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 CCC P UUUU CCC N N EEEEE W W SSS N E W S R E L E A S E California Public Utilities Commission 505 Van Ness Avenue, Room 5301 San Francisco, CA 94102 CONTACT: Armando Rendon April 5, 1995 (CPUC-026 415-703-1366 (I88-11-040) CPUC APPROVES TYING PHONE SALES TO CELLULAR SERVICE The California Public Utilities Commission (CPUC) today approved "bundling" or tying cellular phone sales with specific cellular providers, reversing its long-standing ban against tie-in sales in the cellular retail market. The Commission stressed that the policy change should stimulate competition and reduce the cost of cellular service while ensuring service quality and customer choice. However, cellular wholesalers, resellers, and retail stores who wish to bundle discounted equipment with specific services must still meet three conditions: o The customer must be offered the option of voluntarily accepting the bundled equipment or of buying only the cellular service; o The cellular service can be offered only if it is tariffed, that is, sold at rates or prices on file with the CPUC; bundled equipment would have no such restrictions; and, o Retail stores must abide by California and federal consumer protection and below-cost pricing laws. Previously, the CPUC prohibited cellular phone stores from selling equipment at a discount only if the customer subscribed to a particular cellular service company. The Commission concluded in prior cases that giving a customer a special rate on a product such as a phone only if they bought a tariffed product, such as installation of phone service, added up to an indirect discount on the tariffed product. Today's decision explains that bundling cellular service and equipment is legal as long as the utility adheres to the tariffed -more- rates and charges so that they do not change the price of the tariffed product either directly or indirectly. Since today's decision grants cellular carriers the ability to offer bundled service and equipment, it also allows bundling by retailers as long as they do not directly or indirectly deviate from the prices of cellular service set by tariff. -###-