The Results of the Field Research Survey
On November 20, 2000, Pacific and Cox filed the results of the Field Research survey, along with their last weekly status report. 8 The survey was restricted to residential customers, since 338, 244 of the total of 454,000 tainted directories (i.e., about 74.5%) had been distributed to residences. The survey results were based on a sample of 1269 households with listed telephone numbers, of which 826 had not left their tainted directory out for pickup during the formal retrieval program.
Given the sample size, the survey results are considered accurate with a 95% level of confidence, which is a generally accepted standard for such surveys. The survey results indicate that seventy-three per cent (73%) of the tainted directories distributed to residential customers have been taken out of circulation, as a result of either (1) self-help by the survey respondents, (2) the formal retrieval efforts of Pacific and Cox, or (3) because the respondent cannot now locate the tainted directory. This means that of the 338,244 directories distributed to residential customers, about 246,918 have apparently been taken out of circulation, and about 91,326 remain in circulation.
In the cover letter accompanying the survey results, Cox and Pacific argue that based on the 73% out-of-circulation rate, the Commission should not order them to undertake any additional retrieval efforts:
"[T]aken in [their] entirety, the efforts the [c]ompanies have undertaken to respond to the concerns of customers impacted by the inadvertent publication of their listing data in certain San Diego telephone directories, to retrieve the tainted directories, and to educate the general public about this matter have addressed most, if not all, overriding concerns for the safety and privacy of the impacted customers. The companies believe that, given the results of these efforts, it is neither efficacious, necessary, nor in the public interest for the Commission to order further directory retrieval efforts."
Cox and Pacific support this argument with a numerical analysis based on the results of the Field Research survey, an analysis that they also presented to Commissioner Bilas during a briefing on November 28, 2000. In the briefing, Pacific and Cox stated that from the sample chosen for the Field Research survey, only 18.4% of the residences that were telephoned were reached, willing to be interviewed, and said they had not returned the tainted directory to Pacific. Since the total number of tainted residential directories is 338,244, this suggests that the total number of unreturned, tainted directories that might be recovered through a phone contact similar to the Field Research survey would not exceed 62,237 (i.e., 18.4% of 338,244).
However, since only 35.8% of those interviewed by Field Research stated that they still had the tainted directory, this means that the maximum number of tainted directories that might actually be recovered through a second telephone contact is 22,281 (i.e., 62,237 x 35.8% = 22,281). Further, while 87% of those interviewed by Field Research in October 2000 said they were willing to return the tainted directory, only 64% of this number actually put the directory out for pickup. Thus, of the 22,281 additional directories that might theoretically be retrieved, Field Research's experience suggests that only about 12,400 actually would be (i.e., 22,281 x 87% x 64% = 12,406). This number, Pacific and Cox point out, represents only 4.6% of the 270,139 directories distributed to residences that were not reclaimed through the formal retrieval program, and only 3.7% of all the tainted directories distributed to residences.9
8 On the same day the survey results were filed, the ALJ issued a ruling relieving Cox and Pacific of the obligation to file further status reports on the retrieval effort. In his ruling, the ALJ noted that the survey results were expected to be available "soon," and that the percentage of directories being retrieved had not increased significantly since August. See, Administrative Law Judge's Ruling Relieving Pacific Bell Telephone Company and Cox California Telcom, L.L.C. of the Requirement of Filing Weekly Status Reports Concerning Their Reclamation and Reprinting Efforts for San Diego Directories, and Unsealing Pages from the Transcript of the June 12, 2000 Hearing, issued November 20, 2000. 9 The percentages and numbers used in this paragraph were taken from an information sheet used by Pacific during the November 28, 2000 briefing for Commissioner Bilas. On February 8, 2001, counsel for Pacific sent a copy of this information sheet (along with a cover letter) to the assigned ALJ and Commissioner Bilas's telecommunications advisor.
