XII. Preliminary Scoping Memo
By this order, we commence a rulemaking proceeding to consider revisions to existing service quality standards applicable to telecommunications carriers. The proceeding shall be conducted in accordance with Article 2.5 of the Commission's Rules of Practice and Procedure (Rules).99 All certificated and registered telecommunications carriers are designated as respondents to this order. As required by Rule 6(c)(2), this order includes a preliminary scoping memo100 as set forth below.
The scope of this rulemaking is to review and revise, supplement and expand, as necessary, those elements of G.O. 133-B and to add new measures, procedures, standards and reports to our service quality rules.
The final scope of the issues will be determined in one or more scoping rulings issued by the assigned Commissioner pursuant to Rules 6(c)(2) and 6.3. The Commission recently reviewed Pacific's and Verizon's service quality during its 4th triennial review of the NRF. 101 The Commission has not yet issued its decision in that proceeding. Therefore, the scope of this instant rulemaking may be revised when or after we issue a decision in R.01-09-001/I.01-09-002. The scope of this instant rulemaking may also be revised if and when we issue a decision in R.00-02-004 (Establishing Rules Governing Telecommunications Consumer Protection).
Pursuant to Rule 6(c)(2), we preliminarily determine that (1) the category of this proceeding is "quasi-legislative" as that term is defined in Rule 5(d),102 and (2) there is no need for evidentiary hearings. If any commenting party believes that evidentiary hearings are required, it shall file a motion requesting hearings within 15 days after filing reply comments. The motion shall identify the specific issues raised in comments or reply comments for which the party believes hearings are necessary and why the comments do not provide sufficient basis on which the Commission can reach its decision. If a motion requesting hearings is granted, the time, place, and scope of the evidentiary hearings will be set in one or more rulings issued by the assigned Commissioner or the assigned Administrative Law Judge (ALJ).103
Questions to which the Commission seeks comment are listed in Attachment 1. The preliminary schedule for this proceeding is set forth in Attachment 2 of this order.
99 The Rules of Practice and Procedure are posted on the Commission's web site at www.cpuc.ca.gov. 100 Rule 5(m) defines "scoping memo" as an order or ruling describing the issues to be considered in a proceeding and the timetable for resolving the proceeding. 101 R.01-09-001/I.01-09-002. 102 Rule 5(d) defines "quasi-legislative" proceedings are proceedings that establish policy or rules (including generic ratemaking policy or rules) affecting a class of regulated entities, including those proceedings in which the Commission investigates rates or practices for an entire regulated industry or class of entities within the industry. 103 In a quasi-legislative proceeding, the assigned Commissioner is the presiding officer, except that the assigned Administrative Law Judge, in the assigned Commissioner's absence, shall act as presiding officer at any hearing other than a formal hearing, as defined in Rule 8(f)(2). (Rule 5(k)(3))
