5. Violation of Pacific's Tariff Rule 12

Greenlining charges that Pacific has violated its Tariff Rule 12 because it has not provided business customers with a quotation of the applicable recurring rate for call forwarding when call forwarding is used in conjunction with business voicemail. Pacific's Tariff Rule 12 requires, in relevant part:


At the time of application for business service, or for moves, changes or additions to existing business services, the Utility or its authorized employees shall provide a full itemization of the recurring rates and nonrecurring charges applicable to the services applied for.

Defendants focus on the first words of this rule, "[a]t the time of application" and allege they have complied. We review the evidence on defendants' disclosures above and need not repeat it here. Suffice it to say that while we conclude, on balance, that Greenlining has not made a case for violation of Tariff Rule 12 in this proceeding, we caution defendants not to read Tariff Rule 12 too narrowly. We construe Tariff Rule 12 to require a clear, complete disclosure of all applicable charges, such as the call forwarding and message retrieval business line charges assessed for using voicemail, not only when a customer first applies for the product or service, but also each and every time a customer moves, changes, or adds to it.

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