AT&T California v. Public Utilities Commission
Petitioner AT&T California (AT&T) petitioned for review of a decision by the California Public Utilities Commission (Commission). The Commission found that AT&T violated Public Utilities Code section 2883,[1] which requires the provision of 911 emergency service (911-only service, also referred to as warm dial tone) to residential telephone connections for which billed telephone service has not been established or has been voluntarily or involuntarily terminated. Specifically, the Commission ruled that AT&T violated section 2883, subdivision (a) (section 2883(a)) by terminating 911-only service to currently or previously occupied residential units approximately 180 days after the voluntary or involuntary termination of billed service to those residences (the 180-day termination policy), and by failing to provide 911-only service to new residential units. The Commission also ruled that AT&T violated section 2883, subdivision (c) (section 2883(c)) by failing to provide subscribers with accurate information about the availability of 911-only service. The Commission imposed a penalty and ordered AT&T to modify its policies.
In its petition, AT&T contended the Commission erred by: (1) assigning to AT&T the burden of proof on one issue; (2) admitting certain expert testimony; (3) ruling that AT&T violated section 2883(a) by failing to provide 911-only service to new residences; (4) ruling that AT&T violated section 2883(c) by failing to notify subscribers of the availability of 911-only service; (5) imposing a penalty without adequate notice of the prohibited conduct, in violation of AT&Ts due process rights; and (6) declining to apply a statute of limitations from the Code of Civil Procedure to limit the amount of the penalty.
Court granted the petition, only as to the following issues.
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