3. Contributions to Resolution of Issues

The Coalition's participation in this proceeding met the Commission's criteria for determining whether an intervenor has made a substantial contribution of a Commission decision. The Coalition has been involved in all of the Commission's public activities, including the proceedings resulting in prior decisions that responded to SB 669 and AB 1734 (i.e., D.02-04-059, D.01-09-064, and D.01-07-023 as modified by D.02-01-018). The Coalition participated in workshops and submitted written comments on draft resolutions and in rulemaking proceedings. The Coalition also has corresponded with Commission staff and met with staff on a number of occasions.

This is the first time that the Coalition has sought compensation for the time and effort its representatives have spent contributing to the Commission's implementation of the two legislative bills. Listed below are some of the issues upon which Coalition attorney time was spent, along with the contributions made by the Coalition.

3.1 Moving Placement Program

In two sets of comments in connection with the adoption of Resolution T-16703 and in its opening comments in this proceeding, the Coalition urged transferring oversight of the TTY Placement Program from the Payphone Service Providers Committee to the DDTP. The Coalition argued that AB 1734 amended the Public Utilities Code sufficiently to allow such a transfer. Although the Commission did not order such a transfer, believing the transfer to contravene the current statutory language, it agreed with the Coalition that there were compelling reasons for a transfer and stated that it would explore the possibility of introducing legislation to change the Code.

3.2 Issue Expansion and Budget Responsibility

The Coalition urged the Commission to take advantage of the specialized knowledge of the TADDAC and its advisory committees by making clear in the TADDAC charter that the Commission may direct that committee to consider issues that go beyond the DDTP. The Coalition also took issue with a proposed elimination of charter language stating that TADDAC is to be concerned with matters that impact the DDTP budget. The Coalition argued that it must consider such issues in making recommendations regarding the annual budget and surcharge rate changes. In its decision, the Commission adopted these changes in whole or in part.

3.3 Contracting Process Involvement

The draft charters in the Order Instituting Rulemaking contained no mention of DDTP committee involvement in the contracting process. The Coalition urged that the charters include a directive to ensure the committees were involved in all phases of the process, stating that the Commission in the past has benefited from such involvement. The ALJ's draft decision agreed that committee members can assist Commission staff, and it included a new charter provision directing TADDAC to assign up to two committee members of its own or from its advisory committees to accomplish this. In its comments, the Coalition took issue with this two-member cap, arguing its need for flexibility. In its final decision, the Commission allowed for a maximum of two members from each of the three DDTP committees to be assigned, instead of only two members from all of the committees.

3.4 Outside Counsel, Non-Voting Liaisons

The Coalition argued that TADDAC should be able to seek and obtain approval to retain outside counsel in appropriate circumstances. Although the Commission did not adopt the Coalition's position, the comments contributed to a more thorough consideration of this issue on the record.

The Coalition pointed out that the draft committee charters had omitted the Primary Service Provider as a non-voting liaison and noted that the Commission had already directed in its resolution that this entity was to be a liaison to the three committees. The adopted charters include the Primary Service Provider as a liaison. The Coalition argued for fewer non-voting liaisons. The ALJ draft decision took a different tack, allowing for the flexibility of having contractor liaisons attend committee meetings on invitation. The Coalition supported this process as reasonable, but suggested clarification language which was adopted in the final decision.

3.5 Member Terms, New Member Appointments

The Coalition responded to the question regarding the staggered terms of committee members by taking the position that terms of the representatives of the disabled community were not sufficiently staggered on the TADDAC and those of the deaf community were likewise insufficiently staggered on the California Relay Service Advisory Committee. The Commission agreed and adopted the Coalition's recommended solutions.

The Coalition also urged that language be added to the TADDAC charter providing for recommendations to the Executive Director regarding the appointment of new committee members. The final decision has TADDAC appointing all members of the three committees instead of merely recommending them to the Executive Director.

3.6 Voting, Contractor Reports

The Coalition urged a less stringent committee voting requirement than that set forth in a draft charter to account for committee members who may need to recuse themselves or who may want to abstain from voting on a matter. The Commission agreed, and the adopted charter contains the more liberal rule.

The draft TADDAC charter included no provisions to ensure that contractor reports were to be shared with TADDAC. The Coalition argued, as did DDTPAC, that the charter should make it clear that this was to occur. The Commission adopted charter provisions to ensure report sharing.

3.7 Other Issues

The final decision adopts Coalition recommendations on committee meeting minutes and distribution. Additionally, the final decision addresses the Coalition's recommendation to keep an odd number of members on the TADDAC by granting authority to TADDAC to expand membership by one or two additional members.