BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION

Investigation on the Commission's own )

Motion into the Operations, Practices )

And Conduct of Pacific Bell Wireless LLC, )

dba Cingular Wireless, U-3060, U- 4135 )

and U-4314, and related entities. )

) I. 02-06-003
) (Filed June 6, 2002

________________________________ )

MOTION TO INTERVENE OF UTILITY CONSUMERS' ACTION NETWORK

I. Introduction & Summary

Pursuant to Rule 45(c)(1) of the Commission's Rules on Practice and Procedure, the Utility Consumers' Action Network (UCAN) hereby submits and files this Motion to Intervene in the above captioned proceeding. UCAN files this Motion at this time after having reviewed the substantive issues of the proceeding as defined in the Order Instituting Investigation Into the Operations of Pacific Bell Wireless and Related Entities, DBA Cingular, dated June 6, 2002 (hereafter referred to as "OII").

UCAN's Motion to Intervene is based on two substantial contributions that UCAN seeks to make.

1) UCAN has additional and unique evidence of consumer complaints alleging the same service problems outlined in the OII. This complaints focus on San Diego area service problems, although other areas of the state are included.

2) UCAN is investigating reports of different actions on the part of Cingular which may serve as the basis for expanding the scope of the OII in the near future.

II. Why UCAN is Qualified to Intervene
UCAN is a non-profit consumer advocacy organization, and has a long history of representing the interests of residential and small commercial customers of California's telecommunications companies before the Commission. UCAN's articles of incorporation specifically authorize its representation of the interests of residential customers.

UCAN has long been a resource both for mobile phone information and for resolution of mobile phone consumer complaints. UCAN has studied the mobile phone marketplace and recently published a mobile phone buyers guide. UCAN is also compiling information from consumers about "dead spots" and other mobile phone service problems in the San Diego area. Finally, UCAN has initiated legal action against other cell phone retailers or providers, and can bring this experience to this investigation.

III. Discussion

a) UCAN can present additional, unique evidence in support of the allegations made in the OII.

UCAN has received numerous reports from consumers alleging the same behavior at the root of the OII. While these complaints do come from a geographically diverse area of the state, the majority focus on activity in the San Diego area, which UCAN believes may be underrepresented among complaints received by the Commission.

In addition, UCAN would hope to provide testimony and legal arguments on the following points:

· Whether consumers were properly informed of the termination policy;

· Whether consumers Whether those affected consumers have been adequately compensated, including interest paid;

· Whether restitution compels additional measures by the complainants;

· Whether such billing practices are on-going;

· Whether preventive measures and solutions have been implemented in order to ensure that such mistakes are not repeated.

b) UCAN may present evidence of additional wrongdoing

UCAN is continuing to receive varied complaints from Cingular subscribers. This complaints include the service and termination issues identified in the OII. The complaints also include allegations of ongoing deceptive advertising practices and billing errors.

UCAN is continuing its own investigation into these complaints and may, as appropriate, make a motion to expand the scope of the OII.

III. Conclusion
For these reasons, UCAN requests that it be permitted to intervene in this proceeding. UCAN submits that no party to this proceeding will be detrimentally impacted by UCAN's intervention. All parties will have had ample notice of UCAN's intervention and the proceeding schedule should not be affected by this intervention.

Respectfully submitted, Date: July 25, 2002

By: ____________________________

Michael Shames, Esq.

Lee Biddle, Esq.

On behalf of UCAN

3100 5th Ave., Suite B

San Diego, CA 92101

619-696-6966

619-696-7477 (f)

mshames@ucan.org

PROOF OF SERVICE

I, Betty Mallard, declare: I am employed in the City and County of San Diego, California. I am over the age of 18 years and am not a party to this action. On May 3, 2000, I served THE UTILITY CONSUMERS' ACTION NETWORK'S NOTICE OF INTENT TO CLAIM COMPENSATION on the parties listed on the attached service list by placing a true and correct copy thereof, addressed as shown on the attached service list via first class mail.

__________________________

Betty Mallard