Findings of Fact

1. A primary role of the Commission is to protect consumers against fraud.

2. Consumer education coupled with clearly delineated rights, a competitive marketplace, and effective enforcement of regulations, laws and guidelines arms consumers with the tools necessary to empower themselves when making decisions about telecommunications products and services.

3. Public safety is critical to consumer protection, and as such, we hold that public safety rights are properly included in the Consumer Bill of Rights.

4. Increasing competition in the provision of telecommunications services reduces the need for Commission regulation of telephone service providers.

5. There is no conclusive showing on the record that telephone customers in general are significantly dissatisfied with their service or that their level of dissatisfaction is increasing.

6. Many calls made through a wireline phone could be made through a wireless phone or over the Internet using VoIP.

7. Many calls made using a wireless phone could be made using a wireline phone or over the Internet using VoIP.

8. Some laws and regulations are applicable only to providers of basic service.

9. Regulations applicable to providers of basic service are not necessarily applicable to providers of wireless service.

10. Carriers introduced credible evidence that detailed prescriptive regulations would impose significant new costs on them.

11. Carriers introduced credible evidence that consumer are protected by existing rules, laws and guidelines.

12. Actual use under real world conditions is the best way to determine if a wireless phone meets a customer's needs.

13. Repealing the Interim Non-Com Rules does not alter or reduce carriers' obligations under P.U. Code § 2890, which bars carriers from placing any unauthorized charges, including charges for non-communications services, on a phone bill.

14. The record developed in this proceeding does not support the imposition of new detailed prescriptive regulations on telephone service providers.

15. Wireless companies introduced no credible evidence that that they will suffer significant costs due to extension of rules regarding compliance with CAB requests for information, employee identification and emergency 911 service to wireless carriers.

16. The rules requiring compliance with CAB requests for information support the Commission's mission to oversee the telecommunications industry.

17. The rules requiring employee identification and the provision of 911 service promote public safety.

18. The Interim Opinion Adopting Interim Rules Governing the Inclusion of Non-Communications-Related Charges in Telephone Bills, D.01-07-030, called for a re-evaluation of the interim rules after 18 months.

19. The rules pertaining to non-communications-related charges on telephone bills have never been formally re-evaluated.

20. The record developed in this proceeding shows that the Interim Non-Communication Rules are extremely burdensome.

21. The Interim Non-Com Rules create an irrational regulatory regime in which consumers can incur expensive obligations to pay for telecommunications services without entering a PIN, but must enter a PIN when incurring even modest non-communications charges.

22. There are ways of verifying charges other than requiring the entering of a PIN.

23. The repeal of the Interim Non-Com Rules will not likely result in any significant detriment to consumers.

24. A telecommunication consumer education program developed and publicized in conjunction with carriers and community organizations is the most effective way to empower consumers to choose among competing providers and service offerings.

25. Enhanced enforcement of existing laws and regulations, including increased cooperation with other law enforcement bodies, is the most effective way to protect consumers against fraud and deception in the provision of telecommunication services.