BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Utility Consumers’ Action Network (UCAN),

Complainant,

vs.

MCI Communications Services, Inc., dba

WorldCom LLC (U 5378 C) and related entities

collectively “MCI,”

Defendant.

Case No. 06-10-023

(Filed October 13, 2006)

ADMINISTRATIVE LAW JUDGE’S RULING DIRECTING

DEFENDANT TO PROVIDE CERTAIN INFORMATION IN ANSWER;

SETTING TELEPHONIC PREHEARING CONFERENCE (PHC);

AND CALLING FOR PHC STATEMENTS

On October 13, 2006, Utility Consumers’ Action Network (UCAN) filed

this complaint against MCI Communications Services, Inc. (MCI) for imposing

unauthorized charges against customers and failing to respond to complaints

about these charges. The Commission served MCI with instructions to answer

on November 2, 2006; thus, MCI’s answer is currently due on December 4, 2006.

If the parties are unable to settle this matter prior to MCI filing its answer,

this ruling directs MCI to set forth certain information in its answer. The ruling

also sets a telephonic PHC and directs the parties to file PHC statements prior to

the PHC.

MCI’s Answer

In addition to other information MCI wishes to include in its answer to the

complaint, MCI shall set forth the specifics of any investigation it has performed

on the unauthorized charges issue outlined in the complaint. Among other

things, MCI should state the date of its investigations, who conducted them, the

duration of the investigations, and the detailed findings thereof.

PHC

This ruling sets a telephonic PHC for Thursday, December 14, 2006,

commencing at 10:00 a.m. Parties shall call the following toll free number:

1-877-418-5002. The participant password is 487101. The PHC will be

transcribed. A PHC is called to determine the parties, positions of the parties,

issues, settlement possibilities, and other procedural matters.

The PHC statements shall address: (a) the possibilities of settlement and

whether Commission-assisted alternative dispute resolution, such as mediation,

would be useful in resolving this dispute; (b) the need for hearing (i.e., state

whether hearings are necessary and if so, list the material issues of disputed fact

which require an evidentiary hearing); (c) the issues to be considered; (d) the

proposed schedule for the proceeding in order for the Commission to resolve this

proceeding within 12 months of its initiation (see Pub. Util. Code § 1701.2(d));

and other procedural issues necessary for a prompt resolution of this

proceeding.11 Complainant has addressed some of these issues in the complaint, but may elaborate

on them if it wishes. MCI has not yet responded to the complaint, and therefore has not

addressed these issues.

 

IT IS RULED that:

1. MCI Communications Services, Inc. (MCI) shall include the information set

forth in this ruling in its answer.

2. The Commission has set a telephonic prehearing conference (PHC) in the

above-captioned matter for Thursday, December 14, 2006, commencing at 10:00

a.m. The toll-free participant call-in number is set forth in the text of this ruling.

3. Parties shall file PHC statements no later than Monday, December 11, 2006.

A temporary service list is attached to this ruling. The parties shall also serve the

counsel for MCI who files a response to this complaint (this has not yet been

filed, so this name cannot now be added to the temporary service list.) Please

also serve the undersigned with PHC statements by same day email service at

jar@cpuc.ca.gov.

4. Persons intending on entering an appearance at the telephonic PHC shall

also fill out and submit an electronic appearance form to the undersigned no

later than close of business Monday, December 11, 2006.2

2 To obtain an electronic appearance form, go to the Commission website, click on the

Daily Calendar where there is a link to the form in the left-hand corner.

5. Parties shall not wait for the PHC to commence discovery. If the parties

are unable to resolve discovery disputes, they may tender their discovery

disputes to the Commission pursuant to the procedure set forth in Resolution

Dated November 16, 2006, at San Francisco, California.

/s/ JACQUELINE A. REED

Jacqueline A. Reed

Administrative Law Judge

C.06-10-023 JAR/niz

INFORMATION REGARDING SERVICE

I have provided notification of filing to the electronic mail addresses on the

attached service list.

Upon confirmation of this document’s acceptance for filing, I will cause a

copy of the filed document to be served upon the service list to this proceeding

by U.S. mail. The service list I will use to serve the copy of the filed document is

current as of today’s date.

Dated November 16, 2006, at San Francisco, California.

/s/ ELVIRA NIZ

Elvira Niz

************ SERVICE LIST ***********

Last Update on 16-NOV-2006 by: LIL

C0610023 NOPOST

************ APPEARANCES ************

Louie Decarlo

Mpliance Manager

MCI METRO ACCESS TRANSMISSION SERVICES

201 SPEAR STREET, 9TH FLOOR

SAN FRANCISCO CA 94105

(415) 228-2133

louie.decarlo@mci.com

For: MCI

Art Neill

UTILITY CONSUMERS' ACTION NETWORK

3100 5TH AVE. SUITE B

SAN DIEGO CA 92103

(619) 696-6966

mshames@ucan.org

Michael Shames

UTILITY CONSUMERS' ACTION NETWORK

3100 FIFTH AVE., SUITE B

SAN DIEGO CA 92103

(619) 696-6966

mshames@ucan.org

For: UCAN

********** STATE EMPLOYEE ***********

Jacqueline A. Reed

Administrative Law Judge Division

RM. 5017

505 VAN NESS AVE

San Francisco CA 94102 3298

(415) 703-2935

jar@cpuc.ca.gov