JCM/tcg 3/28/2002

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

The Utility Consumers' Action Network (UCAN), Complainant, vs. Pacific Bell Telephone Company, Defendant.	Case 02-01-007 (Filed January 7, 2002)
Investigation on the Commission's Own Motion into the Operations, Practices, and Conduct of Pacific Bell Telephone Company (U 1001 C), Pacific Bell Internet Services, and SBC Advanced Solutions, Inc. (U 6346 C) to Determine Whether They Have Violated the Laws, Rules and Regulations Governing the Inclusion of Charges for Products or Services on Telephone Bills.	Investigation 02-01-024 (Filed January 23, 2002)

ADMINISTRATIVE LAW JUDGE'S RULING ON UCAN MOTION TO COMPEL

On March 19, 2002, the Utility Consumers' Action Network (UCAN) filed a Motion to Compel Discovery from Pacific Bell. UCAN's Motion sets forth its position on thirteen data request items¹ for which it says Pacific Bell is refusing to provide the information requested.

Because the parties are facing deadlines to complete and serve their testimony, this Ruling addresses each data request item without waiting for responses from Pacific or the other parties.

Data Request 1.c

UCAN's Request: Please produce any and all documents which detail the level of sales, revenues or income generated for all of Pacific Bell's services each year since the DSL program began.

Ruling: Pacific must respond, but may narrow its response to only DSL-related information. Where DSL sales, revenues or income figures are aggregated with other, non-DSL figures and the DSL figures cannot be provided separately, the aggregated information is to be considered DSL-related and Pacific must provide the aggregated information.

¹ Page 2 of UCAN's motion says there are ten requests at issue; page 3 says twelve are in dispute; and the body of the Motion recites thirteen. This Ruling addresses the thirteen data requests that UCAN actually lists and supports.