On July 24, 1995, the California Public Utilities Commission approved D.95-07-054 which permitted competition for local exchange service. This document is offered as a guide to those who may be interested in providing local exchange service within California. Before an individual or entity can offer local exchange service, an application must be filed before the Public Utilities Commission. The Rules of Practice and Procedure, specifically Rules 2 through 8 and Rules 15 through 18, govern the basic content of any application filed with the Commission. General Order No. 96-A sets forth the rules governing the filing and posting of schedules of rates, rules and contracts relating to rates applicable to telecommunications utilities. Attachment A and B to D.95-07-054 provide initial rules for local service competition and consumer protection, and consumer information rules for competitive local carriers. On August 17, 1995, a managing Commissioner's ruling was issued in this case. This ruling directed that the issues of local exchange carrier pricing flexibility and franchise impacts be heard in the local competition proceeding. Two ALJ rulings were issued on August 17 and August 18, 1995. The first included an attachment entitled "Filing Guidelines for the CLC Process". The second established a procedural schedule. Questions concerning filing applications can be directed to the Docket Office at (415) 703-2121 between the hours of 10:00 AM and 3:00 PM Pacific Daylight Time. August 24, 1995 G. O. 96-A GOES HERE TITLE 20: PUBLIC UTILITIES AND ENERGY DIVISION 1: PUBLIC UTILITIES COMMISSION CHAPTER 1: RULES OF PRACTICE AND PROCEDURE Article 2. Filing of Documents Rule 2. Form and Size of Tendered Documents Documents tendered for filing must be typewritten, printed, or reproduced on paper 8 1/2 inches wide and 11 inches long. Any larger attachments must be legibly reduced or folded to the same size. The type must be no smaller than 10 points. The impression must use 1 1/2-line or double spacing, except that footnotes and quotations in excess of a few lines may be single-spaced. Both sides of the paper may be used. A document of more than one page must be bound on the left side or upper left-hand corner. If a transmittal letter is submitted (see Rule 8.01(c)), it must not be bound to the tendered document. All copies must be clear and permanently legible. NOTE: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Rule 3. Caption, Title, and Docket Number (a) All documents tendered for filing must have a blank space of at least 1 1/2 inches tall by 2 1/2 inches wide in the upper right-hand corner for a docket stamp and must show on the first page: (1) at the top, the heading "BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA"; (2) in the upper left below the heading, the caption for the proceeding; (3) to the right of the caption, the docket number (if one has been assigned); (4) below the caption and docket number, the title of the document and the name of or shortened designation for the party tendering the document. The title page may extend to additional pages if these required items cannot be set forth on one page. The name, mailing address, telephone number, and, if available, facsimile transmission number of the person authorized to receive service and other communications on behalf of the party tendering the document must be set forth either on the title page of the document or following the signature at the end of the document (see Rule 4). Documents initiating new proceedings must leave a space to the right of the caption for the docket number. (See Rule 88.) (b) Separate documents must be used to address unrelated subjects or to ask the Commission or the administrative law judge to take essentially different types of action (e.g., a document entitled "Complaint and Motion for Protective Order" would be improper; the filing must be split up into two separate documents). (c) Persons and corporations regulated by the Commission must include their assigned Case Information System (CIS) Identification Number in the captions of documents initiating new proceedings and in the titles of other documents filed in existing cases (e.g., "Application of Pacific Bell (U 1001 C) for Rehearing of Decision 91-01-001"). NOTE: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Section 701, Public Utilities Code. Rule 4. Signatures (a) A document tendered for filing must have a signature at the end of the document and must state the date of signing, the signer's address, and the signer's telephone number. (b) A signature on a document tendered for filing certifies that the signer has read the document and knows its contents; that to the signer's best knowledge, information, and belief, formed after reasonable inquiry, the facts are true as stated; that any legal contentions are warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law; that the document is not tendered for any improper purpose; and that the signer has full power and authority to sign the document. (See Rule 1.) (c) A document tendered for filing must be signed either by a party or by the attorney or representative of the party. If the document is signed by the party, it must be signed as follows: (1) If the party is an individual or sole proprietorship, by the individual or proprietor. (2) If the party is a corporation, trust, or association, by an officer. (3) If the party is a partnership or limited partnership, by a partner or general partner, respectively. (4) If the party is a governmental entity, by an officer, agent, or authorized employee. (d) If a document is tendered for filing on behalf of more than one party, only one party (or one party's attorney or representative) need sign the document unless otherwise required by these rules. The title or first paragraph of the document must identify all parties on whose behalf the document is tendered and state their Case Information System Identification Numbers, if applicable (see Rule 3(c)). The signature of a party in these circumstances certifies that the signer has been fully authorized by the indicated parties to sign and tender the document and to make the representations stated in subsection (b) on their behalf. (e) Except as otherwise required in these rules or applicable statute, either the original signature page or a copy of the original signature page is acceptable for tendering for filing. If a copy of the signature page is tendered, the signer must retain the original, and produce it at the administrative law judge's request, until the Commission's final decision in the proceeding is no longer subject to judicial review. (f) The Commission may summarily deny a party's request, strike the party's pleadings, or impose other appropriate sanctions for willful violation of subsections (b) or (d) of this rule. The Commission may seek appropriate disciplinary action against an attorney for a willful violation of subsections (b) or (d) of this rule. NOTE: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Section 447, Code of Civil Procedure. Rule 5. Service (a) Except as otherwise provided in these rules or applicable statute, service of a document may be effected by delivering or mailing a copy of the document by first-class mail to each person whose name is on the official service list or applicable special service list, to the assigned administrative law judge, and to any other person required to be served by statute, by Commission rule or order, or by the administrative law judge. Delivery may be made by handing a copy of the document to the person or leaving it in a place where the person may reasonably be expected to obtain actual and timely receipt. Service by mail is complete when the document is deposited in the mail. The administrative law judge may require more expeditious service or a particular form of service in appropriate circumstances. (b) With the prior consent of the party being served or at the direction of the administrative law judge, service may be made by facsimile transmission, by modem, or by other electronic means. Such service is complete upon successful transmission. (c) If a document, including attachments, exceeds 75 pages or with the permission of the administrative law judge, parties may serve a Notice of Availability in lieu of all or part of the document. (The original document and copies filed with the Commission, however, must be complete (see Rule 7).) A copy of the complete document must be served on any party who has previously informed the serving party of its desire to receive a complete copy. The Notice of Availability must comply with Rule 3(a) and must state the document's exact title and summarize its contents. The Notice must state that a copy of the document will be served at the request of the party receiving the notice and must state the name, telephone number, and facsimile transmission number, if any, of the person to whom such requests should be directed. The party sending the Notice must serve any party making such request within one business day after receipt of the request. (d) A copy of the certificate of service must be attached to each copy of the document (or Notice of Availability) served and to each copy filed with the Commission. If a Notice of Availability is served, a copy of the Notice must also be attached to each copy of the document filed with the Commission. The certificate of service must state: (1) the exact title of the document served, (2) the place, date, and manner of service, and (3) the name of the person making the service. The certificate filed with the original of the document must be signed by the person making the service (see Rule 4(e)). The certificate filed with the original of the document must also include a list of the names and addresses of the persons and entities served and must indicate whether they received the complete document or a Notice of Availability. (See Rule 88, Form No. 6.) (e) The Process Office shall maintain the official service list for each pending proceeding. A party may change its address for service or its designation of a person for service by sending a written notice to the Process Office and serving a copy of the notice on each party on the official service list. (f) The administrative law judge may correct and make minor changes to the official service list and may revise the official service list to delete inactive parties. Before establishing a revised service list, the administrative law judge will give each person on the existing service list notice of the proposed revision and an opportunity to respond to the proposal. (g) The administrative law judge may establish a special service list for documents related to a portion of a proceeding. A special service list allows service to be made on only a portion of the official service list. A special service list may be established, for example, for one phase of a multiphase proceeding or for documents related to issues that are of interest only to certain parties. Before any special service list is established, the administrative law judge will give each person on the official service list notice of the proposal to establish a special service list and an opportunity to show why that person should be included on the special service list or why a special service list should not be established. NOTE: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. References: Sections 1704, 3732-3735, Public Utilities Code; Sections 1013, 1013a, Code of Civil Procedure. Rule 6. Verification (a) Whenever a document is required to be verified by these rules, statute, order, or ruling, the verification must be made either by affidavit sworn or affirmed before a notary public or by declaration under penalty of perjury. When the verification is made by the person who signs the document, the verification must be separately stated and signed. (b) The verification must be signed (see Rule 4(e)) and state that the contents of the document are true of the verifying person's own knowledge, except as to matters that are stated on information or belief, and as to those matters that he or she believes them to be true. (See Rule 88.) (c) At least one applicant must verify applications (except applications for rehearing) and amendments thereto. Applications under Article 9 must be signed and verified by all applicants. At least one complainant must verify complaints and amendments thereto. At least one of the defendants filing an answer must verify it, but if more than one answer is filed in response to a complaint against multiple defendants, each answer must be separately verified. (d) If these rules require a party to verify a document, it must be verified as follows (except as provided in subsection (e)): (1) If the party is an individual or sole proprietorship, by the individual or sole proprietor. (2) If the party is a corporation, trust, or association, by an officer. (3) If a party is a partnership or limited partnership, by a partner or general partner, respectively. (4) If the party is a governmental entity, by an officer, agent, or authorized employee. (e) A party's attorney or representative may verify a document on behalf of a party if the party is absent from the county where the attorney's or representative's office is located, or if the party for some other reason is unable to verify the document. When a document is verified by the attorney or representative, he or she must set forth in the affidavit or declaration why the verification is not made by the party and must state that he or she has read the document and that he or she is informed and believes, and on that ground alleges, that the matters stated in it are true. NOTE: Sources: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Section 446, Code of Civil Procedure. Rule 7. Copies (a) Unless otherwise required by these rules, and except for complaints (see Article 3), any person tendering a document for filing must submit an original and seven exact copies of the document (including any attachments but not including the transmittal letter, if any (see Rules 8.01(c), 8.12)). After an official service list is established in a proceeding (see Rule 5(e), (f), (g)), any person tendering a document for filing in that proceeding must submit an original and four copies of the document. (b) In lieu of the original, one additional copy of the document may be tendered. If a copy is tendered instead of the original, the party tendering the document must retain the original, and produce it at the administrative law judge's request, until the Commission's final decision in the proceeding is no longer subject to judicial review. NOTE: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Rule 8. Amendments and Errata (a) An amendment is a document that replaces and supersedes a previously filed document or adds new material to an existing document. (1) An amendment to a previously filed application, protest, complaint, or answer must be filed and served at least five days before the scheduled date of hearing. Thereafter, amendments to these documents may be filed and served as permitted or directed by the administrative law judge. Amendments to other documents may be filed and served at any time, with the permission of the administrative law judge. (2) If replies, responses, protests, or answers to a document are required or permitted, the time for filing a reply, response, protest, or answer to an amended document is calculated from the date the amendment is served. If a party has responded to, replied to, protested, or answered the document as previously filed, no additional response, reply, protest, or answer to new information or material presented by an amendment is necessary. If the changes presented in the amendment are minor and the parties have already had an opportunity to respond to, reply to, protest, or answer the original document, the administrative law judge may limit or prohibit any further replies, responses, protests, or answers. (b) Minor typographical corrections or wording changes that do not alter the substance or tenor of a document or the relief requested therein need not be made. However, an optional filing of errata listing such corrections to a previously filed document may be made at any time, provided the correcting document is served on all parties. The filing of such errata will not be noted in the Daily Calendar. NOTE: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Rule 8.01. Other Requirements (a) Specific types of documents may be subject to additional requirements stated in other articles of these rules. Additional or different requirements for certain types of filings are stated in the Public Utilities Code or in the Commission's decisions, General Orders, or resolutions. (b) Except as otherwise required or permitted by these Rules or the Commission's decisions, General Orders, or resolutions, testimony and exhibits shall not be filed with the Docket Office (see Article 17). (c) A letter transmitting documents to the Docket Office for filing is not required unless acknowledgment of the filing (Rule 8.12) is requested. NOTE: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Rule 8.11. Time, Place, and Review of Filing; Docket (a) Unless otherwise directed, all documents must be tendered for filing at the Commission's Docket Office at the State Building, 505 Van Ness Avenue, San Francisco, California 94102, at the Commission's Offices in the State Building, 107 Broadway, Los Angeles, or at the Commission's Offices in the State Building, 1350 Front Street, San Diego. All documents sent through the mail must be addressed to the Commission's Docket Office in San Francisco. Only hand-delivered documents will be accepted by the Los Angeles or San Diego office. First-class postage charges to San Francisco must be paid at the time documents are tendered to the Los Angeles or San Diego office. Payment of postage charges may be made by check or money order. (b) Tendered documents are not considered filed until they have been reviewed and accepted for filing by the Docket Office in San Francisco. (c) If a document complies with these rules and is accepted for filing by the Docket Office in San Francisco, the filing will be recorded as of the date it was first tendered for filing at the Commission's San Francisco, Los Angeles, or San Diego office. (d) Any tendered document that does not comply with applicable rules, Commission orders, or statutes may be rejected. Rejected documents will be returned with a statement of the reasons for the rejection. Documents submitted in response to a rejected document will not be filed. (e) If a tendered document does not comply with applicable requirements, the Docket Office, with the consent of the party tendering the document, may retitle the document or strike part of the document, and the document as modified may be accepted for filing. The party tendering the document must notify all parties served with the document of the modification or striking. (f) If a tendered document does not comply with applicable requirements, the party tendering the document may, in the body of the document, request waiver of the requirements to which the document does not conform. The request must state the reasons justifying the waiver. The assigned administrative law judge will decide whether or not to waive the requirements as requested. If the waiver is granted, the document will be filed as of the date it was tendered for filing. (g) If a tendered document is in substantial, but not complete, compliance with Rules 2 through 8, the Docket Office may notify the party tendering the document of the defect. If the defect is cured within seven days of the date of this notification, the document will be filed as of the date it was tendered for filing, provided that the document was properly served as required by these Rules on or before the date the document was tendered for filing. (h) Acceptance of a document for filing is not a final determination that the document complies with all requirements of the Commission and is not a waiver of such requirements. The Commission, the Executive Director, or the administrative law judge may require amendments to a document, and the Commission or the administrative law judge may entertain appropriate motions concerning the document's deficiencies. (i) If a document initiates a new proceeding, the proceeding will be assigned a docket number when the document is accepted for filing. The Chief Administrative Law Judge shall maintain a docket of all proceedings. NOTE: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Rule 8.12 Acknowledgments The Docket Office will provide an acknowledgment of the filing of any document on request, provided the filing party furnishes, at the time the document is tendered, an extra copy of a letter of transmittal or of the document and a self-addressed envelope with postage fully prepaid. The extra copy of the letter of transmittal or of the document will be stamped with the filing stamp and docket number and returned by mail. NOTE: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Rule 8.13. Computation of Time When a statute or Commission decision, rule, order, or ruling sets a time limit for performance of an act, the time is computed by excluding the first day (i.e., the day of the act or event from which the designated time begins to run) and including the last day. If the last day falls on a Saturday, Sunday, or holiday when the Commission offices are closed, the time limit is extended to include the first day thereafter. NOTE: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Section 12, Code of Civil Procedure. Rule 8.14. Filing Fees Filing fees required by the Public Utilities Code are set forth in the following table. If the fee in the table conflicts with the fee stated in the appropriate statute, the statute prevails. Filings marked with an asterisk should be submitted to the Tariff and License Branch of the Safety and Enforcement Division. Type of Filing Type of Utility Fee PU Code Reference Application for Certificate of Public Convenience and Necessity (CPCN) Express corporation $1,000 '1010(b) Freight forwarder $1,000 '1010(b) Passenger stage corporation UNLESS already operating in the immediate vicinity under the Commission's jurisdiction $500 $75 '1036(a) '1904(a) * Highway common carrier $1,000 '1064 Cement common carrier $1,000 '1064 Passenger air carrier $150 '2754 All others, including street railroads, gas corporations, electric corporations, telegraph corporations, telephone corporations, water corporations, and common carrier vessels $75 ''1001, 1007, 1008, 1904(a) Application to sell, mortgage, lease, assign, transfer, or encumber a CPCN Express corporation $150 '1010(c) Freight forwarder $150 '1010(c) Passenger stage corporation $300 '1036(b) * Highway common carrier $150 '1064.1(a) * Cement common carrier $150 '1064.1(a) Passenger air carrier $150 '2756 All others, including street railroads, gas corporations, electric corporations, telegraph corporations, telephone corporations, water corporations, and common carrier vessels $75 '1904(a) * Application to register Interstate highway carrier $5 per vehicle, plus $25 for carriers exempt from ICC regulation ''3910(b), 3911, Res. TL-18520, Res. TL-18582 * Private carrier $25-$35 '4006(a), (b) * Application for license Motor transportation broker $500 '4822(b) * Application for permit Highway permit carrier (i.e., highway contract carrier, tank truck carrier, vacuum truck carrier, cement contract carrier, dump truck carrier, livestock carrier, agricultural carrier, heavy-specialized carrier) $1,000 '5004(a) * Household goods carrier $500 '5136 * Charter-party carrier of passengers $500 plus $15 per tour bus to a maximum of $6500 '5373.1 (a), (b) * Application for issuance or renewal of Class A certificate Charter-party carrier of passengers $500 plus $15 per tour bus up to a maximum of $6500 ''5371.1 (b), 5373.1(a) (1), (b) *Application for issuance or renewal of Class B certificate Charter-party carrier of passenger $500 plus $15 per tour bus up to a maximum of $6500 ''5371.1 (b), 5373.1(a) (2), (b) * Application for issuance or renewal of Class C certificate (until Jan. 1, 1994) Charter-party carrier of passengers $500 (Class B certificate fee may be transferred) plus $15 per tour bus to a maximum of $6500 ''5371.1 (b), 5373.1(a) (3), (b), (e) * Application to sell, lease, assign, or otherwise transfer or encumber a certificate Charter-party carrier of passengers $300 '5377.1 * Application for issuance or renewal of seasonal permit Agricultural carrier $25 '5004(d) * Livestock carrier $25 '5004(d) * Application for issuance or renewal of temporary permit Dump truck carrier $25 '5004(d) * Application to acquire or control Highway common carrier $150 '1064.1(b) * Cement common carrier $150 '1064.1(b) * Highway permit carrier (i.e., highway contract carrier, tank truck carrier, vacuum truck carrier, cement contract carrier, dump truck carrier, livestock carrier, agricultural carrier, heavy-specialized carrier) $150 '5004(c) * Application to sell, mortgage, lease, assign, transfer, or otherwise encumber a permit Highway permit carrier (i.e., highway contract carrier, tank truck carrier, vacuum truck carrier, cement contract carrier, dump truck carrier, livestock carrier, agricultural carrier, heavy-specialized carrier) $150 or $25 for transfer after death of permittee and after court distribution of estate, or if no probate or court distribution necessary '5004(b) * Application to transfer permit Household goods carrier $150 or $25 for transfer after death of permittee and after court approval of distribution of estate, or if no probate or court distribution necessary '5136 NOTE: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. References: Sections 1001, 1007, 1008, 1010, 1036, 1064, 1064.1, 1904, 2754, 2756, 3910, 3911, 4006, 4822, 5004, 5136, 5371.1, 5373.1, and 5377.1, Public Utilities Code. Rule 8.15. Daily Calendar A Daily Calendar of newly filed proceedings and proceedings set for hearings shall be available for public inspection at the Commission's San Francisco and Los Angeles offices. The Daily Calendar shall indicate the time and place of the next three regularly scheduled Commission meetings. Printed copies of the Daily Calendar may be obtained by subscription at such price as may be established by the Commission. The Commission may also provide for electronic access to the Daily Calendar. NOTE: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. EXCERPTS OF RULES 15 THROUGH 18 APPLICABLE TO COMPETITIVE LOCAL CARRIERS PETITIONS Article 4. Applications Generally 15. (Rule 15) Contents. All applications shall state clearly and concisely the authorization or relief sought; shall cite by appropriate reference the statutory provision or other authority under which Commission authorization or relief is sought; and, in addition to specific requirements for particular types of applications (see Rules 18 through 41), shall state the following: ( a) The exact legal name of each applicant and the location of principal place of business, and if an applicant is a corporation, trust, association, or other organized group, the State under the laws of which such applicant was created or organized. ( b) The name, title, address and telephone number of the person to whom correspondence or communications in regard to the application are to be addressed. Notices, orders and other papers may be served upon the person so named, and such service shall be deemed to be service upon applicant. ( c) Such additional information as may be required by the Commission in a particular proceeding. ( d) Applications for ex parte action shall set forth the basis for such request, and those seeking the granting of relief pending full hearing shall set forth the necessity for such relief. 16. (Rule 16) Articles of Incorporation. If applicant is a domestic corporation, as defined by Section 167 of the Corporations Code, a copy of its current articles of incorporation, certified by the California Secretary of State, shall be annexed to the original of the application, but need not be annexed to copies of the application. If a corporate applicant is not a domestic corporation, as so defined, a properly certified current copy of its articles of incorporation, and a copy of its certificate of qualification to transact intrastate business certified by the California Secretary of State, shall be annexed to the original of the application, but need not be annexed to copies of the application. If current articles or certificates of qualification have already been filed, the application need only make a specific reference to such filings. (b) If applicant is a partnership, a copy of its current partnership agreement shall be annexed to the original application, but need not be annexed to copies of the application. If a current partnership agreement has already been filed, the application need only make specific reference to such filing. In lieu of filing the partnership agreement, applicant may file a current statement of partnership recorded pursuant to Section 15010.5 of the Corporations Code, or a current certificate of limited partnership recorded pursuant to Section 15502 of the Corporations Code, as appropriate. 17. (Rule 17) Financial Statement. Wherever these rules provide that a financial statement shall be annexed to the application, such statement, unless otherwise provided herein, shall be prepared as of the latest available date, and shall show the following information: (a) Amount and kinds of stock authorized by articles of incorporation and amount outstanding. ( b) Terms of preference of preferred stock, whether cumulative or participating, or on dividends or assets, or otherwise. ( c) Brief description of each security agreement, mortgage and deed of trust upon applicant's property, showing date of execution, debtor and secured party, mortgagor and mortgagee and trustor and beneficiary, amount of indebtedness authorized to be secured thereby, and amount of indebtedness actually secured, together with any sinking fund provisions. ( d) Amount of bonds authorized and issued, giving name of the public utility which issued same, describing each class separately, and giving date of issue, par value, rate of interest, date of maturity and how secured, together with amount of interest paid thereon during the last fiscal year. ( e) Each note outstanding, giving date of issue, amount, date of maturity, rate of interest, in whose favor, together with amount of interest paid thereon during the last fiscal year. ( f) Other indebtedness, giving same by classes and describing security, if any, with a brief statement of the devolution or assumption of any portion of such indebtedness upon or by any person or corporation if the original liability has been transferred, together with amount of interest paid thereon during the last fiscal year. ( g) Rate and amount of dividends paid during the five previous fiscal years, and the amount of capital stock on which dividends were paid each year. ( h) A balance sheet as of the latest available date, together with an income statement covering period from close of last year for which an annual report has been filed with the Commission to the date of the balance sheet attached to the application. 17.1. (Rule 17.1) Special Procedure for Implementation of the California Environmental Quality Act of 1970. (Preparation and Submission of Environmental Impact Reports.) (a) General. This rule has been developed and adopted pursuant to the California Environmental Quality Act of 1970, Public Resources Code Sections 21000 et seq. (CEQA), and the guidelines for implementation of CEQA promulgated by the Office of the Secretary for Resources, California Administrative Code Sections 15000 et seq. (EIR Guidelines.) The Commission hereby adopts and shall adhere to the principles, objectives, definitions, criteria and procedures of CEQA, the EIR Guidelines, and the additional provisions of this rule. (b) Objectives. ( 1) To carry out the legislative intent expressed in CEQA, Public Resources Sections 21000 and 21001, and specifically: ( 2) To ensure that environmental issues are thoroughly, expertly, and objectively considered within a reasonable period of time, so that environmental costs and benefits will assume their proper and co-equal place beside the economic, social, and technological issues before the Commission, and so that there will not be undue delays in the Commission's decision-making process. ( 3) To assess in detail, as early as possible, the potential environmental impact of a project in order that adverse effects are avoided, alternatives are investigated, and environmental quality is restored or enhanced, to the fullest extent possible. ( 4) To achieve an appropriate accommodation between these procedures and the Commission's existing planning, review, and decision-making process. (c) Applicability. This rule shall apply to CEQA for which Commission approval is required by law, except projects for which an application must be filed with the California Energy Resources Conservation and Development Commission pursuant to Public Resources Code, Section 25500. (d) Proponent's Environmental Assessment. The proponent of any project subject to this rule shall include with the application for such project an environmental assessment which shall be referred to as the Proponent's Environmental Assessment (PEA). The PEA shall be employed by the Commission to quickly focus on any impacts of the project which may be of concern, and may be used as an aid in preparing the Commission's Initial Study to determine whether to prepare a Negative Declaration or an Environmental Impact Report. Where it is found that CEQA requires such analysis and documentation the PEA may be employed in the preparation thereof. ( 1) Form and Content. If it can be seen with certainty that there is no possibility that the project in question may have a significant adverse effect on the environment, the project PEA should be limited to a statement of this conclusion and any additional explanation or information which may be necessary for an independent assessment of such issue by the Commission. If it cannot be seen with certainty that there is no possibility that the project in question may have a significant adverse effect on the environment, then the PEA shall include all information and studies required by the Commission Information and Criteria List applicable to the project, and shall be submitted in the format specified in such list. ( 2) Filing. The PEA shall be filed as a separate exhibit accompanying the application or pleading. It need not be physically attached thereto. The proponent shall file an original, twelve conformed copies and such additional copies of its PEA as may be required by the Commission for the review process. ( 3) Commission Information and Criteria Lists. The Commission shall adopt and revise as necessary a list specifying in detail the information and studies which will be required from proponents of projects subject to this rule. These information lists shall also contain criteria which the Commission will apply in order to determine the completeness of PEAs. These lists shall be contained within the Commission's Information and Criteria List adopted pursuant to Chapter 1200 of the Statutes of 1977 (Government Code Sections 65940 through 65942), and shall be made available to the public upon request from California Public Utilities Commission Environmental Impact Branch, 350 McAllister Street, San Francisco, California 94102. (e) Motions. Appropriate motions may be made in any proceeding subject to this rule. (1) Such Motions include but are not limited to: (A) Motion for determination of whether the Commission is the Lead Agency for purposes of CEQA and this rule; (B) Motion for determination of who is the proponent of the project at issue; (C) M otion for a public hearing under section (g); (D) Motion for an expedited hearing under section (g) (2); (E) Motion for the determination of the reasonableness of the deposit or fee required under section (j). ( 2) A motion for determination of whether the proceeding involves a project subject to or exempt from CEQA and this rule may be made pursuant to Rule 17.2 ( 3) A motion made under Section (e) filed in a proceeding seeking ex parte action or prior to hearing in other proceedings shall be served upon all parties upon which service of the application, complaint, order instituting investigation, or other order was made or required to be made. If a motion is made during the course of a hearing, it shall be served on all parties of record. ( 4) The Commission staff and all other parties upon whom the motion is required to be served shall have 10 calendar days in which to respond unless the presiding officer or Administrative Law Judge for good cause shown otherwise orders. (f) Preparation of Environmental Documents. The procedures for preparation of environmental documents required under CEQA and the EIR Guidelines shall be as prescribed in CEQA, the EIR Guidelines, and the additional provisions of this rule. (1) Negative Declarations. (A) Notice of the preparation of a Negative Declaration shall be given by direct mail to all organizations and individuals having previously requested such notice, and to owners of land, under, or on which the project may be located, and owners of the land adjacent thereto. Notice shall also be given to the general public by advertisement, not less than once a week, two weeks successively in a newspaper or newspapers of general circulation in the county or counties in which the project will be located. (B) Negative Declarations shall be completed and adopted within 105 days of the date on which the project application is accepted as complete. (C) Negative Declarations shall be available for public comment not less than 30 days prior to project approval should the project be approved. (2) Draft EIRs. (A) The proponent's PEA reviewed, corrected, amended and independently evaluated and analyzed by the staff may become the Commission's Draft EIR. (B) Notice of Completion of the Draft EIR shall be given by direct mail to the county and municipal planning commissions and the county and municipal legislative bodies for each county or city affected by the project, the state highway engineer, other organizations and individuals having previously requested notification, and to owners of land under, or on which the project may be located, and owners of land adjacent thereto. Notice shall also be given to the general public by advertisement, not less than once a week, two weeks successively in a newspaper or newspapers of general circulation in the county or counties in which the project will be located. (3) Final EIRs. (A) Final EIRs shall be completed and certified within one year of the date on which the project application is accepted as complete. (B) Copies of the Final EIR shall be served upon all parties to the proceeding. ( 4) Public Availability of Environmental Documents. Copies of PEA, Initial Studies, Negative Declarations, Draft EIRs, Final EIRs, and any other public environmental documents shall be available to members of the public who may be charged their actual cost of reproduction and handling. ( 5) Extensions of Time. Consistent with the intent and purposes of CEQA, and Chapter 1200 Statutes 1977 (Government Code Sections 65920 et seq.), and to the extent permitted by CEQA, Chapter 1200, and the EIR Guidelines, reasonable extensions of time periods specified in CEQA, Chapter 1200, the EIR Guidelines, and in this rule may be granted. Such extensions include extensions of time periods specified in sections (f) (1) (B) and (f) (3) of this rule. (g) Hearings. Unless the Commission, presiding officer or Administrative Law Judge by order otherwise provides, public hearings shall be held upon each Negative Declaration and each Draft EIR for which a protest or motion under section (e) (1) (C) or (e) (1) (D) of this rule is received. ( 1) Ex Parte Proceedings. If no protest or motion under section (e) is received within 30 days following the notice of completion of the Draft EIR or the notice of preparation of the Negative Declaration, the Final EIR or Negative Declaration may be completed and certified or completed and adopted without public hearing. ( 2) Expedited Hearings on Environmental Issues. Any public hearing held concerning environmental issues may by order of the Commission, the presiding officer, or Administrative Law Judge be expedited for the purpose of facilitating agency compliance with the time constraints imposed upon Commission application processing by Chapter 1200 Statutes 1977 (Government Code Sections 65950, 65951, and 65952) and rules 17.1 (f) (1) (B) and (f) (3) through the implementation of such procedures as may in the discretion of the Commission, the presiding officer or Administrative Law Judge be found necessary and appropriate. Such procedures may include but need not be limited to any, or any combination of the following: (A) L imitations on the time allotted to each party; (B) Limitations upon the scope of the issues and testimony; (C) L imitation or elimination of cross-examination. ( 3) Notice. Any public hearing held shall be held not less than 45 calendar days after the Draft EIR has been made available for public inspection and comment, and no less than 21 calendar days after the Negative Declaration has been made available. ( 4) Evidence. Evidence in support of the project based upon the proponent's PEA shall be presented by the proponent at any hearing ordered by the Commission. All other parties may offer evidence in support of their environmental positions. Comments received through the consultation process shall be made a part of the record in the proceeding and shall be utilized to the maximum extent permissible under the Commission rules. (h) Categorical Exemptions. (1) The following specific projects are within the classes of projects which the Secretary for Resources has exempted from the EIR requirements of CEQA: (A) Class 1 Exemptions. 1. Restoration and repair of existing structures when they have deteriorated or are damaged, in order to meet current standards of public health and safety under the rules of the Commission or other public authority, where the damage is not substantial and did not result from an environmental hazard. 2. The operation, repair, maintenance, or minor alteration of existing facilities used to convey or distribute electric power, natural gas, water, or other substance. 3. The maintenance of landscaping around utility facilities. 4. The maintenance of native growth around utility facilities. 5. Al teration in railroad crossing protection. 6. Minor railroad crossing alterations as described in Guidelines Section 15101(c) and (f), including, but not limited to filings under General Order No. 88. 7. Installation of new railroad-highway signals or signs. 8. Abandonment, removal, or replacement of the following railroad facilities: (a) stock corrals, (b) tracks, or (c) platforms. 9. Deviation requests filed under General Orders Nos. 26-b and 118 as to clearances and walkways. (B) Class 2 Exemptions. 1. The replacement or reconstruction, including reconductoring of existing utility structures and facilities where the new structure or facility will be located on the same site as the replaced structure or facility and will have substantially the same purpose and capacity as the structure replaced. 2. Minor reconstruction or repair of railroad crossings or separations. (C) Class Exemptions. 1. Stores and offices for utility purposes if designed for an occupant load of 20 persons or less, if not in conjunction with the building of two or more such structures. 2. Water main, sewage, electrical, gas, and other utility extensions of reasonable length to serve such construction. 3. Accessory (appurtenant) structures to utility structures including garages, carports, patios, and fences. ( D) Class 4 Exemptions. New gardening or landscaping in conjunction with utility facilities or structures not to include the removal of mature, scenic trees, the filling of earth into previously excavated land, with material compatible with the natural features of the site, and minor temporary uses of land having negligible or not permanent effect on the environment. ( E) Class 5 Exemptions. Projects which require the issuance of street opening permits to permit minor alterations in land use limitations. ( F) Class 6 Exemptions. The preparation and filing of basic data, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. This includes the filing of informational reports with the Commission. ( G) Class 7 Exemptions. Commission decision-making activities which are intended to assure the maintenance, restoration, or enhancement of a natural resource, where procedures for the protection of the environment have been included. ( H) Class 8 Exemptions. Commission decision-making activities if they consist of action taken to assure the maintenance, restoration, enhancement, or protection of the environment, such as, in connection with the issuance of instructions or orders having to do with existing utility facilities, where procedures for the protection of the environment have been included. Construction activities are not included in this exemption. ( I) Class 21 Exemptions. Commission activities which consist of enforcing or revoking a lease, permit, certificate or other entitlement which activities do not ordinarily involve significant effects on the environment. (i) Lead Agency Determinations. ( 1) The Commission is the lead agency for the following stationary utility projects: (A) Electric transmission lines and generation plants under General Order No. 131-B, over which the Energy Resources Conservation and Development Commission does not have primary jurisdiction. (B) Gas storage facilities and major gas transmission lines. (C) New and noncontiguous facility projects (independent of subdivisions). (D) Radiotelephone utility facilities. (E) T elephone service area expansions. (F) P roceedings directly related to new construction of utility facilities. (G) Applications for exemptions from undergrounding requirements, except where the electric or telephone distribution lines are incidental to a development project over which a city, county, or other political subdivision has the primary decision-making responsibility. ( 2) The Commission is the lead agency in certification proceedings involving passenger stage and railroad corporations, passenger air and highway common carriers, Class B charter-party carriers of passengers, and vessels. ( 3) The Commission is the lead agency for railroad projects involving a grade separation, new street crossing, new railroad track crossing, or railroad crossing relocation or widening project, except that where the project is to be carried out by a state or local public agency. (j) Fees for Recovery of Costs Incurred in Preparing EIRs. ( 1) For any project where the Commission is the lead agency responsible for preparing the EIR to Negative Declaration the proponent shall be charged a fee to recover the actual cost of the Commission in preparing the EIR or Negative Declaration. A deposit shall be charged the proponent as set forth below: A deposit of thirty dollars ($30) for each one thousand dollars ($1,000) of the estimated capital cost of the project up to one hundred thousand dollars ($100,000), ten dollars ($10) for each one thousand dollars ($1,000) over one hundred thousand dollars ($100,000) and up to one million dollars ($1,000,000), five dollars ($5) for each one thousand dollars ($1,000) over one million dollars ($1,000,000) and up to five million dollars ($5,000,000), two dollars ($2) for each one thousand dollars ($1,000) over five million dollars ($5,000,000) and up to ten million dollars ($10,000,000), one dollar ($1) for each one thousand dollars ($1,000) over ten million dollars ($10,000,000) and up to one hundred million dollars ($100,000,000), and fifty cents ($0.50) for each one thousand dollars ($1,000) over one hundred million dollars ($100,000,000). A minimum deposit of five hundred dollars ($500) shall be charged for projects with an estimated capital cost of sixteen thousand dollars ($16,000) or less. If a project lacks a capital cost basis, the Commission, presiding officer, or Administrative Law Judge shall determine, as early as possible, the deposit to be charged. ( 2) The deposit shall be collected whenever an EIR or Negative Declaration is requested or required. The costs of preparing the EIR or Negative Declaration shall be paid from such deposits. ( 3) Proponent shall pay the applicable deposit in progressive payments due as follows: One-third of the deposit at the time the application or pleading is filed, an additional one-third no later than 120 days after the time the application or pleading is filed, and the remaining one-third no later than 180 days after the time the application or pleading is filed. Failure to remit fully payment of the deposit no later than 180 days after the time the application or pleading is filed may subject the proponent to a fine not exceeding 10 percent of the outstanding amount due. If the costs exceed such deposit the proponent shall pay for such excess costs within 20 days of the date stated on the Commission's bill for any excess costs. If the costs are less than the deposit paid by the proponent, the excess shall be refunded to the proponent. 17.2. (Rule 17.2) Motion for Determination of Applicability of CEQA. Any party may file in any proceeding before the Commission a motion for determination of whether the proceeding involves a project subject to or exempt from the California Environmental Quality Act of 1970, Public Resources Code, Sections 21000 et seq., and Rule 17.1. 17.3. (Rule 17.3) Review and Approval of Development Projects. Review of development projects within the meaning of Chapter 1200 of the Statutes of 1977 (Government Code Sections 65920 et seq.) shall be in accord with the procedures and requirements of that chapter, the Permit Guidelines promulgated by the Office of Planning and Research for implementation thereof (State Administrative Manual Sections 1070 et seq.), and applicable rules and procedures of the Commission. Commission Information and Criteria Lists for applications subject to Chapter 1200, Statutes 1977 shall be available from: California Public Utilities Commission, Environmental Impact Branch, 350 McAllister Street, San Francisco, California 94102, (415) 557-0443. Article 5. Applications for Certificates of Public Convenience and Necessity 18. (Rule 18) Construction or Extension. (Electric or street railroad, gas, electric, telephone, telegraph, or water utility.) This rule applies to applications, under Section 1001 of the Public Utilities Code, by any new public utility for a certificate to begin the construction of its plant or system, or by an existing public utility to begin construction of an extension of such a character as to require certification under Section 1001 of the Public Utilities Code. (See Rule 37.) In addition to being drafted to comply with Rules 2 through 8, 15 and 16, such applications shall contain the following data, either in the body of the application or in exhibits attached thereto: ( a) A full description of the proposed construction or extension, and the manner in which the same will be constructed. (b) The names and addresses of all utilities, corporations, persons or other entities, whether publicly or privately operated, with which the proposed construction is likely to compete, and of the cities or counties within which service will be rendered in the exercise of the requested certificate. Whenever a public utility applies to the Commission to extend or establish its water service within a county water district, a public utility or municipal utility district, or other water or utility district, or any area served by such district, such district shall also be named, if it furnishes a like service. The application shall contain a certification that a copy of the application has been served upon or mailed to each such party named. (c) A map of suitable scale showing the location or route of the proposed construction or extension, and its relation to other public utilities, corporations, persons, or entities with which the same is likely to compete. (d) A statement identifying the franchises and such health and safety permits as the appropriate public authorities have required or may require for the proposed construction or extension. (e) Facts showing that public convenience and necessity require, or will require, the proposed construction or extension, and its operation. (f) A statement detailing the estimated cost of the proposed construction or extension and the estimated annual costs, both fixed and operating, associated therewith. In the case of a utility which has not yet commenced service or which has been rendering service for less than twelve months, the applicant shall file as a part of the application supporting statements or exhibits showing that the proposed construction is in the public interest and whether it is economically feasible. (g) Statements or exhibits showing the financial ability of the applicant to render the proposed service together with information regarding the manner in which applicant proposes to finance the cost of the proposed construction or extension. (h) A statement of the proposed rates to be charged for service to be rendered by means of such construction or extension. If any increase in rates is proposed, comply with Rule 23. (i) A statement corresponding to the statement required by Section 2 of General Order No. 104-A, as to all known matters which both (a) are designated by said section for inclusion in the annual report but occurred or were proposed subsequent to the period covered by the last previous annual report filed by the applicant and (b) are, or will be, connected with the construction or extension proposed in the application; or, if no such matters are known to have so occurred or are then known to be proposed, a statement to that effect; provided, that an applicant whose capital stock, or that of its parent company, is listed on a "national securities exchange," as defined in the Securities Exchange Act of 1934 (15 U.S.C. 78(a), et seq.), in lieu of the statement required by this rule shall include in the application a copy of the latest proxy statement sent to stockholders by it or its parent company if not previously filed with the Commission, provided, further, that an applicant whose capital stock, or that of its parent company, is registered with the Securities and Exchange Commission (S.E.C.) pursuant to the provisions of Section 12 (g) of said Securities Exchange Act of 1934, in lieu of the statement required by this rule shall include in the application a copy of the latest proxy statement sent to stockholders by it or its parent company containing the information required by the rules of the S.E.C. if not previously filed with the Commission. (j) In the case of a telephone utility, the estimated number of customers and their requirements for the first and fifth years in the future. (k) In the case of gas utility seeking authority to construct a pipeline: ( 1) Regarding the volumes of gas to be transported: (A) A statement of the volumes to be transported via the proposed pipeline including information on the quality of gas and the maximum daily and annual average daily delivery rates. (B) A statement that copies of summaries of all contracts for delivery and receipt of gas to be transported via the proposed pipeline and information on the reserves and delivery life pertaining thereto will be made available for inspection on a confidential basis by the Commission or any authorized employee thereof. The terms and provisions of individual contracts for gas supply and data as to reserves or delivery life of individual gas suppliers shall not be required to be stated in the application or in the record of the proceedings, and if disclosed to the Commission or to any officer or employee of the Commission on a confidential basis as herein provided, shall not be made public or be open to public inspection. (2) A summary of the economic feasibility, the market requirements and other information showing the need for the new pipeline and supply. (3) Where the gas to be transported through the pipeline is to be purchased by the applicant from, or transported by the applicant for, an out-of-state supplier: (A) A copy of the proposed tariff under which the gas will be purchased or transported. (B) A statement that the out-of-state pipeline supplier has agreed: (1) to file with this Commission copies of annual reports which it files with the Federal Power Commission; (2) to file with this Commission monthly statements of its revenues, expenses and rate base components; (3) to file with this Commission copies of its tariffs as filed from time to time with the Federal Power Commission; and (4) at all times to permit this Commission or its staff reasonable opportunity for field inspection of facilities and examination of books and records, plus assurance that reasonable requests for operating information otherwise prepared in the course of business will be supplied in connection with any proceeding before the Federal Power Commission. (l) In the case of an electric utility proposing to construct an electric generating plant: ( 1) Load and resource data setting forth recorded and estimated loads (energy and demands), available capacity and energy, and margins for two years actual and three years estimated, on an average year basis. ( 2) Existing rated and effective operating capacity of generating plants and the planned additions for a three-year period. ( 3) Estimated capital and operating costs of power to be generated by the proposed plant for all competitive fuels which may be used under legislative restrictions in the proposed plant. ( 4) For any nuclear plant, a statement indicating that the requisite safety and other license approvals have been obtained or will be applied for, and that a copy of the application to this Commission has been furnished to the State Coordinator of Atomic Energy Development and Radiation Protection. (m) In the case of a water utility: ( 1) An estimate of the number of customers and the requirements for water for the first and fifth years in the future, and the ultimate future development anticipated by applicant, together with a description of the proposed normal, and emergency standby, water facilities for production, storage and pressure to serve the area for which the certificate is sought. ( 2) A statement of the estimated operating revenues and estimated expenses, by major classes, including taxes and depreciation, for the first and fifth years in the future attributable to operations in the proposed area. (3) If the applicant has operated as a water utility elsewhere in the State of California for a period in excess of one year prior to filing the application, a general statement of the operating plans for the proposed area, including a statement whether a new area will be served by existing personnel or will constitute a separate district to be served by new personnel. If the applicant has not operated as a water utility elsewhere in the State of California for a period in excess of one year prior to filing the application, a description of the operating plans for the proposed area, including, to the extent available, but not necessarily limited to, such items as qualifications of management and operating personnel, proposed operating pressures for the system, plans for water treatment, availability of utility personnel to customers, billing procedures, emergency operation plans and provision for handling customer complaints. (n) In the case of an application by a water utility in an area in which the facilities have already been constructed, extended or installed: ( 1) A detailed statement of the amount and basis of the original cost (estimated if not known) of all plant and of the depreciation reserve applicable thereto. ( 2) If the facilities have been rendering service in the area for which the certificate is sought, and (A) The rates proposed are the same as the tariff rates in the district which includes the area to be certificated, the application shall also include a summary of earnings on a depreciated rate base with respect to such area for the test period or periods upon which applicant bases its justification for the rates to be applied in such area; otherwise (B) The application shall also comply with Rule 23, including the furnishing of the information specified in subsections (e) and (f) thereof but made applicable to the proposed rates; provided, however, the information required by subsections (b) and (c) thereof need be furnished only when increases are proposed. (o) In the case of an application to furnish one-way paging or two-way mobile radiotelephone service (other than cellular mobile radiotelephone service), the following requirements apply in addition to those enumerated in Rules 1 through 8, 15 through 17.1, and (a), (b), (d), first sentence of (f), (g), (h), and (i) above: ( 1) When the applicant obtains the relevant construction permit from the Federal Communications Commission (FCC) it shall, no later than 30 days after the grant of the relevant construction permit(s), submit its application, including a legible copy of the engineering data submitted to the FCC and a legible copy of its FCC permit(s), to this Commission. The proposed new service area, or the effect of changed facilities on the utility(s) existing service area, if any, will be shown on a fully legible engineered service area contour map, of suitable scale, prepared in accordance with the applicable criteria set forth in 47 CFR 22. The use of aeronautical charts for this purpose is unacceptable. ( 2) Each application shall address the following matters in a substantial manner and with particularity, consistent with the scope of the authorization sought: ( A) Demonstration that the proposed service is responsive to public need and demand. ( B) Technical feasibility of the proposed system and the technical competence of the applicant. (C) Description of the proposed service including terms, conditions, area of coverage, quality, and features of service, and differences from any service presently provided in the proposed service area. (D) Financial responsibility of the applicant. (E) Economic feasibility of the proposed service in the market to be served. (F) Present operations of the applicant and affiliated companies. (3) Should an existing utility protest such application, the burden shall rest with the protestant to show that the application should not be granted by affirmatively establishing that granting the application will so damage existing service or the particular marketplace as to deprive the public of adequate service. The protest shall conform to Rules 8.1 through 8.8 of the Commission's Rules of Practice and Procedure. A service map of protestant's claimed service area shall be filed with the protest. Protests of a general or nonspecific nature will not be sufficient to warrant consideration by the Commission. ( 4) Should an existing utility propose to provide service in an area contiguous to its authorized service area and not presently receiving radiotelephone service by any utility, an application for a certificate need not be made, but the engineering data required in (1) above shall be provided to the Commission staff. ( 5) Should an existing utility propose an extension of service area which it believes to be minor in nature, but to which (4) above is inapplicable, it shall submit the relevant engineering data to the Commission staff, with a written request for determination of the necessity for a certificate application. Reply will be by letter from an authorized representative of the Commission's Communications Division. In general, an extension will be considered minor if it does not overlap the radio service area of another utility by more than 10% of either utility's radio service area and also does not provide substantial coverage of additional major communities. ( 6) Actions as described in (4) or (5) above, or actions such as construction of fill-in transmitting facilities which do not affect service area boundaries, shall be described in tariff revisions which shall be promptly filed by the utility. (p) Such additional information and data as may be necessary to a full understanding of the situation. 1. PUBLIC POLICY PRINCIPLES AND OBJECTIVES A. It is the policy of the California Public Utilities Commission (Commission) that competition in the provision of local exchange telecommunications services is in the public interest. B. It is the policy of the Commission that, in an environment of competition for local exchange telecommunications services, telecommunications users shall receive ongoing disclosure of the rates, terms and conditions of service from telecommunications providers and shall benefit from a clear and comprehensive set of consumer protection rules. C. It is the policy of the Commission that interconnection of the networks of Competitive Local Carriers (CLCs) and Local Exchange Carriers (LECs) should be accomplished in a technically and economically efficient manner. D. It is the policy of the Commission that all telecommunications providers shall be subject to appropriate regulation designed to safeguard against anti-competitive conduct. E. It is the policy of the Commission that service provider local number portability should be accomplished. F. It is the policy of the Commission that networks of dominant providers of local exchange telecommunications services should be unbundled in such a manner that a carrier is provided access to essential facilities on a nondiscriminatory stand alone basis. G. It is the policy of the Commission that customer privacy rights and concerns be protected in an environment of local exchange competition. H. It is the policy of the Commission to ensure that local exchange competition does not degrade the reliability of the telecommunications network. I. It is the policy of the Commission to encourage intercarrier coordination and cooperation. J. It is the policy of the Commission to monitor, on a periodic basis, the market conditions of the local exchange telecommunications market and reevaluate its policies on local exchange competition accordingly. K. It is the policy of this Commission that Commission-approved tariffs for call termination should reflect costs. 2. SCOPE OF RULES These interim rules apply to the provision of local exchange telecommunications services by CLCs, and where applicable, LECs. Local exchange carrier (LEC) as used in these rules refers to only Pacific Bell and GTE California, until further action by the Commission. 3. DEFINITIONS A. Competitive local carrier (CLC) means a common carrier that is issued a Certificate of Public Convenience and Necessity after the effective date of this order, to provide local exchange telecommunications service for a geographic area specified by such carrier. B. Local exchange carrier (LEC) means any incumbent carrier listed in Appendix C attached hereto. C. Minor rate increases are those which are both less than 1% of the CLC's total California intrastate revenues and less than 5% of the affected service's rates. Increases shall be cumulative, such that if the sum of the proposed rate increase and rate increases that took effect during the preceding 12-month period for any service exceeds either parameter above, then the filing shall be treated as a major increase. D. Major rate increases are increases which are greater than the increases described above. E. Network component means a functional capability of a network, disaggregated from other network capabilities and made available to other carriers and end users separately from all other network capabilities. F. Nondominant interexchange carrier (NDIEC) means an interexchange carrier that is considered nondominant under the Commission's decisions. G. NXX Rating Point means the end office/wire center location designated in the Local Exchange Routing Guide as the assignment point for an NPA-NXX code. H. NXX Service Area means the geographically-bounded area designated as the area within which a LEC or CLC may provide local exchange telecommunication services bearing a particular NPA-NXX designation. I. Local telephone number portability means the ability of end users to retain their existing telephone numbers when remaining at a location, or changing their location within the geographic area served by the initial carrier's serving central office, regardless of the LEC or CLC selected. J. Local exchange loop facility (also known as a basic level network access channel) means a transmission path capable of delivering analog voice grade signals or digital signals at less than 1.544 Mbps between the network interface at a customer's premises and the main distribution frame or any other point of interconnection to the LEC network. K. A port (also known as a basic level network access channel connection) is the interface between the loop and the appropriate LEC Central Office switching equipment. L. Nonfacilities-based CLCs are those which do not directly own, control, operate, or manage conduits, ducts, poles, wires, cables, instruments, switches, appurtenances, or appliances in connection with or to facilitate communications within the local exchange portion of the public switched network. M. Facilities-based CLCs are those which directly own, control, operate, or manage conduits, ducts, poles, wires, cables, instruments, switches, appurtenances, or appliances in connection with or to facilitate communications within the local exchange portion of the public switched network. N. Service territory means the area in which a CLC is authorized to provide service. 4. ENTRY, CERTIFICATION, AND REGULATION OF CLCs A. The Commission shall grant a Certificate of Public Convenience and Necessity (CPCN) to any applicant that possesses the requisite managerial qualifications, financial resources, and technical competence to provide local exchange telecommunications services. B. The Commission shall apply the following financial standards to the certification of CLCs: (1) All new applicants seeking CPCNs for authority to become facilities-based CLCs, as defined in this decision, shall demonstrate in their applications that they possess a minimum of $100,000 of cash or cash equivalent as defined below, reasonably liquid and readily available to meet the firm's start-up expenses. Such applicants shall also document any deposits required by local exchange companies or interexchange carriers (IECs) and demonstrate that they have additional resources to cover all such deposits. (2) All new applicants seeking CPCNs for authority to become nonfacilities-based CLCs, as defined in these rules, shall demonstrate in their applications that they possess a minimum of $25,000 of cash or cash equivalent as defined below, reasonably liquid and readily available to meet the new firm's expenses. Such applicants shall also document any deposits required by LECs or IECs and demonstrate that they have additional resources to cover all such deposits. (3) Applicants for CPCNs as CLCs who have profitable interstate operations may meet the minimum financial requirement by submitting an audited balance sheet and income statement demonstrating sufficient cash flow, as authorized in Decision (D.) 91-10-041 for NDIECs. (4) New applicants for CPCNs as CLCs shall be permitted to use any of the following financial instruments to satisfy the applicable unencumbered cash requirements established by this order. (a) Cash or cash equivalent, including cashier's check, sight draft, performance bond proceeds, or traveler's checks; (b) Certificate of deposit or other liquid deposit, with a reputable bank or other financial institution; (c) Preferred stock proceeds or other corporate shareholder equity, provided that use is restricted to maintenance of working capital for a period of at least twelve (12) months beyond certification of the applicant by the Commission; (d) Letter of credit, issued by a reputable bank or other financial institution, irrevocable for a period of at least twelve (12) months beyond certification of the applicant by the Commission; (e) Line of credit or other loan, issued by a reputable bank or other financial institution, irrevocable for a period of at least twelve (12) months beyond certification of the applicant by the Commission, and payable on an interest-only basis for the same period; (f) Loan, issued by a qualified subsidiary, affiliate of applicant, or a qualified corporation holding controlling interest in the applicant, irrevocable for a period of at least twelve (12) months beyond certification of the applicant by the Commission, and payable on an interest-only basis for the same period; (g) Guarantee, issued by a corporation, copartnership, or other person or association, irrevocable for a period of at least twelve (12) months beyond certification of the applicant by the Commission; (h) Guarantee, issued by a qualified subsidiary, affiliate of applicant, or a qualified corporation holding controlling interest in the applicant, irrevocable for a period of at least twelve (12) months beyond the certification of the applicant by the Commission. (5) The definitions of certain of the financial instruments listed in 4.B (4) and our intent on nondiscriminatory application of these definitions are clarified as follows: (a) All unencumbered instruments listed in 4.a. through 4.h. above will be subject to verification and review by the Commission prior to and for a period of twelve (12) months beyond certification of the applicant by the Commission. Failure to comply with this requirement will void applicant's certification or result in such other action as the Commission deems in the public interest, including assessment of reasonable penalties. (See PU Code '' 581 and 2112.) (b) Applicants for CPCNs as nonfacilities-based CLCs shall assure that every issuer of a letter of credit, line of credit, or guarantee to applicant will remain prepared to furnish such reports to applicant for tendering to the Commission at such time and in such form as the Commission may reasonably require to verify or confirm the financial responsibility of applicant for a period of at least twelve (12) months after certification of the applicant by the Commission. (c) All information furnished to the Commission for purposes of compliance with this requirement will be available for public inspection or made public, except in cases where a showing is made of a compelling need to protect it as private or proprietary information. C. The Commission shall apply the following other standards to its regulation of CLCs: (1) Applicants which currently hold CPCNs as telecommunications providers should apply as prescribed herein to have their current authority expanded to include operating as a CLC. (2) Applicants will be required to comply with CEQA as specified in Rule 17.1 of the Commission=s Rules of Practice and Procedure (3) If a CLC is 90 or more days late in filing the annual report required by General Order (GO) 104-A or in remitting any current or future Commission-mandated surcharge, including but not limited to Universal Lifeline Telephone Service Fund (Public Utilities (PU) Code S 879), DEAF Trust Fund (PU Code S. 2881(d), the California High Cost Fund (PU Code S 739.3), or the user fees on intrastate revenues (PU Code SS 431-435), the Commission Advisory and Compliance Division (CACD) shall prepare a resolution for the Commission's consideration revoking the CLC's CPCN, unless the CLC has received written permission from the CACD to file or remit late. D. The CACD shall on or before January 1, 1997 and at least one time each year thereafter, prepare a list of all current CLCs in good standing operating in California, including addresses, phone numbers, and the name of the responsible contact person at each such utility, and then disseminate that list to all other telecommunications utilities including the local exchange companies and IECs and will provide the list at the Commission's standard per page charge to any other interested party having requested such list. E. CLCs shall be subject to the following tariff and contract filing, revision and service pricing standards: (1) Uniform rate reductions for existing tariff services shall become effective on five (5) working days' notice to the Commission. Customer notification is not required for rate decreases. (2) Uniform major rate increases for existing tariff services shall become effective on thirty (30) days* notice to the Commission, and shall require bill inserts, or a message on the bill itself, or first class mail notice to customers at least 30 days in advance of the pending rate increase. (3) Uniform minor rate increases shall become effective on not less than five (5) working days' notice to the Commission. Customer notification is not required for such minor rate increases. (4) Advice letter filings for new services and for all other types of tariff revisions, except changes in text not affecting rates or relocations of text in the tariff schedules, shall become effective on forty (40) days' notice to the Commission. (5) Advice letter filings revising the text or location of text material which do not result in an increase in any rate or charge shall become effective on not less than five (5) days' notice to the Commission. (6) Contracts shall be subject to GO 96-A rules for NDIECs. (7) CLCs shall file tariffs in accordance with PU Code Section 876. F. The following regulations shall apply to CLCs: (1) CLCs shall be required to serve customers requesting service within their designated service territory on a non-discriminatory basis, but shall not be required to have the same service territory as LEC service territories; (2) Facilities-based CLCs shall at a minimum serve all customers who request service and whose premises are within 300 feet of the CLC's transmission facilities used to provide service so long as the CLC can reasonably obtain access to the point of demarcation on the customer's premises, but the CLC shall not be required to build out facilities beyond such 300 feet. (3) CLCs shall file service territory maps with the Commission that detail the area in which the CLC is authorized to provide service. (4) CLCs shall file quarterly a written description or a map that describes its existing physical facilities. (5) For any interexchange carrier which subscribes to a CLC's switched access services, the CLC is required to provide 1+ presubscription or 10XXX equal access consistent with the equal access rules of this Commission and of the Federal Communications Commission. (6) Facilities-based CLCs are required to make all telecommunications service offerings available for resale, only within the same class of service, on a nondiscriminatory basis. (7) CLCs shall be subject to the obligations of public utilities under the Public Utilities Code, including but not limited to, sections 451 and 453, dealing with the provision of just and reasonable rates and charges; (8) CLCs must obtain Commission approval before discontinuing service in any part of their service area. (9) CLCs shall provide 911 and/or E911 service. (10) To ensure that qualified customers are provided with TDDs or other telecommunications equipment under the DEAF program, a workshop shall be held with LECs, CLCs and other interested parties to determine how the DEAF program should be administered; how to coordinate operator, directory assistance and long distance access services for deaf and disabled customers; and how to accurately track, monitor and report equipment provided to deaf and disabled customers in an environment with more than one provider of local exchange service. Until such time as the Commission has time to act on the workshop report, the CLC shall work with the LEC to ensure that qualified customers are provided with TDDs or other telecommunications equipment under the DEAF program. (11) LECs and CLCs shall develop a program to address the issues regarding access to repair service, i.e., 611, to ensure its integration in the environment of local exchange competition. (12) CLCs shall be subject to the consumer protection rules contained in Appendix B. (13) CLCs shall provide the following reports to the Commission: (a) On a quarterly basis, a copy of all written notices provided to customers, in accordance with Rules 1, 2 and 6 of the consumer protection rules set forth in Appendix B; (b) By April 1 of each year a copy of the CLC's annual report; (c) On a monthly basis, reports regarding major service outages; (d) Reports required in GO 133-B and GO 152-A; and (e) Such other reports required by the Commission. (14) CLCs shall submit all mandated bill insert notices, including notices of basic universal service rate increases, to the Commission's Public Advisor's Office for review and approval, and shall allow the Public Advisor's Office at least five working days to review and approve the proposed bill inserts prior to their issuance to customers. 5. REGULATION OF LECs A. Incumbent LECs shall have provider of last resort responsibilities in their service areas until the Commission makes a decision on the issue in its Universal Service docket. 6. INTERIM NUMBER PORTABILITY A. In the interim, local number portability shall be provided by Remote Call Forwarding, Direct Inward Dialing (DID), or other equivalent means. CLCs are required to arrange for transport facilities to the central office where portability is sought. CLCs shall reciprocate by offering portability to the LECs. B. CLCs will be able to purchase remote call forwarding from the LECs at a price equal to Direct Embedded Cost (DEC). The LECs should establish a Memorandum Account to record the difference between the current tariff rate and the rate to be charged to CLCs. The Commission will review the balance in the Memorandum Account and determine what adjustments are to be made in the amounts and if any is to be recovered. the LECs should recover the balance in the account. 7. INTERCONNECTION OF LEC AND CLC NETWORKS FOR TERMINATION OF LOCAL TRAFFIC A. The interconnection of LEC and CLC networks for the termination of local traffic involves not only the construction and maintenance of the interconnecting facilities, but also the throughput of local terminating traffic across those interconnecting facilities. Local exchange networks shall be interconnected so that customers of any local exchange carrier can seamlessly receive calls that originate on another local exchange carrier's network and place calls that terminate on another local exchange carrier's network without dialing extra digits. In accordance with PU Code 767, parties are encouraged to negotiate interconnection arrangements until mandatory interconnection rules are established. Any interim agreements reached will not be invalidated by these rules. B. Virtual or physical collocation interconnection arrangements are not precluded, and may be implemented by mutual agreement, but shall not be a mandatory form of LEC-CLC interconnection. C. Local traffic shall be terminated by LECs for CLCs and by CLCs for the LECs over the interconnecting facilities described in this Section. D. In the interim, local traffic shall be terminated by the LEC for the CLC and by the CLC for the LEC over the interconnecting facilities described in this Section on the basis of mutual traffic exchange. Mutual traffic exchange means the exchange of terminating local traffic between or among CLCs and LECs, whereby LECs and CLCs terminate local exchange traffic originating from end users served by the networks of other LECs or CLCs without explicit charging among or between said carriers for such traffic exchange. E. Within 12 months of the date of this order, the Commission will review the appropriateness of a bill and keep system, and modify if necessary. (END OF APPENDIX A) 1.0 PURPOSE AND APPLICABILITY 1.1 PURPOSE The purpose of these Consumer Protection Regulations is to establish consumer protection/rules and responsibilities of current or potential customers who take service from CLCs registered to operate within the State of California as authorized by the California Public Utilities Commission. 1.2 APPLICABILITY These Consumer Protection Regulations apply to CLCs and, where noted, to LECs. The provisions here shall be observed subject to the jurisdiction of the California Public Utilities Commission, except if an exemption is made by the Commission, either on its own motion or after investigation of the facts and circumstances involved in a complaint. In case of emergency where public interest requires immediate action, the rules shall not prevent immediate corrective action by the CLC; that action, however, shall be subject to review by the Commission. 2.0 DEFINITION AND TERMS 2.1 APPLICANT (Customer) Any person, corporation or other entity that has applied for service. 2.2 COMMISSION Public Utilities Commission of the State of California. 2.3 INFORMAL COMPLAINT Informal request for assistance made to the Commission's Consumer Affairs Branch (CAB) with supporting documentation concerning a CLC's service, rates or other matters. CAB staff investigates and tries to arrive at an informal adjustment without public hearing or Commission order. Informal complaint files are not available for public inspection. 2.4 FORMAL COMPLAINT A formal charge that a CLC has violated the Public Utilities Code or some order or regulation of the Commission. The complaint must be in writing, be in accordance with the Commission's Rules of Practice and Procedure and made under oath. The proceeding ordinarily requires public hearing and a Commission decision. 2.5 COMPLETED CALL OR TELEPHONIC COMMUNICATION A call, or other telephonic communication, originated by a person or mechanical/electrical device from a number to another number which is answered by a person or mechanical/electrical device. The numbers may be located any distance apart within California; and the communication may consist of voice, data, the combination of both, or other transmission via a wire or wireless medium; and may be for any duration of time. 2.6 CONSUMER AFFAIRS BRANCH (CAB) The Consumer Affairs Branch of the California Public Utilities Commission. 2.7 DATE OF PRESENTATION Postmark date on billing envelope. 2.8 AGENT A business representative, whose function is to bring about, modify, affect, accept performance of, or terminate contractual obligations between a CLC and applicants or customers. 2.9 MINOR RATE INCREASE Minor increases are those which are both less than 1% of the CLC's total California intrastate revenues and less than 5% of the affected service's rates. Increases shall be cumulative, such that if the sum of the proposed rate increase and rate increases that took effect during the preceding 12-month period for any service exceeds either parameter above, then the filing shall be treated as a major increase. 2.10 MAJOR RATE INCREASES Major increases are increases which are greater than the increases described in Section 2.9 of these rules. 3.0 RULES RULE 1 - CLC INFORMATION CLCs shall, on request, provide each applicant for service or customer the following: A. The California Public Utilities Commission identification number of its registration to operate as a telecommunications corporation within California. B. The address and telephone number of the California Public Utilities Commission to verify its authority to operate. C. A copy of these Consumer Protection Regulations. D. A toll-free number to call for service or billing inquiries, along with an address where the customer may write the CLC. E. A full disclosure of all fictitious i.e., Adba@ names. F. The names of billing agents it uses in place of performing the billing function itself. G. Rate information as required by Rule 6(A). RULE 2 - INITIATION OF SERVICE During the initial contact all applicants for residential service must be given information regarding the Universal Lifeline program and its availability. Service may be initiated based on a written or oral agreement between the CLC and the customer. In either case, prior to the agreement, the customer shall be informed of all rates and charges for the services the customer desires and any other rates or charges which will appear on the customer's first bill. If the agreement is oral, within 10 days of initiating the service order, the CLC will provide a confirmation letter setting forth a brief description of the services ordered and itemizing all charges which will appear on the customer*s bill. The letter must be in a language other than English if the sale was in another language. Within 10 days of initiating service, the CLC shall state in writing for all new customers all material terms and conditions that could affect what the customer pays for telecommunications services provided by the CLC. Potential customers who are denied service for failure to establish credit or pay deposit as described in Rule 12 must be given the reason for the denial in writing within 10 days of service denial. RULE 3 - SPECIAL INFORMATION REQUIRED ON FORMS A. Customer Bills The CLC shall be identified on each bill. Each bill must prominently display a toll-free number for service or billing inquiries, along with an address where the customer may write. If the CLC uses a billing agent, the carrier must also include the name of the billing agent it uses. Each bill for telephone service will contain notations concerning the following areas: (1) When to pay your bill; (2) Billing detail including the period of service covered by the bill; (3) Late payment charge and when applied; (4) How to pay your bill; (5) Questions about your bill; (6) Network access for interstate calling; (7) In addition to the above, each bill shall include the following statement: "This bill is now due and payable; it becomes subject to a late payment charge if not paid within 15 [15 days is the minimum number of days in which the CLC can require payment; a CLC may elect to allow customers a longer time to pay the bill.] calendar days of presentation date. Should you question this bill, please request an explanation from (name of CLC). If you believe you have been billed incorrectly you may file a complaint with the California Public Utilities Commission, Consumer Affairs Branch, 505 Van Ness Avenue, San Francisco, CA 94102, or 107 South Broadway, Room 5109, Los Angeles, CA 90012. To avoid having service disconnected, payment of the disputed bill should be made "under protest" to the CPUC or payment arrangements should be made agreeable to the CLC pending the outcome of the Commission's Consumer Affairs Branch review. The Consumer Affairs Branch shall review the basis of the billed amount, communicate the results of its review to the parties and inform you of your recourse to pursue the matter further with the Commission." B. Deposit Receipts Each deposit receipt shall contain the following provisions: "This deposit, less the amount of any unpaid bills for service furnished by (name of CLC), shall be refunded, together with any interest due, within 30 calendar days after the discontinuance of service, or after 12 months of service, whichever comes first. However, deposits may not receive interest if the customer has received a minimum of two notices of discontinuance of service for nonpayment of bills in a 12-month period. RULE 4 - CREDIT ESTABLISHMENT Each applicant for service shall provide credit information satisfactory to the CLC or pay a deposit. Deposits shall not be required if the applicant: A. Provides credit history acceptable to the CLC. Credit information contained in the applicant's account record may include, but shall not be limited to, account established date, "can-be-reached" number, name of employer, employer's address, customer's driver*s license number or other acceptable personal identification, billing name, and location of current and previous service. Credit cannot be denied for failure to provide social security number. B. A cosigner or guarantor may be used providing the cosigner or guarantor has acceptable credit history with the serving CLC or another acceptable local carrier. C. A CLC cannot refuse a deposit to establish credit for service. However, it may request the deposit to be in cash or other acceptable form of payment (e.g., cashier*s check, money order, bond, letter of credit). RULE 5 DEPOSITS In the event the customer fails to establish a satisfactory credit history, deposits are a form of security that shall be required from customers to ensure payment of bills. Deposits shall be no greater than twice the estimated average monthly bill for the class of service applied for. In the event a customer requests services in addition to basic service, the average bill will reflect the aggregate services requested by the customer. Deposits will be refunded with interest within 30 days after discontinuance of service or after 12 months of service, whichever comes first. Interest will be added to the deposit using the 3-month commercial paper rate published by the Federal Reserve Board, except under the following conditions: no interest shall be given if the customer has received a minimum of two notices in a 12-month period as provided under Rule No. 6(B)(2). RULE 6 - NOTICES Notices provided to the customer by the CLC shall be as follows: A. Rate Information (1) Rate information and information regarding the terms and conditions of service shall be provided in writing upon request by a current or potential customer. Notice of major increases in rates shall be provided in writing to customers and postmarked at least 30 days prior to the effective date of the change. No customer notice shall be required for minor rate increases or for rate decreases. Customers shall be advised of optional service plans in writing as they become available. In addition, customers shall be advised of changes to the terms and conditions of service no later than the company's next periodic billing cycle. (2) When a CLC provides information to a consumer which is allegedly in violation of its tariffs, the consumer shall have the right to bring a complaint against the CLC. B. Discontinuance of Service Notice (1) Notice by customers Customers are responsible for notifying the CLC of their desire to discontinue service on or before the date of disconnection. Such notice may be either verbal or written. 2) Notice by CLC Rules in Commission Decision 91188, regarding discontinuance of service related to criminal prosecution, will remain in effect for CLCs. Notices to discontinue service for nonpayment of bills shall be provided in writing by first class mail to the customer not less than 7 calendar days prior to termination. Each notice shall include all of the following information: 1. The name and address of the customer whose account is delinquent. 2. The amount that is delinquent. 3. The date when payment or arrangements for payment are required in order to avoid termination. 4. The procedure the customer may use to initiate a complaint or to request an investigation concerning service or charges. 5. The procedure the customer may use to request amortization of the unpaid charges. 6. The telephone number of a representative of the CLC, who can provide additional information or institute arrangements for payment. 7. The telephone number of the Commission*s Consumer Affairs Branch (CAB) where the customer may direct inquiries. 8. Local service may not be discontinued for nonpayment of Category III or other unregulated competitive services. C. Change in Ownership or Identity Notice CLCs shall notify their customers in writing of a change in ownership or identity of the customer's service provider on the customers* next monthly billing cycle. D. Rules for CLC Notices Notices the CLC sends to customers, or the Commission, shall be a legible size and printed in a minimum point size type of 10 and are deemed made on date of presentation (Sec. 2.7). RULE 7 - PRORATING OF BILLS Any prorated bill shall use a 30-day month to calculate the pro-rata amount. Prorating shall apply only to recurring charges. All nonrecurring and usage charges incurred during the billing period shall be billed in addition to prorated amounts. RULE 8 - DISPUTED BILLS In case of a billing dispute between the customer and the CLC as to the correct amount of a bill, which cannot be adjusted with mutual satisfaction, the customer can make the following arrangement: A. First, the customer may make a request, and the CLC will comply with the request, for an investigation and review of the disputed amount. B. The undisputed portion of the bill must be paid by the Due By Date (No sooner than 15 days of the date of presentation) shown on the bill or the service will be subject to disconnection if the CLC has notified the customer by written notice of such delinquency and impending termination. C. If there is still disagreement after the investigation and review by a manager of the CLC, the customer may appeal to CAB for its investigation and decision. To avoid disconnection of service, the customer must submit the claim and, if the bill has not be paid, deposit the amount in dispute with CAB within 7 calendar days after the date the CLC notifies the customer that the investigation and review are completed and that such deposit must be made or service will be interrupted. However, the service will not be disconnected prior to the Due By Date shown on the bill. D. The CLC may not disconnect the customer's service for nonpayment as long as the customer complies with (B) and (C) above. E. The CLC shall respond to CAB's requests for information within 10 business days. F. CAB will review the claim of the disputed amount, communicate the results of its review to the customer and CLC and make disbursement of the deposited amount. G. After the investigation and review are completed by the CLC as noted in (A) above, if the customer elects not to deposit the amount in dispute with CAB, such amount becomes due and payable at once. In order to avoid disconnection of service, such amount must be paid within 7 calendar days after the date the CLC notifies the customer that the investigation and review are completed and that such payment must be made or service will be interrupted. However, the service will not be disconnected prior to the Due By Date shown on the bill. RULE 9 - BILLS PAST DUE Bills are due and payable on the date of presentation. A late payment charge may be applied if payment is not received by the utility on or before the late payment date which date will be prominently displayed on the customer's bill. The late payment date will be at least 15 days after the date of presentation on the billing envelope. CLCs shall credit payments within 24 hours of receipt to avoid assessing late payment charges incorrectly. RULE 10 - DISCONTINUANCE OF SERVICE A. Service may be discontinued for nonpayment of bills provided: 1. The bill has not been paid by the due date shown on the bill. 2. Notice of the proposed discontinuance is provided pursuant to Rule 6(B)(2). 3. Service is not initially discontinued on any Saturday, Sunday, legal holiday, or any other day CLC service representatives are not available to serve customers. B. Fraud The CLC shall have the right to refuse or discontinue service without advance notice if the acts of the customer are such as to indicate intention to defraud the CLC. This includes fraudulently placing and receiving calls and/or providing false credit information. C. For residence services disconnected for nonpayment, the CLC must continue to provide access to 911 services to the customer. RULE 11 - CHANGE OF SERVICE PROVIDER A. Solicitation of customer authorization for service termination and transfer. Solicitations by LECs, CLCs, or their agents, of customer authorization for termination of service with an existing carrier and the subsequent transfer to a new carrier must include current rate information on the new carrier and information regarding the terms and conditions of service with the new carrier. Solicitations by LECs, CLCs, or their agents, must conform with California Public Utilities Code Section 2889.5. All solicitations sent by LECs, CLCs or their agents to customers must be legible and printed in a minimum point size type of at least 10 points. A penalty or fine of up to $500 may apply for each violation of this Rule. B. Unauthorized service termination and transfer ("Slamming") A LEC or CLC will be held liable for both the unauthorized termination of service with an existing carrier and the subsequent unauthorized transfer to their own service. LECs and CLCs are responsible for the actions of their agents that solicit unauthorized service termination and transfers. A carrier who engages in such unauthorized activity shall restore the customer's service to the original carrier without charge to the customer. All billings during the unauthorized service period shall be refunded to the applicant or customer. A penalty or fine of up to $500 payable to the Commission may apply to each violation of this Rule. As prescribed under PU Code Section 2108, each day of a continuing violation shall constitute a separate and distinct offense. The LEC or CLC responsible for the unauthorized transfer will reimburse the original carrier for reestablishing service at the tariff rate of the original carrier. RULE 12 - FAILURE TO ESTABLISH CREDIT OR PAY DEPOSIT The CLC may refuse service if credit is not established satisfactory to the CLC and may deny or disconnect service if a deposit is not paid as required in Rule 5. RULE 13 - LIABILITY OF CLC The CLC shall not be liable for any failure of performance due to causes beyond its control, including, without limitation to, acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppage or other labor difficulties, and any order, regulation or other action of any governing authority or agency thereof. RULE 14 - PRIVACY CLCs are restricted from releasing nonpublic customer information in accordance with PU Code Sections 2891, 2891.1, and 2893. For each new customer, and on an annual basis for continuing customers, CLCs shall provide in writing a description of how the carrier handles the customer's private information and a disclosure of any ways that such information might be used or transferred that would not be obvious to the customer. CLCs are subject to the credit information and calling record privacy rules set forth in Appendix B of Decision Nos. 92860 and 93361, except as modified by Decision Nos. 83-06-066, 83-06-073, and 83-09-061. RULE 15 - BLOCKING ACCESS TO 900 AND 976 INFORMATION SERVICES At the request of a customer, CLCs shall block that customer's access to 900 and 976 pay-per call telephone information services. CLCs shall inform their customers of the availability of this service at the time service is ordered. This blocking service shall be made available free of charge to residential customers, although CLCs may impose a charge if the customer asks for deactivation of blocking. (END OF APPENDIX B) TRP/sid BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Rulemaking on the ) Commission's Own Motion Into ) Competition for Local Exchange ) R.95-04-043 Service. ) ) ) Order Instituting Investigation ) on the Commission's Own Motion ) I.95-04-044 into Competition for Local Exchange ) Service. ) ) ) ADMINISTRATIVE LAW JUDGE'S RULING This ruling provides parties with a set of guidelines to be followed in preparing petitions for filing with the Commission for certification as competitive local carriers pursuant to D.95-07-054. The guidelines are in the form of questions and answers which have been prepared in response to inquiries from prospective competitors. IT IS RULED that: 1. Prospective candidates intended to file petitions for certification as competitive local carriers pursuant to Decision 95-07-054 shall follow the procedures set forth in the attachment entitled "Filing Guidelines for the CLC Certification Process." 2. In addition to the standard service and filing procedures applicable to the petitions, one copy, with attachments of each petition shall be provided to Douglas Long, Chief, Environmental Branch, Commission Advisory and Compliance Division (CACD), and two copies to Jack Leutza, Chief, Telecommunications Branch, CACD. Dated August 17, 1995, at San Francisco, California. /s/ THOMAS R. PULSIFER Thomas R. Pulsifer Administrative Law Judge CERTIFICATE OF SERVICE I certify that I have by mail this day served a true copy of the original attached Administrative Law Judge's Ruling on all parties of record in this proceeding or their attorneys of record. Dated August 17, 1995, at San Francisco, California. /s/ FANNIE SID Fannie Sid N O T I C E Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number of the service list on which your name appears. ATTACHMENT Page 1 FILING GUIDELINES FOR THE CLC CERTIFICATION PROCESS PER D.95-07-054 General Questions Q1: Should I file a petition or an application for a CPCN? A: Potential CLCs who file on or before 9/1/95 must file a petition in I.95-04-044 in order to be eligible to be certificated by 1/1/96 (facilities-based) or 3/1/96 (resale). The petition should show the Investigation number on the face sheet and also "Petition # ." The Docket Office will fill in the petition number. Eligible petitions filed by 9/1/95 will be processed and approved on a batched basis, by 1/1/96 for facilities-based and by 3/1/96 for resale. For those CLCs applying after 9/1/95, an application must be filed. Applications will be processed and approved individually on a first-come, first-served basis after 1/1/96 and 3/1/96, respectively. Q2: I want to be both a facilities-based provider and a reseller. Do I need to file two separate petitions? A: No. You can file a single petition asking for authority to provide both types of service, but in cases where the requirements differ (as in the financial requirements), you must meet the more stringent requirements. Also, separate maps must be filed for facilities-based and resale service areas and tariffs should clearly indicate the applicable rates for both types of service. Q3: Do petitions need to address only the items found in the Rules appended to D.95-07-054? A: No. The petitions still need to conform with the Rules of Practice and Procedure. The appendices were not meant to be all-inclusive; they merely point out the special requirements required by D.95-07-054. Q4: Which rules in the Rules of Practice and Procedure apply? Only Section 18? A: Rules 2-8 and 15-18 apply. Q5: I want to apply for long distance authority as well as authority to provide local exchange service. May I apply for all authorities in the same petition? ATTACHMENT Page 2 A: No. The petition process established in I.95-04-044 can only be used to request local exchange authority. You must use the regular application process to apply for long distance authority. Q6: Will CACD be willing to have pre-filing meetings with applicants? A: No. CACD will be available to answer questions, but staff will not review and/or preapprove any filings. A system has been set up to notify applicants of deficiencies in their filings and the method to correct the deficiencies. Q7: Can the petition be amended either to correct it or change it after it's been filed; or will this cause the petition to fall from the batch? Does it matter if the petition is amended before or after 9/1/95? A: Petitioners will be given an opportunity to correct deficiencies or factual errors, within very tight time constraints. If petitioners initiate substantive changes to the petitions once they are filed, they will be treated as new filings made subsequent to 9/1/95 subject to processing under the separate application procedure. Q8. How will petitioners be notified regarding deficiencies in their filings? A: Parties will be informed of deficiencies in their filing by the Docket Office, or by the assigned ALJ, Environmental and Energy Advisory Branch (EEAB) Chief or Telecommunications Branch Chief. For deficiencies not related to Rule 17.1, petitioners will be given 15 days from the date of the deficiency notice to correct any deficiencies. If deficiencies are not corrected within the specified timeframe, the CLCs' petition may not be approved by January 1, 1996 (for facilities-based) and March 1, 1996 (resale-based). For deficiencies related to Rule 17.1 EEAB will review the petitioner's PEA and determine within 30 days whether it is acceptable. If the PEA is not acceptable, EEAB will inform the petitioner of the deficiencies and an appropriate mechanism for correcting them. Failure to submit a satisfactory PEA will seriously jeopardize the 1/1/96 or 3/1/96 effective dates. Q9: Will CACD meet with CLCs to discuss deficiencies in petitions? A: CACD will meet with CLCs to discuss any items they don't understand in their deficiency letters. ATTACHMENT Page 3 Q10: Can a company currently in a contingent sale situation simply list the contingency in its petition? A: Yes. However, the company planning to acquire the CLC should be included as the petitioner or applicant as well. Q11: Rule 4B.3 in Appendix A of D.95-07-054 allows an incumbent IEC to make a showing of profitable interstate operations to meet the minimum financial requirement. Would that also apply to intrastate operations? A: There is no rule which allows CLC applicants to make a showing that its intrastate operations are profitable to meet the financial requirements. Q12: Can the financial requirements be met by a parent or affiliate? A: Rule 4.B.(4) subsections (f), (g) and (h) in Appendix A of D.95-07-054 allows for loans or guarantees from subsidiaries, affiliates or a qualified corporation holding a controlling interest in the applicant, as long as the loan or guarantee is irrevocable for 12 months beyond the certification of the applicant by the Commission. Q13: H ow must a CLC petitioner demonstrate that it possesses either $100,000 or $25,000? Will a statement, under penalty of perjury, suffice? A: No. Rule 4.B(4) of Appendix A of D.95-07-054 gives a list of the financial instruments that can be used to satisfy the applicable unencumbered cash requirement. Q14: What is the effective date of the batch of CPCNs? 1/1/96 or the date of the order? A: The CPCNs would be effective as of the date of the order with regards to ordering services from LECs, etc. but CLCs could not begin offering service until 1/1/96. Q15: Who should petitions be served on beyond the service list? Only the incumbent LEC? All cities and counties? Only those where the CLC is asking for authority to construct facilities? What portion of the petition must be served? Does Rule of Practice and Procedure 5(c) apply allowing notice of the petition to be served instead of the whole document? ATTACHMENT Page 4 A: If the petition and attachments together exceed 75 pages, a Notice of Availability in lieu of the Petition may be served in accordance with Rule 5(c). The Petition must be served only on cities and counties in which the CLC is asking for authority to construct facilities. Where no facilities are being constructed, the requirement to be served on all cities and counties shall be waived. Q16: Do amendments have to be served on parties not participating in the proceeding even if they are on the service list? Will the service list be pared down for the investigation portion of this proceeding? A: Amendments to correct deficiencies or factual errors must be served on parties which received the original Petition and exhibits. The service list has been updated to include Appearances at the Prehearing Conference on 8/11/95 and will not be pared down for the investigation portion of this proceeding. A copy of those additions to the service list is attached to this Ruling. Q17: If a CLC does not seek authority for construction or extension of its facilities in connection with its Petition is Rule 18(f) applicable? A: A CLC can satisfy the provisions of Rule 18(f) by stating that it does not propose any construction or extension of its network. If the CLC does plan to extend or build new facilities, Rule 18(f) applies. Q18: Is compliance with Rule 18(g) superseded by 4.B of Appendix A? A: No. Rule 18(g) also applies since it is broader in scope and asks CLCs to state how they propose to finance their construction activities. Q19: If a CPCN is authorized but tariffs are not filed and service is not started for 6 months (for example), when does the CLC need to start filing reports required by D.95-07-054? A: The reports need not be filed until the CLC actually offers service. When the CLC is ready to offer service, it must send a letter so advising the Chief of CACD's Telecommunications Branch within 10 days of beginning service. Q20: Once a CPCN is authorized, how much time do you have before you have to offer service or have your CPCN rescinded? ATTACHMENT Page 5 A: CPCN decisions generally include a clause that the CPCN will expire if not exercised within 12 months. Q21: Will a company with an existing CPCN be granted CLC authority under its existing U#? A: Yes, for all companies which currently hold U numbers in the 5000 series. Other companies will be granted a new U number in the 5000 series. Q22: If a CLC submits a petition for both resale and facilities- based authority, how will the Commission handle issuance of the two authorities? A: In its December decision the Commission will act to grant the Petition in part and will acknowledge that it is not acting on the request for resale authority until a later date. Q23: What steps does a CLC authorized to provide resale service have to follow to change its status from reseller to facilities-based provider? A: The CLC would have to file an application for authority to amend its existing CPCN, cross referencing its previous authority and providing any standard documentation required for facilities-based providers not previously provided in its reseller petition (or application). Changing from a reseller to a facilities-based provider will trigger CEQA concerns. Q24: I f the CLC is a publicly traded company, must the petitioner submit its latest 10-K and 10-Q statement? Can these documents be dispensed with? A: If those documents contain information of the type requested in Rule 17 or 18(i), then those documents may be submitted to meet that requirement. If the requisite financial information is provided by other means, however, the 10-K and 10-Q statements are not required. Q25: H ow much information must a currently certificated entity provide regarding its management and personnel to show its capability to provide local exchange service? ATTACHMENT Page 6 A: They need to show enough information for the Commission to determine that the company's personnel has the requisite knowledge and capabilities to provide local exchange service. The standard showing generally accepted in interexchange carrier reseller applications would meet the requirement for local exchange CPCNs. Q26: Is it necessary to comply with Rule 18(i)? Does the Commission want proxy statements to be filed by entities that already have inter- and intraLATA authority? A: Yes. Rule 18(i) still needs to be complied with. A proxy statement may be attached in lieu of the statement required by Rule 18(i). Q27: If a potential CLC wants to keep confidential its estimate of the number of local exchange service customers after one year and five years, must the CLC file a motion to keep this information confidential? Or can the petition simply assume that such information may be filed under seal? A: A potential CLC must file a separate motion to file under seal if it desires to keep certain information confidential. If the motion is granted, P U Code 583 applies. Tariff-Related Questions Q28: Is a draft tariff required with the petition or can it be filed at a later time? A: A draft tariff must accompany the petition. It should include all rates and terms and conditions necessary to offer local exchange service. In its decision granting CPCN authority the Commission will order CLCs to file Advice Letters containing their final tariffs. Q29: I want to be a reseller. How can I include rates in the tariffs I file with my application when the Commission has yet to determine a wholesale rate for Pacific Bell's local exchange services? A: Applicants need to file a complete set of tariffs, including pertinent terms and conditions. For those cases where rates aren't yet certain, put in the current LEC rate or some other rate as a placeholder and mark all such sections with an asterisk. You will be permitted to replace those rates with other rates at a later date. ATTACHMENT Page 7 Q30: If tariffs are filed with the petition absent rates, when would the rates need to be filled in? A: The filing would need to be supplemented when the information becomes available. In any event, no CLC may initiate service until it has an approved Advice Letter with all appropriate tariffs in place. Q31: Does an IEC that currently has long distance tariffs on file have to file a completely new set of tariffs as a CLC? A: No. The IEC can set up a new local exchange tariff, and incorporate by reference any terms and conditions of its existing IEC tariff that apply. However, to the extent that terms may differ, the tariff must clearly state the applicability of each. Q32: Does the 40-day effective date rule apply to new services? Are there any waivers? A: Rule 4.E(4) of Appendix A in D.95-07-054 clearly states that introduction of new services would be by 40-day advice letter. There are no waivers to that requirement. Q33: Since in the interim CLCs are to mirror LEC rate centers, can CLCs simply concur in LEC tariffs rather than replicate the lengthy tariffs? A: It is satisfactory to state concurrence with LEC tariffs. Q34: Can you state rates in the petition in reference to LEC rates, e.g.,same as LEC rate, 110% of LEC rate, etc.? A: No. Tariffs must show specific rates. Q35: In order to satisfy Rule 18(a) may a CLC simply state that the local exchange services it proposes to provide are set forth in its prospective tariff, which is attached as an exhibit? Or must the text of its petition describe these services? A: The Petition itself should give a brief summary of rates to be charged. The exhibits must include a full set of tariffs. ATTACHMENT Page 8 Maps Q36: What kind of maps are required with the petition/application? Should the same maps be included in the CLC's tariffs? A: The maps filed with the application must comply with Rule 18(c). More detail would be required for facilities- based CLCs. The degree of detail depends on planned construction, etc. Q36 and Q37 deal with the maps that are required to be on file at the Commission as part of the CLC's tariffs. Q37: What kind of maps does a CLC reseller need to file with its tariffs? Is a computer-generated map OK? Does the map have to replicate LEC exchange map? Can a CLC simply submit a map of California stating that it intends to provide service in all of Pacific's territory? A: A reseller that is offering service in particular Pacific or GTEC exchanges may state concurrence in Pacific and/or GTEC's exchange maps rather than filing the identical maps. If the CLC chooses to file its own maps, or if it has different exchanges than the incumbent LEC, its maps must clearly identify where the CLC will be providing service on a nondiscriminatory basis. If the CLC concurs in the incumbent LEC's maps, it must state in the petition or application specifically where it intends to provide service. Q38: What kind of map does a facilities-based CLC need to file with its tariffs? A: See answer to Q36. Q39: Does a map for a facilities-based carrier have to show its network or just the geographic area where service is provided? A. See 4.F.(3) and 4.F.(4) of Appendix A of D.95-07-054. The CLC can provide either a map or description of where it has facilities. Q40: Do you need separate maps for facilities-based and resale service? A: Yes. Or do they just concur in Pacific's for both?? Q41: What is a suitable scale for maps? A: Any maps submitted by CLCs should be in the same scale and clarity as are currently provided by the incumbent LECs. ATTACHMENT Page 9 CEQA Questions There is no independent CEQA application requirement or PEA requirement. CEQA requirements only apply when the Commission exercises discretionary approval authority over a project. (Pub.Resources Code { 21080 (a).) Therefore, all CLCs applying for certificates pursuant to section 1001, must follow the requirements set forth in Rule 17.1. Q42: If a carrier believes that the section 1001 requirements do not apply, what type of showing is required? Must a PEA be filed? A: The Commission has held that all CLCs must apply for CPCNs. Therefore, there is no reason to discuss the section 1001 requirements. Pursuant to Rule 17.1 a PEA must be filed or a statement that it can be seen with certainty that there is no possibility that the project will significantly affect the environment. (See answer to Q45 and Q50.) Q43: If a cable operator does not need to extend its facilities, (just change its electronics) is it exempt from CEQA? A: By Commission order, all petitioners/applicants must go through the Rule 17.1 process. After an applicant has submitted its material, the Commission will determine whether the project fits within any CEQA exemption. In addition to the facilities which are currently planned the Commission will consider what other construction is a foreseeable result of the new certification. Q44: If an IEC has pre-existing authority, to what extent does CEQA apply? A: As stated, CEQA applies when an applicant applies for some independent discretionary authority, such as a potential CLC applying for a CPCN to provide local exchange service. Rule 17.1 applies although the potential CLC may qualify for an exemption per Q45. Q45: What applies as a "common sense" exemption under Rule 7.1 (d)(1)? ATTACHMENT Page 10 A: The language in Rule 17.1 (d)(1) is based on CEQA Guidelines {15061(b)(3), also known as the "common sense exemption:" "(b ) Possible exemptions from CEQA include: ... "(3) The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." In the discussion of this Guideline, the Governor's Office of Planning and Research states that it "provides a short way for agencies to deal with discretionary activities which could arguably be subject to the CEQA process but which common sense provides should not be subject to the Act." This exemption requires a showing that there is no possibility of significant impact, hence the Rule 17.1(d)(1) requirement for "any additional explanation or information which may be necessary for an independent assessment of such issue by the Commission." Q46: When should existing LECs submit CEQA applications for extensions or new projects? (e.g., PB network has not been subject to CEQA requirements. A: As stated previously, there is no independent CEQA application. CEQA information must be filed with the Commission, pursuant to Rule 17.1, whenever an application for a CPCN, or other discretionary approval, is filed with this Commission. LEC expansions are undertaken under the LEC's existing CPCN so discretionary approval by the Commission is not required and Rule 17.1 does not apply. Q47: When you file new maps or update your service area, does section 1001 apply? ATTACHMENT Page 11 A: Section 1001 contains certain exemptions to its applicability. These exemptions are most likely not going to apply to CLCs seeking to extend their service territory. Therefore CLCs needing to expand beyond what is specified in their CPCN will need to file for additional certification. New applicants may therefore seek broad initial certification to avoid the need to refile. Applicants should note that the PEA submitted pursuant to Rule 17.1 should correspond to the scope of the authorization requested. Q48: What kind of a showing is required that Rule 17.1 does not apply? A: See answers to Q45 and Q50. Q49: Can the staff advise parties whether MFS' PEA is sufficient to satisfy PEA requirements? A: CACD does not consider the PEA in MFS Intelenet of California, Inc.'s recent CLC CPCN application to contain adequate "explanation or information which may be necessary for an independent assessment ... by the Commission." The PEA stated: " It can be seen with certainty that there is no possibility that this Application may have a significant adverse effect on the environment to the extent that it requires limited, if any construction. MFSI-CA will operate by installing an Ericsson AXE digital switch configured as both a tandem and end office switch. The switch will be connected to end users, end offices and tandems, and interexchange carrier networks via a combination of fiber optic facilities provided by MFSCC subsidiaries and transmission facilities provided by other carriers. The use of this switch, in combination with transmission facilities that are already in place, will have no foreseeable impact on the environment." MFS did not provide information about where its current facilities are located or give any explanation of what additional facilities would need to be constructed or where those facilities would be located. Therefore, Commission staff did not have adequate information to assess the impact of MFS' project. For additional discussion of adequate explanation/information, see the answers to Q45 and Q50. ATTACHMENT Page 12 Q50: Is it acceptable for a CLC to state that it will provide local exchange services over facilities already constructed pursuant to authority from the FCC to provide interstate services? Is this sufficient information for the commission to conclude that it can be seen with certainty that there is no possibility that the granting of the authority will have an adverse impact on the environment? The questioner cited D.89-11-020 which granted CPCNs to Linkatel, Inc. A: No. A statement that a CLC plans to use facilities already certificated by the FCC does not provide the Commission with sufficient information to judge the environmental impacts of the CLC's request. As discussed below, a PEA should be used to demonstrate that no adverse environmental impacts will result from granting the petition. However, in the Linkatel case, the applicants did not file a PEA but did provide enough detail for the Commission to determine that no adverse environmental impacts would result from approving the application. A more detailed discussion follows. D.89-11-020 granted two applications by San Diego LINKATEL, Inc. for CPCNs to operate as a reseller of telecommunications services in California, specifically to provide inter- and intra-LATA high speed digital private line service. The Decision, and the underlying applications, provide greater information and explanation than a statement that facilities used were already certificated by the FCC. The underlying applications are relevant to the issue of Rule 17.1 compliance (A.89-06-048 and A.89-06-049). While not in compliance with the form prescribed by Rule 17.1 (a PEA filed as a separate exhibit), the applications provided sufficient explanation and information for the Commission to make an independent assessment of the applicant's conclusion that there will be no possibility of significant adverse effect on the environment, which is reflected in D.89-11-020 (at pp. 5-6 and Finding of Fact 8 at pp. 12-13). CLC Petitioners are urged to follow the form prescribed in Rule 17.1 (d) to expedite the review and processing of Petitions; while this may require some duplication of information provided elsewhere in the Petition, the consolidation of relevant explanation/information in the PEA will greatly facilitate the Commission's review and reduce the potential for misunderstandings. The explanation/information in A.89-06-048 is excerpted here for the reader's convenience, with particularly useful passages boldfaced: ATTACHMENT Page 13 "( 4) Description of Authority Requested. [Rule 15.] Applicant seeks authority t provide 24-hour interLATA high speed digital private line telecommunications services on a dedicated, non-switched basis from origination points in certain metropolitan areas throughout the State of California to various locations, including the points of presence of other (IECs). Applicant seeks statewide authority, but will initially originate its interLATA services in the San Diego metropolitan area, and may originate services from other intrastate points at a later date. Applicant's transmission services will consist solely of high speed transmissions at 1.544 megabits per second (mbps) ["T-1" or "DS-1"] and above. The primary customers of Applicant's services will be IECs and sophisticated, large telecommunications users seeking direct, non- switched private line connections for transmission of digitized information on a "bulk," high capacity basis between IEC points-of-presence (POPs) and end-user premises (either POP-to-POP or POP-to-Premises circuits)." (at pp. 2-3) " (6) Construction or Extension. [Rule 18(a).] Applicant will offer the services proposed in this application to its subscribers utilizing fiber optic cable facilities which Applicant will erect or install on or in existing structures (poles, ducts, conduits, etc.) and operate predominantly for the provision of interstate telecommunications services. Applicant seeks the Commission's authorization to utilize those interstate facilities for the provision of dedicated intrastate interLATA services. Inasmuch as Applicant will only provide its services through existing structures and facilities constructed under the authority of the (FCC), it can be seen with certainty that there is no possibility that the proposed services will have a significant impact on the environment. See, e.g., (D.) 87-02-022 (February 11, 1987), at pp. 3, 8; D.89-03-060 (March 22, 1989), pp. 6, 8. Should Applicant elect to use other transmission media (e.g., microwave radio) to provide its services, Applicant will obtain such construction and frequency authorizations and permits as may be required from the FCC and/or local governmental agencies." (at p. 4) ATTACHMENT Page 14 NOTE: The last item regarding the potential use of other transmission media is problematic. CEQA requires agencies to consider "The whole of an action that has the potential for resulting in physical environmental change, directly or ultimately" (CEQA Guidelines { 15378); the recently revised CEQA statute defines "project" as "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment" (Public Resources Code { 21065). (END OF ATTACHMENT) TRP/sid BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Rulemaking on the ) Commission's Own Motion Into ) Competition for Local Exchange ) R.95-04-043 Service. ) ) ) Order Instituting Investigation ) on the Commission's Own Motion ) I.95-04-044 into Competition for Local Exchange ) Service. ) ) ADMINISTRATIVE LAW JUDGE'S RULING ADOPTING A PROCEDURAL SCHEDULE By this ruling, a schedule is established for these proceedings to resolve the issues set forth in Decision (D.) 95-07-054. The adopted schedule is based upon the general procedural framework set forth in the Decision and takes into account the proposals of parties presented in their prehearing statements filed August 9, 1995 and their remarks at the August 11, 1995 prehearing conference (PHC). Parties' proposals for a procedural schedule reflect differences regarding the timing and sequencing of issues as well as the procedural forum through which issues should be resolved. Parties' Positions Telecommunications Coalition The Telecommunications Coalition (Coalition) proposes a schedule that would call for a single round of written comments and evidentiary hearings to result in a Commission decision before January 1, 1996 adopting complete rules for both facilities-based and resale competition. The Coalition proposes to limit hearing issues to interim number portability compensation and 911 service impacts issues, competitive local carrier (CLC) rating area consistency, resale rate-setting and interconnection service order standby. The Coalition proposes that the Commission transfer the issues of local exchange carrier (LEC) pricing flexibility and LEC franchise impacts from the local competition to the new regulatory framework (NRF) Review docket. The Coalition proposes to defer the issue of call termination charges until after March 1, 1996. Division of Ratepayer Advocates The Division of Ratepayer Advocates (DRA) proposes a three-part schedule calling for a decision resolving issues subject only to written comments by November 13, 1995, a second decision resolving hearing issues by February 14, 1995, and a third decision addressing rating area consistency and call termination charges in December 1996. DRA agrees with the Coalition that the issues of LEC pricing policies and franchise impacts should be transferred to the second phase of the NRF Review docket. DRA also states that previous Commission orders require the LECs to produce cost studies before the Commission can grant pricing flexibility for Category II services. Since a Commission decision on cost studies is scheduled to be issued in April 1996 in the OANAD proceeding, DRA proposes that the issue of LEC pricing flexibility be taken up after that date. DRA also believes hearings are needed to determine appropriate resale rates, but believes filed comments are sufficient to address LEC resale restrictions. DRA also believes that CLC pricing policies do not require hearings and can be resolved through comments. Accordingly, the only hearing issues DRA would propose for resolution before March 1, 1996 are interim number portability and resale rates, and any issues related to interconnection service orders not resolved by the General Order (GO) 133-B Committee. DRA would defer beyond March 1, 1996 hearing issues related to rating area consistency and call termination compensation. Major LECs The incumbent LECs disagree with the DRA's and Coalition's proposal to transfer the LEC pricing flexibility and franchise issues to the NRF proceeding and to defer interconnection compensation issues until after March 1, 1996. Pacific Bell (Pacific) proposes one month of hearings in the fall of 1995 to address all pertinent local competition issues to be resolved for issuance of decisions by January 1, 1996 and March 1, 1996. Pacific argues that compensation issues related to interconnection must be resolved through hearings prior to issuance of a January 1, 1996 decision. Pacific filed an application for rehearing of D.95-07-054 on August 15, 1995 seeking to expand the scope of issues which would be subject to hearings. Pacific specifically proposes that hearings be held on access to data bases and customer information and recovery of implementation costs. Although D.95-07-054 only called for written comments on resale issues, Pacific believes that evidentiary hearings are required. Pacific believes that the issue of LEC pricing flexibility should be resolved before March 1, 1996. While Pacific agrees that cost studies need to be concluded, Pacific states that they will be concluded by early January in the OANAD proceeding. GTE California, Incorporated (GTEC) proposes a bifurcated schedule, with Phase I addressing issues related to interconnection, CLC pricing policies, and LEC pricing flexibility in a competitive market. Phase II would address the remaining issues set forth in D.95-07-054 required for a March 1, 1995 decision on resale competition. In addition, GTEC proposes that evidentiary hearings also be held on resale rates, cost recovery related to local exchange competition, and issues of privacy and consumer protection. Other Parties Comments were filed by the Deaf and Disabled Telecommunications Program (DDTP) regarding the scheduling of and agenda for the workshop to be held regarding the CLCs' participation in the Commission's Deaf and Disabled Program. Public Advocates (PA) proposed that additional hearings and/or comments be ordered to address certain issues relating to universal service. Because final rules will not be adopted in the Universal Service docket until June 1996, PA believes that the Local Competition docket should resolve certain universal service issues concurrently with the initiation of local competition in January 1996. Specifically, PA believes comments or workshops should be scheduled on its proposals: (1) for CLCs to file business plans with the Commission with detailed targets for attaining universal service goals; (2) for CLCs to make enhanced services available to minority households and community-based organizations; (3) to analyze service territory maps to determine the existence of redlining; and (4) to ensure provisioning of bilingual services under local competition. Metromail Corporation believes that adopted rules should address the availability of directory assistance listing information to third parties in this segment of the telephony market, and requests a hearing or workshop on this issue. The small and mid-sized LECs limited their proposal to advocating bifurcation of issues relating to competition in the service areas of small and mid-sized LECs to a later phase. Brief PHC statements were also submitted by Citizens Utilities Company, Contel of California, Inc., and Utility Consumers Action Network. Adopted Schedule The adopted schedule for the local competition proceeding is set forth in the Attachment to this ruling. The schedule shall be divided into three phases: Phase I: issues to be resolved before the initiation of facilities-based competition on January 1, 1996. Phase II: issues to be resolved before bundled resale-based competition is initiated on March 1, 1996. Phase III: remaining issues to be resolved in these dockets before January 1, 1997. The schedule for each phase is discussed in detail below. A single block of consecutive days shall be scheduled for hearings in both Phase I and II issues. A second prehearing conference shall be scheduled for October 11 to deal with the specific scheduling of witness order and other procedural matters aimed at streamlining the evidentiary hearings covering both Phase I and II issues. Parties are strongly encouraged to avoid presenting cumulative or redundant testimony. The assigned ALJ will entertain motions to strike testimony which is redundant, engages in legal argument, or is otherwise not within the scope of hearing issues outlined in this ruling. On August 11, 1995, the Commission issued D.98-08-052 in the matter of the consolidated complaints of AirTouch and MCI Communications, Inc. versus Pacific (C.94-09-058/C.95-01-001). In this decision, the Commission designated certain additional issues to be considered in the local competition dockets including the appointment of a new number code administrator and statewide policies to deal with area code relief measures. A separate ruling will be issued to address the schedule for dealing with these mandates. Phase I The schedule for Phase I shall provide for evidentiary hearings on the following issues. The Decision prescribed that initially, compensation for interim number portability would be set at the LEC's direct embedded cost for remote call forwarding (RCF). This rate would be used beginning January 1, 1996 until hearings were held and a decision issued determining the appropriate rate for RCF. While this interim measure simplifies the initial pricing, it still leaves unresolved the factual question as to the correct calculation of the direct embedded cost (DEC) is associated with RCF. This issue shall be resolved in Phase I hearings. The request of GTEC to consider LEC pricing flexibility in Phase I is denied. The proper timing and treatment of this issue is addressed in the Phase II schedule discussion below. As determined in the Managing Commissioner ruling issued on August 17, 1995, the request of DRA and the Coalition to move the LEC pricing and franchise impact issues to the NRF review docket was denied. Pacific Bell (Pacific), by its application for rehearing, has requested that certain issues be designated for evidentiary hearings which were not provided for in D.95-07-054. These issues are resale, access to data bases, access to customer information, and recovery of implementation costs. Pacific also seeks rehearing on the Commission's adoption of the "bill-and-keep" approach for a one-year period as an interim vehicle for parties' mutual compensation for call termination. Pacific, in its rehearing application, argues that the Decision should be modified to require hearings and a decision by January 1, 1996, to determine the appropriate interconnection compensation for call termination effective . Without prejudging the disposition of Pacific's rehearing application, it is appropriate to build into the adopted schedule a placeholder for the issues on which Pacific seeks hearings. This contingency is necessary to ensure that the Commission's adopted deadlines for initiation of competition are not jeopardized. Accordingly, parties are directed to proceed under the assumption that these issues will go to hearing and to plan accordingly with respect to discovery and testimony preparation. Depending on the disposition of Pacific's application for rehearing, the schedule adopted by this ruling may require subsequent modification. Accordingly, since Pacific's rehearing application seeks to have interconnection compensation issues resolved prior to January 1, 1996, this issue shall be designated for hearings in Phase I as a contingency provision pending the Commission's disposition of Pacific's rehearing application. The remaining hearing issues identified in Pacific's rehearing application will be taken up in Phase II assuming its rehearing application is granted, as discussed below. The issues which require resolution prior to January 1, 1996, but which shall be resolved through written comments only are set forth below. Comments in Phase I shall be filed addressing the terms and conditions of interconnection other than rates. Pacific and GTEC shall be required to file their proposed interim tariffs for remote call forwarding RCF and interconnection as part of the Phase I schedule. Certain additional issues relating to CLC certification requirements shall be addressed through Phase I written comments. As stated in the Decision, comments are solicited in Phase I on the proposals of Pacific and GTEC for performance bonding requirements as part of the CLC certification process. Comments shall also be taken regarding the proposals of PA that CLCs provide customer information notices on a bilingual basis to non-English-speaking customers, particularly as to basic and lifeline service. PA's proposal to address the issue of redlining also will be adopted. The schedule for a technical workshop, report,and follow-up comments is set forth below. PA can seek resolution of the remaining issues it has raised through the Universal Service proceeding. Phase II Issues assigned to Phase II are defined as those matters which must be resolved before bundled resale-based competition is initiated on March 1, 1996. As with Phase I, issues in Phase II shall be divided into those requiring evidentiary hearings and those which can be resolved through written comments or workshops. The proposal of the Coalition and DRA to move the issues of LEC pricing policies and franchise impacts to the NRF proceeding is rejected, as prescribed in the ruling of the managing Commissioner issued August 17, 1995. Evidentiary hearings will be scheduled in this docket to address both of these issues within Phase II. GTEC asks for a decision on LEC pricing flexibility by January 1, 1996, but is willing to wait until March 1, 1996 for a decision on LEC franchise impacts. Pacific is willing to wait until March 1 for a decision on both of these issues. (TR. 11:23-12:2). DRA states that any actual numerical adjustments to the LECs' existing pricing mechanisms (e.g., price floors or windows) require cost studies upon which to base them, as prescribed in prior decisions. As noted by Pacific Bell, its costs studies would be available as part of the record in the Open Access and Network Architecture Development (OANAD) proceeding by January 1996. DRA noted that in the OANAD PHC, GTEC indicated some of its cost studies may not be done until the March or April 1996. Yet, to meet the Commission's deadline of a decision on resale competition issues before March 1, 1996, evidentiary hearings must be concluded before January 1996. Thus, the hearings in this proceeding on LEC pricing flexibility to be held in October 1995 shall address the principles and framework which should apply to LEC pricing flexibility. They should also propose pricing mechanisms that permit the exercise of interim pricing flexibility that do not require cost studies. In their testimony on LEC pricing flexibility, parties should present proposals regarding how subsequent pricing flexibility could be implemented and coordinated with the cost studies being developed in the OANAD docket. Testimony on LEC franchise impacts shall also be scheduled in this proceeding, as determined in the Managing Commissioner's ruling and take up as part of Phase II. Pacific and GTEC both ask that the additional issue of recovery of implementation costs be set for hearing. This issue can be considered a subissue within the broader issue of the franchise impacts issue, and can be addressed in that context. As indicated above, provision will be made in the hearing schedule for issues identified in Pacific's rehearing application subject to the Commission's disposition of that application. Accordingly, the issues of resale rates, and compensation for access to LEC data bases and customer information shall be tenatively designated for Phase II hearings. Issues regarding restrictions on LEC resale which do not involve factual disputes over rates will be addressed through written comment. Phase II hearings on interim number portability will address what appropriate rates (i.e., DEC or some other price proxy) should be charged for this service and also, what the impacts on E-911 service shall be. Between January 1, 1996 and March 1, 1996, interim number portability will be priced at direct embedded cost, as determined in the Phase I hearings. In its prehearing conference statement, the California Department of General Services proposed that the workshop forum be used to address issues regarding potential impairment of 911 emergency telephone service through the use of remote call forwarding. Workshops shall be ordered to address this issue in the adopted schedule below. To the extent workshops fail to narrow or resolve this issue, evidentiary hearings will be held. Regarding CLC pricing policies, DRA and the Coalition do not believe evidentiary hearings are necessary. DRA observes that the Decision specifically referenced holding hearings only on "whether there is evidence that consumer harm would result if CLC cost studies are not required." DRA believes this is more of a policy rather than evidentiary issue and can be addressed through written comments. The Coalition also argues that rules on CLC pricing policies can be developed without hearings. The directive in D.95-07-054 to allow for evidentiary hearings on CLC pricing issues will be followed. It was not the intent of D.95-07-054 to foreclose parties from addressing relevant CLC pricing issues as enumerated in the text of the Decision. While the Decision specifically referenced the CLC cost study issue as being subject to hearings, this issue is interrelated with other CLC pricing issues. Parties may address through testimony relevant CLC pricing policy issues as enumerated in the Decision. While DRA and the Coalition believe CLC pricing issues can be limited to comments, the Commission has determined that factual issues are involved warranting hearings. As directed in the Decision, parties may address CLC pricing issues in the form of prepared testimony. To the extent the parties can stipulate not to engage in cross- examination on issues not involving factual disputes, the need to devote hearing time to CLC pricing issues can be minimized. The issue of consistency between the CLC and LEC rating areas will also be scheduled for hearings as part of Phase II of the proceeding. In the interim period from January 1, 1996 until resolution of this issue, CLCs shall use the same rating areas as the LECs. The Coalition expresses confusion over what issue the Commission refers to in using the term "rating areas." As stated in the Decision, the reference to "rating areas" is to Pacific's proposed rule (Section 4 E (1.1) which would require CLCs to conform to Commission-established NXX rating points (VH Coordinates of rate centers) and measurement methodology and the assignment of NXXs to existing NXX exchange areas when assigning telephone numbers to customers. In its May 24, 1995 comments, Pacific stated that evidentiary hearings are needed to show why consistent NXX code assignment rules are necessary to prevent customer confusion regarding what calls are local and toll. The testimony regarding rating area consistency should address this issue. A further determination of scheduling for Phase III will be addressed in a later ruling. Written Comments Not Requiring Evidentiary Hearings Written comments shall be filed in Phase II on the remaining miscellaneous rulemaking issues which were summarized in the July 26, 1995 ALJ ruling, namely, access services provisioning, information/mass announcement services, additional intercompany arrangements, rights-of-way access, and universal lifeline service provisioning. GTEC also proposes the issue of consumer privacy rights in LEC databases be addressed through hearings. This issue shall be designated as an issue to be addressed through Phase II written comments. Treatment of the issue through written comments is appropriate since it relates principally to matters of a policy nature. Policy issues relating to resale restrictions not involving factual rate determinations shall also be addressed through written comments. Parties are directed to address the questions raised in D.95-07-054 in Section IV.B.6b.(1) regarding resale restrictions. Workshops The schedule for technical workshops is set for in the attachment to this ruling. DDTP's proposed agenda for the Deaf Program Workshop is reasonable as a basis for conducting the workshop. Three consecutive days will be scheduled for the DEAF program workshop, to be held October 18-20. The issue raised by Metromail regarding availability of Directory Assistance Listing information will be considered in Phase III of the proceeding. Phase III The remaining local competition issues not resolved above shall be designated as Phase III issues and dealt with in the time frame between March 1 and December 31, 1996. The principal issues remaining for this phase include instituting local exchange competition in the markets of the small and mid-sized LECs and implementing permanent number portability. Discovery Procedures In order for the deadlines for competition established in D.95-07-054 to be met, the procedural schedule adopted in this ruling must be enforced. The potential for disputes or delays regarding discovery must not be permitted to delay the schedule for issuance of testimony and progress of hearings. GTEC proposes the most rigid rules for limiting discovery, including limiting data requests to 35 in number. Pacific proposed that discovery commence immediately and be closed on September 22, assuming testimony would be due on September 25. The Coalition, by contrast, proposes no limits on questions which can be asked nor time limits on submitting discovery. Balanced discovery procedures must be adopted for this proceeding. The procedures must be disciplined enough to take into account the firm deadlines the Commission has adopted for issuing decisions in this docket. The procedures must also be flexible enough to permit adequate discovery in line with the scope and complexity of issues in dispute. Parties should not delay in identifying discovery needs and submitting data requests. No predetermined limits will be imposed on the number of questions that parties may submit, but parties are advised to be disciplined in making requests, keeping in mind the short time frames allowed for preparing testimony. Parties should make questions clear, focused, and relevant. Parties with similar interests should seek to coordinate their requests to avoid redundancy and to arrange a sharing of responses. Likewise, parties responding to data requests are advised to provide clear and complete answers or to promptly seek clarification for any questions that are ambiguous or unclear. Parties shall arrange for same-day delivery of any data requests and responses to the recipient by hand delivery or through telefaxing. Any objections to questions or proposed response dates shall be conveyed to the sender of the data request in a similar fashion within three working days after receipt. Parties shall promptly meet and confer to resolve any discovery disputes, and if no resolution is reached, shall promptly file a motion under the Commission's law and motion procedures. Parties should seek to prioritize data requests particularly with a view toward meeting deadlines for mailing testimony. All discovery requests for Phase I issues shall be submitted by September 14 and for Phase II by September 21, responses for Phase I issues are to be provided by September 28 and for Phase II issues by October 5. Discovery should not be conducted subsequent to the cutoff date unless there is a compelling showing that the information could not have been asked for previously and is necessary to ensure a complete evidentiary record is developed. Pacific states that it is prepared to enter into standard non-disclosure agreements for the purpose of protecting proprietary information. Pacific also asks for the flexibility to designate certain items as subject to "lawyers and outside consultant only" nondisclosure terms. GTEC proposes to use the protective order (Attachment B to its PHC Statement) which it submitted in the OANAD proceeding. Parties are directed to meet and confer with Pacific and GTEC to seek agreement on the terms of non-disclosure agreements and to promptly notify the assigned ALJ of failure to reach agreement. IT IS RULED that: 1. The schedule for submission of prepared testimony, written comments, evidentiary hearings, and technical workshops is adopted as set forth in the attachment to this ruling. 2. Parties shall proceed expeditiously to conduct and conclude discovery to permit compliance with the schedule adopted below. The cutoff dates for completion of data requests shall be September 14 for Phase I and September 21 for Phase II. 3. The cutoff date for responses to discovery requests shall be September 28 for Phase I and October 5 for Phase II. 4. The Commission Advisory and Compliance Division shall prepare appropriate notices and convene technical workshops according to the schedule adopted below. Dated August 18, 1995, at San Francisco, California. /s/ THOMAS R. PULSIFER Thomas R. Pulsifer Administrative Law Judge ATTACHMENT Page 1 Adopted Schedule for Local Competition R.95-04-043/I.95-04-044 Phase I -- Issues to be resolved by January 1, 1996: Hearing Issues: Interconnection compensation issues: call termination charges * Interim number portability: calculation of direct embedded cost (DEC) Issues for Written Comment Only: Interconnection issues other than rates -- (i.e., points of interconnection and security/liability issues) Rea sonableness of Pacific and GTEC proposed tariffs for terms and conditions other than rates for interconnection and interim number portability CLC Bonding Requirements for Entry Certification ** CLC Provisioning of bilingual customer outreach and information ** Detection and Prevention of Redlining Phase I Schedule: Phase I discovery request cut off September 14, 1995 " " response cut off September 28, 1995 Pacific & GTEC file proposed tariffs for interconnection and remote call forwarding, with any appropriate explanatory comments September 18, 1995 Testimony on Phase I hearing issues October 2, 1995 Comments on nonhearing Phase I issues October 2, 1995 Second Prehearing Conference October 11, 1995 (10:00 a.m. in San Francisco) * This will be a Phase I hearing issue only on the assumption Pacific's rehearing application is granted. ** These issues will be moved to Phase II if Pacific's rehearing application is granted. ATTACHMENT Page 2 Evidentiary hearings October 16-20, 1995 Concurrent briefs November 1, 1995 311 Decision on Phase I hearing issues November 20, 1995 Final Decision on nonhearing issues November 20, 1995 Final Decision on hearing issues December 20, 1995 Decision approving facilities-based CLC CPCNs filed on or before September 1, 1995 December 20, 1995 Phase II - Issues to be resolved by March 1, 1996: Hearing Issues Rating Area Consistency LEC Franchise Impacts LEC Resale Rates LEC Pricing Policies CLC Pricing Policies Rates for interim number portability: (i.e., should DEC be used to price RCF?) Compensation for access to LEC data bases and customer information Issues for Written Comment Only Reasonableness of major LECs' resale tariffs (for terms and conditions other than rates) Outstanding Issues regarding Interim Rules: Joint Provisioning of Access Services Information/Mass Announcement Services Additional Intercompany Arrangements Access to Rights of Way Universal Lifeline Service Provisioning Consumer Privacy rights in LEC Data Bases Phase II Schedule: Phase II Discovery Request Cutoff September 21, 1995 Phase II Discovery Response Cutoff October 5, 1995 ATTACHMENT Page 3 Pacific and GTEC file proposed resale tariffs for terms and conditions other than rates October 2, 1995 Testimony on all Phase II hearing issues October 9, 1995 Second Prehearing Conference October 11, 1995 (10:00 a.m. in San Francisco) Comments on Phase II nonhearing issues October 23, 1995 Evidentiary Hearings - Phase II October 23 - November 9, 1995 Reply Comments-Phase II nonhearing issues November 20, 1995 Opening Briefs November 26, 1995 Reply Briefs December 10, 1995 311 Decision on Phase II hearing issues January 10, 1996 Decision on nonhearing issues filed on or before September 1, 1995 January 10, 1996 Pacific and GTEC file resale tariffs for nonrate terms and conditions January 25, 1996 Final Decision on hearing issues February 10, 1996 Decision approving Resale CPCNs filed on or before September 1, 1995 February 10, 1996 Pacific and GTEC file wholesale rates February 25, 1996 Workshops on: Interim number portability: Impacts on 911 Service Workshop Conducted September 15-16, 1995 Status Report to Commission September 22, 1995 DEAF Program Workshop Conducted October 18-20, 1995 Report to Commission December 1, 1995 ATTACHMENT Page 4 Meet-and-Confer Report Issues GO 133-B Committee: Interconnection Service Order Standards: Report to Commission October 1, 1995 Repair Service Access Report to Commission October 1, 1995 Phase III -Issues: Permanent Number Portability Rates Small/Mid-Sized LEC Competition Directory Issues Workshops Permanent Number Portability Technical Implementation Workshops Conducted Ongoing Report to the Commission January 31, 1996 Directory Listing Information To be determined (END OF ATTACHMENT) CERTIFICATE OF SERVICE I certify that I have by mail this day served a true copy of the original attached Administrative Law Judge's Ruling Adopting a Procedural Schedule on all parties of record in this proceeding or their attorneys of record. Dated August 18, 1995, at San Francisco, California. /s/ FANNIE SID Fannie Sid N O T I C E Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number of the service list on which your name appears. * * * * * * * * * * * * * * * * The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: Calendar Clerk (415) 703-1203. If specialized accommodations for the disabled are needed, e.g., sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074 or TDD# (415) 703-2032 five working days in advance of the event.