LYN/DOT/sid 5/10/2002

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

CALIFORNIA ISP ASSOCIATION, INC., Complainant, vs. PACIFIC BELL TELEPHONE COMPANY (U-1001-C); SBC ADVANCED SOLUTIONS, INC. (U-6346-C) and DOES 1-20, Defendants.

Case 01-07-027 (Filed July 26, 2001)

ASSIGNED COMMISSIONER'S AND

ADMINISTRATIVE LAW JUDGE'S RULING

SETTING SCOPE AND SCHEDULE

This ruling serves as the scoping memo for the above-entitled matter and schedules an evidentiary hearing to commence on September 16, 2002, at 10:00 a.m., at the Commission Courtroom, State Office Building, 505 Van Ness Avenue, San Francisco, California.

Background

On July 26, 2001, the California Internet Service Provider Association (CISPA, or "Complainant") filed this complaint against Pacific Bell Telephone Company (Pacific) and SBC Advanced Solutions Inc. (ASI) alleging unlawful discrimination by Pacific and ASI in the provision of digital subscriber line (DSL) transport services in California. On October 22, 2001, Pacific and ASI (jointly "Defendants") filed answers to the complaint and a motion to dismiss the complaint. Defendants' motion to dismiss was denied by an Assigned Commissioner and Administrative Law Judge (ALJ) ruling on March 28, 2002.