Section 728.2 Of Article 2. Rates From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 2.
728.2
. (a) Except as provided in subdivision (b), the commission
shall have no jurisdiction or control over classified telephone
directories or commercial advertising included as part of the
corporation's alphabetical telephone directories, including the
charges for and the form and content of such advertising, except that
the commission shall investigate and consider revenues and expenses
with regard to the acceptance and publication of such advertising for
purposes of establishing rates for other services offered by
telephone corporations.
(b) If the commission determines, after a hearing, that any
federal action would impair its ability to investigate and consider
revenues and expenses with regard to the acceptance and publication
of telephone directory advertising for the purpose of establishing
rates for other services offered by any telephone corporation, the
commission shall have the jurisdiction to regulate commercial
advertising in alphabetical and classified directories of telephone
corporations, except as provided in this subdivision.
(1) The commission's jurisdiction to regulate commercial
advertising in alphabetical and classified directories of telephone
corporations under this subdivision shall be limited to the rates and
charges for commercial directory advertising, except that the
commission shall investigate and consider revenues and expenses of
telephone corporations related to that advertising for purposes of
establishing rates for other services offered by telephone
corporations.
(2) The commission shall also have no jurisdiction over the
following:
(i) The form and content of the advertising in alphabetical and
classified directories of telephone corporations.
(ii) The form and content of the directories in which that
advertising appears.
(iii) Directory advertising practices.
(iv) The determination of the geographic areas served by those
directories.
(v) Complaints by any corporation or person regarding directory
advertising.
(3) The commission, by its own motion or on petition of any
telephone corporation, may, after a hearing, issue an order
relinquishing the jurisdiction assumed under this subdivision, except
its jurisdiction to investigate and consider the revenues and
expenses specified in paragraph (1) if the commission determines that
relinquishing the jurisdiction will not affect its ability to
investigate and consider those revenues and expenses. As used in this
subdivision, "federal action" means the introduction of a bill in
Congress, an order of the Federal Communications Commission, or an
order or decision of any federal court which would prohibit state
regulatory agencies which have no jurisdiction over directory
advertising from considering revenues from this source for ratemaking
purposes.