Issue 2. The relationship between the modifications to Tariff Rule 12 made by the Rule 12 Advice Letters and D.01-09-058 and subsequent decisions or resolutions modifying D.01-09-058.

The Commission's 2001 decision D.01-09-058 required AT&T to implement a number of disclosure requirements through its Tariff Rule 12. AT&T explains that in that decision, the Commission specifically required the following of AT&T:

· Resolve the customer's request first. AT&T must resolve the specific reason for the customer's call before asking to market other services.

· Describe options for purchasing any requested service beginning with the least expensive option. (AT&T asserts that this requirement was later expanded to permit AT&T to discuss any packages or bundles that include the product requested and that may include product discounts).

· After addressing the customer's reasons for the call, AT&T shall summarize the order including itemized prices.

· After summarizing the order, AT&T shall inform the customer that the requested order is complete and allow the customer an opportunity to terminate the call.

· After completing the customer's request and informing the customer, AT&T may seek the customer's permission to present marketing information about additional services; if the customer declines to grant permission, AT&T must cease offering such services and conclude the call.

· If the customer agrees to receive marketing information, then AT&T may present marketing information to the customer, and may ask the customer for permission to access CPNI. Marketing information need not be presented in a particular order, but must include prices for each service offered. AT&T must inform the customer for packages of services that the components are available separately and quote the component prices.

· AT&T shall disclose information regarding Caller ID selective and complete blocking options, including the ability to unblock Complete Blocking on a per call basis, to new customers who have not chosen a blocking option.

· Disclose information about inside wire repair and that landlords are responsible for the maintenance and repair of inside wire.

In AL 28800, AT&T removed those marketing requirements based on its interpretation of Ordering Paragraph 21 of D.06-08-030. In AL 28982, AT&T added the following disclosures back to its Tariff Rule 12:

· Respond to customer request - address customer's request first.

· Seek customer permission prior to accessing CPNI, as required by 47 C.F.R. Section 64.2001 et seq.

· Disclose to consumers who identify themselves as tenants in response to inquiry by AT&T, that landlords are responsible for inside wire maintenance and repair.

· Inform customers about Caller ID selective and complete blocking options (same disclosure as previously required).

DRA and TURN take issue with AL 28982 in that the following requirements have been removed from Tariff Rule 12, and were not added back by AT&T to its tariff:³²

· Requirement to resolve customer's request or reason for calling before marketing other services.

· Requirement to offer the customer the "lowest price option [and state the price] for the service requested, prior to gaining the customer's agreement to market further services and bundles of services."

· Requirement that the utility indicate to the customer that the requested order/request is complete.

· Requirement that the customer agree to listen to marketing offers on other services.

DRA and TURN argue that AT&T's reliance on the language of Ordering Paragraph 21 of the URF Phase 1 decision to justify the Rule 12 Advice Letters is no longer valid since the subsequently released D.07-09-018 (the URF Phase 2 Decision of September 2007) ruled that the "asymmetric requirements" removed by Ordering Paragraph 21 of the URF Phase 1 decision did not include requirements imposed as a result of an enforcement or complaint case.³³ Based on this finding in D.07-09-018, DRA and TURN argue that the modifications made by AT&T through the Rule 12 Advice Letters should be declared null and void. Specifically, DRA and TURN assert that AT&T must restore the previous Rule 12 restrictions of resolving the customer's reason for call first, and disclosing to the customer the rates of basic flat and measured rate service.

In addition, DRA and TURN suggest new modifications to AT&T's Tariff Rule 12: (i) require AT&T to offer customers a 30-day period to cancel without early termination penalty; (ii) affirm the right of Commission staff to monitor AT&T's customer service performance; (iii) disclose to customers that if the customer cancels a service in a bundle, pricing for the remaining services revert to a la carte prices; (iv) disclose to customers that cancellation of optional services in a bundle more than 30 days after the initial order may trigger an early termination fee; and (v) require AT&T to offer an estimate of the full actual bill amount for all orders including basic flat, measured or Lifeline telephone service including fees, taxes, and surcharges.³⁴

³² Joint Post-Hearing Opening Brief of DRA and TURN, pp. 22-23.

³³ Id., p. 24.

³⁴ DRA and TURN Post-Hearing Opening Brief, pp. 2-3.