JJJ/tcg 9/13/2002

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Investigation on the Commission's own motion into the operations, practices, and conduct of Qwest Communications Corporation (Qwest), U-5335-C and its wholly owned subsidiary, LCI International Telecommunications Corporation, doing business as Qwest Communications Services (LCIT) , U-5270-C to determine whether Qwest and LCIT have violated the laws, rules and regulations governing the manner in which California consumers are switched from one long distance carrier to another and billed for long distance telephone services.

Investigation 00-11-052 (Filed November 21, 2000)

ADMINISTRATIVE LAW JUDGE'S RULING
ADDRESSING THE ADMISSION OF CERTAIN EXHIBITS,
TRANSCRIPT CORRECTIONS AND MOTION TO STRIKE

This ruling addresses the admission of certain exhibits, transcript corrections, and Qwest Communication Corporation's (Qwest) Motion to Strike the Consumer Services Division's (CSD)¹ July 22, 2002 letter and attachments.

A. Exhibits

On the last day of hearing, I reserved certain exhibit numbers for late-filed exhibits. Additionally, the parties agreed to admit into evidence as Exhibit 318 "Greenlining/LIF Response to Undated, Unsigned Data Requests from Qwest" in lieu of cross-examining the Greenlining Institute/Latino Issues Forum (Greenlining/LIF) witnesses Gamboa and Arteaga, but Qwest inadvertently did not move this exhibit into evidence.

The following late-filed exhibits have been served on the parties, and I have not received any objection as to their receipt into evidence. The following items are therefore received into evidence as of the last day of the hearings, May 11, 2001:

Exhibit 315: Explanation of "Informational" as Used in Merger Complaint Report

Exhibit 316: Corrections to the Deposition of Mark Pitchford of April 24, 2001

Exhibit 317: Corrections to the Deposition of Ann Kelly of April 19, 2001

Exhibit 318: Greenlining/LIF Response to Data Request from Qwest

Additionally, by May 17, 2001, Qwest requests that I admit as a late-filed exhibit a supplemental Complaint Report for the Second, Third, and Fourth Quarters of 2000 that Qwest filed with the Office of Ratepayer Advocates and the CSD. Greenlining/LIF strongly objects to this exhibit's admission because it was not subject to cross examination. Since Qwest did not tender this exhibit until after the close of hearings, and the record is now closed, I do not receive this item into evidence. However, Qwest's May 17, 2001, letter request will be placed in the correspondence file with the CD ram under seal as set forth in the ruling paragraph below.

¹ CSD's name is now changed to the Consumer Protection and Services Division . We use CSD in this ruling because that name was in effect when the motion and response were filed.