ALJ/JLG-POD/jyc

Decision PRESIDING OFFICER'S DECISION OF ALJ GRAU (Mailed 9/19/2002)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Jeffrey A. Heyser, Complainant, vs. AT&T Communications of California, Inc., Defendant.

Case 01-08-022 (Filed August 14, 2001)

Jeffrey A. Heyser, representing himself, complainant.

Darlene M.Clark, Attorney at Law, for AT&T Communications of California, Inc., defendant.

OPINION RESOLVING COMPLAINT

Summary

In today's decision, we find that AT&T Communications of California, Inc. (AT&T) did not violate its tariffs by discontinuing Complainant's enrollment in the One-Rate Calling Card Plan when he changed long distance carriers, by then permitting Complainant to continue the One-Rate Plan under the direct-billed option at his request, and by re-rating usage charged at the standard tariffed calling card rates during the period between discontinuance and re-enrollment. We note, however, that Complainant got what was required under AT&T's tariff only after filing informal and formal complaints. The practice of resolving consumer concerns only after the filing of informal and formal complaints does not reflect a good faith effort on AT&T's part to fairly address those concerns. We will require AT&T to file a compliance report with the Director of the Telecommunications Division that confirms that AT&T is interpreting its One-Rate Calling Card Plan tariff in conformance with this opinion.