ALJ/KAJ/GEW/sid Mailed 1/9/2004
Decision 04-01-019 January 8, 2004
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking Into Implementation of Senate Bill 669 and Assembly Bill 1734, as They Affect the Deaf and Disabled Telecommunications Equipment and Services Program Fund. |
Rulemaking 03-03-014 (Filed March 13, 2003) |
OPINION
This decision grants the California Coalition of Agencies Serving the Deaf and Hard of Hearing, Inc. (Coalition) an award of $27,409.26 in compensation for its substantial contributions to Decision (D.) 03-06-070. In that decision, the Commission adopted new charters for the Telecommunications Access for the Deaf and Disabled Administrative Committee (TADDAC) and two other advisory committees dealing with the Deaf and Disabled Telecommunications Program (DDTP).
1. Background
The DDTP is a quasi-governmental entity subject to the oversight of the Commission. It is responsible for providing telecommunications services to the deaf and disabled communities of California. This rulemaking proceeding dealt with implementation of Senate Bill (SB) 669 and Assembly Bill (AB) 1734. SB 669 codifies six advisory boards to advise the Commission on administration of eight telecommunications programs, including the DDTP. AB 1734 was urgency legislation enacted on June 20, 2002, requiring fund transfers for the DDTP to commence on July 1, 2003. Resolution T-16703, approved by the Commission on December 17, 2002, adopted a transition plan for the DDTP in order to comply with SB 669 and AB 1734.
The Coalition timely filed its notice of intent (NOI) to claim compensation on April 24, 2003. In response, the assigned Administrative Law Judge (ALJ) ruled on May 29, 2003, that the Coalition is a Category 3 customer as described in Pub. Util. Code § 1802(b) and is an organization authorized by its bylaws to represent the interests of residential customers. The ALJ decided that the Coalition had fulfilled the requirements of § 1804(a)(2)(A)(ii) by having submitted an itemized estimate of compensation expected to be requested, and that it had demonstrated significant hardship pursuant to § 1803.
The current proceeding was the latest Commission activity in response to the administrative transition of the DDTP, as well as the Commission's other public programs, mandated initially by SB 669. AB 1734 postponed the transition of the DDTP from July 1, 2002, to July 1, 2003, and set forth various legislative directives regarding future DDTP administration. The postponement was necessary because of the complexity of the DDTP administrative structure and operations.
D.03-06-070 dealt with Telecommunications Division recommendations in Resolution T-16703, recommendations by the DDTPAC pursuant to AB 1734, and comments from a public workshop held on October 9, 2002.
Consistent with the requirement of Pub. Util. Code § 1804(c), the Coalition filed this request for compensation within 60 days of the date of issuance of D.03-06-070. No party has opposed the Coalition's request for compensation.
