3. Procedural Background

By ruling on August 6, 2002, the Assigned Commissioner provisionally confirmed the preliminary scoping memo set out in the ordering paragraphs of the OII. Subsequently, in the first interim opinion in this proceeding, Decision (D.) 02-10-061 (which granted Cingular's petition for modification of the OII but denied its motion to dismiss), the Commission modified the preliminary scoping memo in certain minor respects. D.02-12-048, the second interim opinion, granted Cingular's motion for an extension of the 12-month timeline for resolving adjudicatory proceedings and, under the authority of §1701.2(d), extended the resolution deadline to October 17, 2003.

The administrative law judge (ALJ) held nine days of evidentiary hearings from April 1 through 11, 2003. Cingular, CPSD and intervenor UCAN each filed opening and reply briefs. Consistent with the scoping memo and its revisions, this proceeding was submitted on June 27. By ruling on July 10, the ALJ set aside submission to cure a defect in the record and thereafter, on July 11, 2003 resubmitted this proceeding. The ALJ's presiding officer's opinion (POD) mailed within the 60-day period thereafter, as §1701.2(a) requires.