Conclusions of Law

1. Except as set forth in the ordering paragraphs below, this order and revised G.O.168 do not relieve any carrier from compliance with any existing Commission decision, rule or general order, any state or federal statute, or any other requirement under the law.

2. Current law prohibits carriers from placing unauthorized charges on their customers' phone bills.

3. The Commission should adopt revised G.O.168, Market Rules to Empower Telecommunications Customers and to Prevent Fraud (Appendix A to this order).

4. The Commission's adoption of revised G.O. 168 does not create a private right of action against any telecommunications carrier nor may the revised general order be used as the predicate for any assertion of liability against a telecommunications carrier including, without limitation, monetary damages, restitution or injunctive relief.

5. The Commission's adoption of revised G.O. 168 does not enlarge or diminish any other rights or preclude any other actions that may be available by law.

6. The incremental benefits of revised G.O. 168 outweigh its incremental costs.

7. The Commission has complied with Public Utilities Code § 321.1.

8. Revised G.O. 168 is based on the record developed in the proceeding and is a reasonable response to the evidence presented in the proceeding.

9. This order should be effective today.