COM/CRC/tcg Date of Issuance 4/28/2008
Decision 08-04-057 April 24, 2008
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking on the Commission's Own Motion to Assess and Revise the Regulation of Telecommunications Utilities. |
Rulemaking 05-04-005 (Filed April 7, 2005) |
OPINION APPROVING PACIFIC BELL TELEPHONE COMPANY
ADVICE LETTERS 28800 AND 28982 WITH MODIFICATION
TABLE OF CONTENTS
Title Page
OPINION APPROVING PACIFIC BELL TELEPHONE COMPANY
ADVICE LETTERS 28800 AND 28982 WITH MODIFICATION 1
1. Summary of Decision 2
2. Procedural History 3
3. Positions of the Parties 12
3.1. Responses to Specific Scoping Issues 12
4. Discussion 28
4.1. The Competitive Marketplace 31
4.2. AT&T's Business Practices 34
4.3. Disclosure of Stand-Alone Basic Service Offerings 35
4.4. AL 28982 Remaining Modifications 39
5. Categorization and Need for Hearings 42
6. Comments on Proposed Decision 42
7. Assignment of Proceeding 48
Findings of Fact 48
Conclusions of Law 52
ORDER 53
OPINION APPROVING PACIFIC BELL TELEPHONE COMPANY
ADVICE LETTERS 28800 AND 28982 WITH MODIFICATION
1. Summary of Decision
This decision resolves issues raised by the protest of DRA and TURN to Advice Letters (ALs) 28800 and 28982 filed by Pacific Bell Telephone Company now doing business as AT&T California (AT&T).1 As the Procedural History reflects, we held evidentiary hearings on these issues and considered whether AT&T met its burden of proof to justify certain changes that it made to its Tariff Rule 12 through ALs 28800 and 28982 (Rule 12 Advice Letters).
We find that AT&T has provided evidence that supports certain modifications that it has made to its Tariff Rule 12 through AT&T ALs 28800 and 28982. However, we also find that AT&T has failed to meet its burden of proof with regard to one aspect of its tariff - that, is whether it is providing consumers with adequate information about its least-cost options for stand-alone basic service. Accordingly, we order AT&T to file an advice letter with modifications to its current Tariff Rule 12 to require AT&T customer service representatives to explain to customers seeking new service the difference between flat rate and measured rate for basic service and to disclose the monthly cost of each before marketing bundled services to such customers. We will also require that AT&T modify its Tariff Rule 12 to require it to post the rates for basic flat rate and measured rate service on its website. The information shall be posted on the same web page as information regarding the cost and composition of bundles and shall be no less prominently displayed.
1 Pacific Bell Telephone Company was, and remains, the legal name of the incumbent local exchange carrier that is the subject of this decision. Although it has operated under various assumed names, all references within this decision are to the same company as noted.
