6. Comments on Draft Decision
The draft decision of the ALJ in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on ____________________, and reply comments were filed on ________________.
1. Tioga Pass Resort is located a mile east of the Tioga Pass in Mono County.
2. The Tioga Pass region is a remote, mountainous area at the entrance to Yosemite National Park.
3. Approximately 100,000 visitors each year camp and hike in the Tioga Pass region.
4. The resort uses a radio telephone to communicate with nearby communities.
5. No other telephone facilities are available in the area.
6. Complainant asks that GTEC be compelled to install telephone service at or near the resort.
7. GTEC states that it is willing to provide telephone service but, pursuant to its tariffs, it would require payment of some $800,000 for the cost of line extension and special construction.
8. With the assistance of Commission staff, the parties have explored alternative means of obtaining telecommunications service for the region.
9. While no immediate relief has been forthcoming, complainant has made contact with various individuals and agencies that may be able to provide at least limited telephone service in the future.
10. GTEC moves to dismiss the complaint against it on grounds, among others, that the complaint fails to state a violation of any law, order or rule of the Commission, as required by Pub. Util. Code § 1702.
1. Under GTEC's tariff and rules, it can require a customer in circumstances such as those of the complainant to pay special construction charges and line extension charges as a pre-condition to GTEC's providing service.
2. GTEC's requirement that the complainant advance special construction and line extension charges does not violate any law or any order or rule of the Commission.
3. GTEC's motion to dismiss the complaint should be granted.
4. This case should be closed, effective immediately, so that complainant can pursue other avenues for obtaining telephone service.
IT IS ORDERED that:
1. The motion of GTE California Incorporated to dismiss this complaint for failure to state a violation of any provision of law or of any order or rule of the Commission, as required by Pub. Util. Code § 1702, is granted.
2. Case 99-08-047 is closed.
This order is effective today.
Dated , at San Francisco, California.
