5. Assignment of Proceeding

Timothy Alan Simon is the assigned Commissioner and Christine M. Walwyn is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. All parties have agreed to the Settlement Agreement.

2. The Settlement Agreement provides non-business California customers of AT&T wireless phone services with enhanced notification of the International Roaming service and effective means to manage the service by choosing to opt-out, block, or set specific thresholds of usage.

3. The enhanced notification and customer tools provided under the Settlement Agreement are extremely beneficial for all existing customers since many customers may be unaware that they have International Roaming service and/or the features it contains.

4. The Settlement Agreement is also in the public interest as it will ensure future customers are fully informed and that AT&T is quickly alerted to any fraudulent practices that occur while its customers are overseas.

5. Both customers cited by UCAN in this complaint have had their accounts credited in full and no negative reports made by AT&T to a credit bureau.

Conclusions of Law

1. The Settlement Agreement in this proceeding is reasonable in light of the whole record, consistent with the law, and in the public interest.

2. Evidentiary hearings are not necessary.

3. The Settlement Agreement should be approved, and should be effective immediately.

4. The complaint should be dismissed with prejudice.

ORDER

IT IS ORDERED that:

1. The Settlement Agreement, attached as Attachment A, is approved.

2. The complaint is dismissed with prejudice.

3. Case 07-08-033 is closed.

This order is effective today.