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PARTIES of RECORD in R.00-02-004 Decision 06-03-013 Is Being Mailed Without the Written Dissent of Commiss STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor PUBLIC UTILITIES COMMISSION 505 VAN NESS AVENUE SAN FRANCISCO, CA 94102-3298 March 9, 2006 TO: ALL PARTIES OF RECORD IN R.00-02-004 Decision 06-03-013 is being mailed without the written dissent of Commissioner Grueneich. The dissent will be mailed separately. Very truly yours, /s/ Angela K. Minkin Angela K. Minkin, Chief Administrative Law Judge ANG:mal Attachment 226372 COM/MP1/mal MAILED 3/9/2006 DECISION 06-03-013 March 2, 2006 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Rulemaking on Rulemaking 00-02-004 the Commission’s Own Motion to (Filed February 3, 2000) establish Consumer Rights and Protection Rules Applicable to All Telecommunications Utilities. DECISION ISSUING REVISED GENERAL ORDER 168, MARKET RULES TO EMPOWER TELECOMMUNICATIONS CONSUMERS AND TO PREVENT FRAUD 226372 - 1 - R.00-02-004 COM/MP1/mal TABLE OF CONTENTS 1. SUMMARY ............................................................................................................2 2. PROCEDURAL HISTORY...................................................................................7 3. REVIEW OF RECORD EVIDENCE..................................................................16 3.1 EVIDENCE PRESENTED IN SUPPORT OF NEW RULES....................................17 3.1.1 Consumer Complaint Records.....................................................17 3.1.2 Survey Data.....................................................................................25 3.1.3 Enforcement Actions .....................................................................28 3.1.4. Anecdotal Evidence .......................................................................29 3.2 EVIDENCE REGARDING UNINTENDED CONSEQUENCES OF NEW RULES............................................................................................................33 4. STATE OF EXISTING CONSUMER PROTECTION LAWS AND RULES...................................................................................................................36 4.1 Jurisdiction ..........................................................................................37 4.2 Existing Laws and Regulations ...........................................................39 5. BILL OF RIGHTS AND FREEDOM OF CHOICE PRINCIPLES..................43 5.1 LANGUAGE INTRODUCING AND DEFINING THE APPLICABILITY OF THE RIGHTS AND PRINCIPLES.......................................................................44 5.2 CONSUMER RIGHTS REGARDING DISCLOSURE; PRIVACY; PUBLIC PARTICIPATION AND ENFORCEMENT; ACCURATE BILLS AND DISPUTE RESOLUTION; NON-DISCRIMINATION; AND PUBLIC SAFETY ..........................................................................................................46 5.3 FREEDOM OF CHOICE PRINCIPLES................................................................56 6. APPLICABILITY OF G.O. 168 RULES.............................................................59 7. PUBLIC SAFETY RULES ...................................................................................63 8. COMMISSION INFORMATION REQUESTS ................................................69 8.1 ASSESSMENT OF STATUTORY AUTHORITY ...................................................70 8.2 NEW SUBSECTION 8.2: EXPANSION OF INFORMATION REQUEST REGULATION ................................................................................................72 - i - R.00-02-004 COM/MP1/mal 8.3 CREATION OF A PROCESS TO RESOLVE DISPUTES IN THE INFORMAL COMPLAINT CONTEXT..................................................................................74 9. CRAMMING RULES..........................................................................................75 9.1 REVIEW OF LAWS THAT ADDRESS CRAMMING............................................75 9.2 REPEAL OF THE INTERIM NON-COMMUNICATIONS RULES.........................78 9.3 ADOPTION OF CRAMMING RULES................................................................89 10. SLAMMING RULES...........................................................................................95 11. RESOLUTION OF CONSUMER COMPLAINTS...........................................96 11.1 COORDINATION WITH CARRIERS ON INDIVIDUAL DISPUTE RESOLUTION .................................................................................................97 11.2 RENEWAL OF THE REGULATORY COMPLAINT RESOLUTION FORUM..........99 11.3 INVESTIGATION OF STATE BEST PRACTICES...............................................100 11.4 ENHANCEMENT OF CALL CENTER STAFFING AND RESOURCES ................101 11.5 GREATER UTILIZATION OF COMMUNITY-BASED ORGANIZATIONS..........103 11.6 EXAMINATION OF FORMAL COMPLAINT PROCEDURES ............................104 12. ENHANCED ENFORCEMENT......................................................................105 12.1 EXPANSION OF OUR TOLL-FREE HOTLINE ................................................105 12.2 INCREASED COOPERATION WITH LOCAL LAW ENFORCEMENT PERSONNEL.................................................................................................106 12.3 FURTHER COLLABORATION WITH FEDERAL GOVERNMENT OFFICIALS ...................................................................................................108 12.4 CREATION OF A SPECIAL TELECOMMUNICATIONS CONSUMER FRAUD UNIT ...............................................................................................109 12.5 INITIATIVE TO STREAMLINE ENFORCEMENT PROCEEDINGS......................111 13. CONSUMER EDUCATION PROGRAM ......................................................113 13.1 WIDESPREAD SUPPORT FOR CONSUMER EDUCATION...............................113 13.2 ABILITY TO IMPROVE CONSUMER WELFARE .............................................118 13.3 NEW CONSUMER EDUCATION INITIATIVE.................................................120 13.3.1 Educational Content ....................................................................122 13.3.2 Dissemination of Educational Materials...................................125 223140 - ii - R.00-02-004 COM/MP1/mal 13.3.3 Monitoring and Evaluation ........................................................129 13.3.4 Program Funding.........................................................................134 14. FURTHER REVIEW OF IN-LANGUAGE ISSUES.......................................136 15. DUE PROCESS ..................................................................................................141 16. OTHER PROCEDURAL MATTERS...............................................................146 16.1 MOTION OF TURN TO RECUSE COMMISSIONER KENNEDY ................................................................................................146 16.2 PETITIONS FOR MODIFICATION OF D. 04-05-057 .........................146 16.3 PETITIONS FOR REHEARING OF D.05-01-058.................................147 16.4 OTHER MOTIONS ..................................................................................147 17. COMMENTS......................................................................................................147 18. ASSIGNMENT OF PROCEEDING ................................................................148 FINDINGS OF FACT....................................................................................................149 CONCLUSIONS OF LAW...........................................................................................154 ORDER ...........................................................................................................................158 APPENDIX A.....................................................................................................................1 APPENDIX B .....................................................................................................................1 APPENDIX C.....................................................................................................................1 APPENDIX D.....................................................................................................................1 APPENDIX E .....................................................................................................................1 APPENDIX F .....................................................................................................................1 223140 - iii - R.00-02-004 COM/MP1/mal DECISION ISSUING REVISED GENERAL ORDER 168, MARKET RULES TO EMPOWER TELECOMMUNICATIONS CONSUMERS AND TO PREVENT FRAUD 1. Summary This decision adopts revised General Order No. 168, Market Rules to Empower Consumers and to Prevent Fraud. The purpose of this revised General Order is to chart a new regulatory role for the Commission in the face of swift technological advances; the convergence of voice, data, and video; and increasing competition in the telecommunications marketplace. The Telecommunications Act of 1996 (“1996 Act”) set the nation on a deregulatory path that encouraged competition at every level of the communications market. A central premise of that framework is the recognition that competitive markets provide the most effective consumer protection: the power of choice. In the six years since this proceeding opened, the communications industry has undergone a profound transformation. The wireless telephone industry grew at such a rapid pace that by December of 2004, the year D.04-05-057 was adopted, the number of wireless subscriber lines in the United States surpassed the number of wireline subscriber lines.1 In that same period, the first Internet-based Voice over 1 Total Universal Service
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