemaking (R.06-05-028), the Decision errs because it does not adequately refer those issues to that proceeding. Additionally, DisabRA contends the scope of R.06-05-028 must be expanded to include certain issues it raised in this proceeding. (DisabRA Rhg. App., pp. 7-11.)

Our Decision repeatedly states that issues related to the disabled community are appropriate to, and should be addressed in R.06-05-028. However, DisabRA is correct that there are no associated findings of fact, conclusions of law, or ordering paragraphs to effectively refer those issues to R.06-05-028. Accordingly, we will modify the Decision to specifically refer the issues to the PPP OIR as set forth below in the ordering paragraphs.

DisabRA is wrong, however, that some of the issues it raised in this proceeding are not currently within the scope of R.06-05-028. According to DisabRA, R.06-05-028 does not encompass the issue of: the availability of telecommunications technologies other than wireline telephony in the disabled community market; whether those other technologies provide necessary accessibility features and customer services; and bundling or pricing bundles. (DisabRA Rhg. App., pp. 10-11.)

A review of the PPP OIR and staff report identifying issues in R.06-05-028 evidence that those issues have already been raised as within its scope.⁴³ Moreover, DisabRA is an active party in R.06-05-028 and states that it has already made a formal request to the ALJ to revise the scope of that proceeding. (DisabRA Rhg. App., p. 11, fn. 25.) While the relationship between the policies adopted in D.06-08-030 and those to be considered in the PPP OIR should be carefully conformed, any further expansion of R.06-05-028 does not appear to be necessary or required here.

⁴³ See Order Instituting Rulemaking On Telecommunications Public Policy Programs, R.06-05-028 (dated May 25, 2006, pp. 12-13, 17-19, 20-22.). Also see Staff Report on Public Policy Programs, R.06-05-028 (dated April 14, 2006, pp. 27-36.).