Comments on Draft Decision

The draft decision of the ALJ in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on ____________________, and reply comments were filed on ________________.

Findings of Fact

1. The complaints raise issues of substantial public interest concerning the practices of Pacific and AT&T.

2. The Commission's need to advance the public business outweighs Pacific and AT&T's discretion to control interaction with governmental bodies.

3. The participation of Greenlining Institute and Latino Issues Forum will advance resolution of this matter.

4. Amended complaints were filed on March 22, 2000.

5. Based upon the 12-month statutory deadline, this proceeding must be resolved on or before March 21, 2001, unless this date is extended.

6. The current schedule allows insufficient time to resolve this proceeding before the 12-month statutory deadline runs.

7. Further investigation by CSD of the allegations contained in the complaints is in the public interest.

8. Complainants' requests for dismissal and the need for investigation by CSD have delayed this proceeding.

Conclusions of Law

1. The Complainants' requests for dismissal should be denied.

2. The motion to intervene of Greenlining Institute and Latino Issues Forum should be granted.

3. The Administrative Law Judge's ruling directing AT&T and Pacific to retain for three years (from September 6, 2000) all records pertaining to the allegations contained in the complaints should be affirmed.

4. The 12-month statutory deadline imposed by Pub. Util. Code § 1701.2(d) should be extended, effective immediately, until further order.

INTERIM ORDER

IT IS ORDERED that:

1. Complainants' requests to dismiss Case (C.) 99-12-029 and C.00-02-027 are denied.

2. Within 30 days of the effective date of this order, AT&T Communications of California, Inc. (AT&T) and Pacific Bell (Pacific) shall submit to the Director of Consumer Services Division (CSD) all records pertaining to the allegations contained in the complaints.

3. Within 180 days of the effective date of this order, CSD shall file a report addressing the issues identified in the Scoping Memo and recommend whether the complaints should be dismissed. Intervenors may conduct discovery and reply to CSD's recommendations within 30 days.

4. The motion of Greenlining Institute and Latino Issues Forum to intervene is granted.

5. AT&T Communications of California, Inc. and Pacific Bell shall retain for three years (from September 6, 2000) all records pertaining to the allegations contained in the complaint.

6. The 12-month statutory deadline in this proceeding, March 21, 2000, is extended until further order.

This order is effective today.

Dated , at San Francisco, California.

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