CCC PPPPP U U CCC N N EEEEE W W W SSS C C P p U U C C NN N E W W W S S C P P U U C N N N E W W W S C PPPPP U U C N N N EEE W W W W SSS C P U U C N N N E WW WW S C C P U U C C N NN E W W S S COC P UUUU CCC N N EEEEE W W SSS California Public Utilities Commission 505 Van Ness Avenue, Room 5301 San Francisco, CA 94102 CONTACT: Armando Rendon April 15, 1996 CPUC-036 415-703-1366 (I96-04-024) CPUC WILL INVESTIGATE HEARTLINE/TNT ON SLAMMING CHARGES The California Public Utilities Commission (CPUC) today served notice on Heartline Communications, Inc., (Heartline) and Total National Telecommunications, Inc., (TNT) that they are under investigation for illegal business practices in the state, including operating without CPUC authority, using a scheme to avoid CPUC regulation while providing long distance toll service, and "slamming," the unauthorized switching of a phone service provider. The CPUC believes these companies are now one entity under single control but, even if not, they must respond to the investigation individually or jointly. A hearing is scheduled for Tuesday, April 23, at 9 a.m. at the State Office Building, 505 Van Ness Avenue, in San Francisco, to allow the companies to show why their being prohibited by the Commission from switching consumers' long distance service providers to Heartline/TNT is not warranted. Heartline has refused to respond to CPUC staff requests for information about its operations and its ties with TNT. As a long distance provider, Heartline cannot offer intrastate service of any kind without CPUC approval. However, it seems to have done just that through arrangements with other long distance carriers. Heartline, a Houston-based corporation, filed for a permit in September 1994 to resell long distance service in California, but withdrew its application this January. TNT, also a Houston- based firm, provides service under the name Total World Telecom. It applied for a permit to provide intrastate toll service in June 1995, and was granted this authority last September. When preliminary review of Heartline's application began, -more- CPUC staff discovered numerous slamming complaints against Heartline. Further, although the company did not have appropriate authority, it was apparently offering intrastate toll service without CPUC approval. Since mid-November, Pacific Bell (Pacific) has reported receiving 10,561 slamming complaints against TNT. In February alone, according to Pacific, 39 percent of the consumers switched to TNT informed Pacific that they had not authorized the switch. TNT is also apparently targeting Spanish language consumers: 57 percent of the 10,561 complaints were Spanish language consumers. Because Heartline/TNT resells other long distance carriers' service, consumers often first thought they had been slammed by another carrier. When consumers finally determined Heartline was the company that switched them, Heartline would say it had a written and signed letter authorizing the switch. The authorization document Heartline has provided turns out to be a copy of a raffle ticket or sweepstakes entry form that the consumer might have filled out at a laundromat, oil change shop, or restaurant, typically offering a free trip to Hawaii or a free car. ###