4. Cingular's Obligation to Pay

Cingular argues that because its rates are not based on Commission-determined costs, and thus, because the Commission cannot authorize "a dollar-for-dollar rate adjustment to rates" under § 1807 to ensure the utility recovers the costs of any intervenor compensation awards from its ratepayers, a legal questions arises as to whether Cingular is even subject to § 1801 et seq. Cingular suggest that this issue was left unresolved in D.98-04-059, which addressed the issues in the Commission's most recent, major intervenor compensation proceeding, R.97-01-009/I.97-01-010, and suggests that the matter should be briefed. A closer reading of D.98-04-059 makes clear that the Commission considered and decided this matter, finding that in a competitive ratemaking regime, utility management may choose whether or not to factor the costs of intervenor compensation awards into rates. (See D.98-04-059, mimeo. at 61 and Conclusions of Law 12, 17; D.98-04-059, mimeo. at 3-7 [granting ltd. rehrg. and modifying D.8-04-059 on other grounds.) Cingular is a "telephone corporation" under § 234 and as a "telephone utility" under § 1801.3, is subject to the intervenor compensation provisions of § 1801 et seq. No briefs are necessary.

IT IS RULED that:

1. Utility Consumers' Action Network's (UCAN) Notice of Intent (NOI) is deemed to have been timely filed on July 30, 2002.

2. UCAN is a customer, as defined by § 1802(b).

3. The April 8, 2002 Administrative Law Judge ruling in Case 02-01-007 found that UCAN had made a showing of significant financial hardship, as defined by § 1802(g). Because this proceeding was filed within one year of that ruling, § 1804(b)(1) creates a rebuttal presumption of eligibility.

4. Cingular Wireless' (Cingular) response to the NOI does not establish facts which rebut the presumption of that UCAN's significant financial hardship showing should apply to this investigation.

5. UCAN has fulfilled the requirements of § 1804(a)(2)(A) by providing a statement of the nature and extent of its planned participation and an itemized estimate of the compensation it expects to request.

6. UCAN is eligible to file for an award of intervenor compensation at the conclusion of this proceeding. UCAN shall comply with the record keeping directives detailed in this ruling.

7. Cingular is subject to the intervenor compensation provisions of § 1801 et seq. and no briefs on this issue are necessary.

Dated August 28, 2002, at San Francisco, California.

		/s/ JEAN VIETH
		Jean Vieth Administrative Law Judge

CERTIFICATE OF SERVICE

I certify that I have by mail this day served a true copy of the original attached Administrative Law Judge's Ruling on UCAN's Notice of Intent to Seek Compensation on all parties of record in this proceeding or their attorneys of record.

Dated August 28, 2002, at San Francisco, California.

/s/ FANNIE SID

Fannie Sid

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.