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INTEL's Motion in California ISDN Case

  This is a motion Intel filed in the California Pac Bell ISDN tariff 
  proceeding.  Also, i might add that on friday CPT was told by the 
  California PUC that they protests filed after the 5th would be accepted, 
  and that they were processing the comments filed by electronic 
  mail at public.advisor@cpuc.ca.gov, and these comments were considered to 
  be thoughtful and useful to the PUC staff.  jamie
       Application of Pacific Bell for            )
       Authority to Increase and Restructure      )                        
       Certain Rates of its Integrated            )               
       Services Digital Network Services          )
                  I.  Introduction and Summary
                  Intel Corporation  ("Intel") hereby moves to extend the 
       date for filing protests to the above-captioned application (the 
       "Application") from January 19, 1996 to February 19, 1996.   In the 
       Application, Pacific Bell is seeking to increase the rates for its 
       Integrated Services Digital Network services ("ISDN services").  
                  This motion should be granted because:  (i) Intel first 
       received a copy of the Application on January 3, 1996 (para. 2, 
       attached Declaration of Dhruv Khanna ("Khanna Decl.")) -- almost a 
       full month after it was originally filed; (ii) this Application is 
       of enormous public significance; (iii) numerous high-technology 
       companies, Internet access providers, on-line service providers and 
       users of personal computers ("PCs") and others have a vital stake 
       in this Application --  who have not been served with the 
       Application, and will require adequate time to review the 
       Application and respond accordingly (para. 3., Khanna Decl) ; (iv) 
       the public interest will be served by participation of PC industry 
       and on-line community in this proceeding; (v) the due process 
       rights of the PC and on-line industry participants should be 
       safeguarded; and (vi) Pacific Bell will not be unfairly prejudiced 
       by the grant of this motion.       
                  II.  Public Interest in ISDN PC Communications and this 
                  Intel, a leader in the computer industry, is playing an 
       instrumental role in transforming the PC into a powerful, 
       interactive, PSTN-connected communications tool.  Over the years, 
       Intel has roughly doubled the computing power of PC microprocessors 
       available every 18 months at constant prices.   As a result, PCs 
       are increasingly able to provide high-quality performance of a 
       variety of interactive multimedia applications, including access to 
       the Internet and other on-line services, remote-Local Area Network 
       ("LAN") access, and simultaneous data, audio and videoconferencing. 
        More than a third of all U.S. households have PCs.  Internet use 
       is increasing dramatically.  The use of  telecommuting, 
       videoconferencing and remote LAN access is also poised to increase 
                  However,  the only affordable bandwidth that is 
       currently available ubiquitously on the PSTN is limited to analog 
       POTS (plain old telephone service).  Analog POTS affords limited 
       bandwidth, and recent developments in the PC industry and in 
       customer preferences are highlighting the inadequacies of analog 
       POTS as means for PC communications.  For example, access to the 
       Internet, access to commercial online services, remote-LAN access 
       and videoconferencing over analog POTS is significantly inferior (4 
       times as slow) than over ISDN services.  While analog POTS affords 
       up to 28.8 kilo bits per second ("kbps") transmission speeds over 
       28.8 kbps POTS modems, ISDN provides digital connectivity at up to 
       128 kbps (two 64 kbps channels) over the same ubiquitous copper 
       local loop and digital switches that are currently used for analog 
       POTS.  Many PC users have already invested in powerful, 
       multimedia-capable PCs. The PC industry (hardware and software 
       companies), the on-line service industry and others have invested 
       heavily and continue to invest heavily in a wide array of 
       ISDN-related products.  An entire industry is poised to deliver 
       mass-market ISDN products.  Unreasonable ISDN pricing, as proposed 
       by Pacific Bell in this Application, may preclude the development 
       of a mass-market ISDN industry, and will certainly retard its 
       III.  Service of this Application on the PC Industry and On-line 
                  Intel and other PC companies and on-line industry 
       participants have not historically been actively involved in the 
       regulatory processes related to telecommunications carriers at this 
       Commission or elsewhere.  Based on Intel's previous, and highly 
       limited, but ISDN-focused, participation in regulatory matters at 
       the Commission, Pacific Bell should have reasonably known that 
       service of this Application at least on Intel, and on similar PC 
       industry participants and on-line service providers was necessary 
       when it was filed on December 5, 1995.   (Para. 4, Khanna Decl.)   
       Intel was not served with this Application when it was filed and 
       obtained a copy on January 3, 1996 only after making repeated 
       requests. (Para. 2, Khanna Decl.)  Thus Intel has received the 
       Application almost a whole month after it was originally filed.  
       Intel believes that other PC industry participants who are selling 
       ISDN hardware and software, and on-line service providers also have 
       not been served with the Application, even though Prodigy in 1993 
       submitted a formal protest to Pacific's ISDN tariff as originally 
       proposed.  (Para. 3, Khanna Decl.)
                  Granting this motion is in the public interest: the 
       Commission, the state of California and the California public have 
       an enormous stake in the rapid growth of ISDN-based PC 
       communications:  The growth of ISDN-based PC communications will 
       directly and substantially enable the continued growth of 
       California's (and the nation's) high-technology industry.  It will 
       also deliver educational, environmental, productivity, competitive, 
       and a host of related benefits to the California public -- school 
       children, teenagers, seniors, small and large businesses, health 
       care providers, and others -- and quality of life benefits to 
       telecommuters and the online community.  The growth of ISDN-based 
       PC communications will be severely retarded unless ISDN rates in 
       California are reduced.  The Commission and the public will benefit 
       from the considered participation of the PC industry, on-line 
       industry, and the on-line community in this matter.   The 
       Commission should allow for more time for the PC industry, on-line 
       industry and the vast community of on-line users to receive, 
       review, consider and respond to Pacific's Application, and not 
       accept Pacific's invitation to proceed with haste on this 
       IV.  Conclusion
                  Based on the foregoing, Intel respectfully requests that 
       the Commission extend the deadline for the filing of protests to 
       this Application through February 19, 1996.  Intel respectfully 
       requests that the Commission issue a ruling extending the current 
       deadline of January 19, 1996 as soon as feasible and fax such 
       ruling to Intel counsel indicated below.
       Date:  January 4, 1996
                                                          Dhruv Khanna, 
                                                          Mail Stop: 
                                                          5200 N.E. Elam 
       Young Parkway
                                                          Hillsboro, OR 
                                                          (503) 696-7162
                                                          fax: (503) 
                                                  Attorney for Intel 
                  1.  My name is Dhruv Khanna.  I am an active member of 
       the California State Bar, and I am currently employed by Intel 
       Corporation as a Senior Attorney in Hillsboro, OR.
                  2.   Pacific Bell filed the above-captioned application 
       with the Commission on December 5, 1995 and did not serve Intel 
       with this Application.  Since receiving the Commission's daily 
       calendar dated December 20, 1995, which notes the filing of Pacific 
       Bell's ISDN rate increase application, A.95-12-043, I have made 
       numerous attempts to reach the appropriate individuals at Pacific 
       Bell in order to obtain a copy of the Application.  I was directed 
       from Ms. Mary Van Der Pan to Mr. Robert Mazique to Mr. Larry 
       Bercovich to Mr. Larry Green.  I received a copy of Pacific Bell's 
       Application on January 3, 1996, almost a full month after it was 
       originally filed by Pacific Bell.
                  3.  On information and belief, I declare that numerous 
       PC industry participants, Internet access providers, and on-line 
       users are vitally interested in and affected by this Application.  
       I am aware that Prodigy, a commercial on-line service provider, 
       filed a formal protest to Pacific Bell's advice letter submitting 
       its 1993 ISDN tariff.  I am informed and believe that such entities 
       and individuals have not yet received, and have therefore not yet 
       reviewed this Application. 
                  4.  Intel's previous participation at the Commission on 
       telecommunications matters has been focused on ISDN matters of 
       which Pacific Bell has had actual notice.
                  To the best of my knowledge and belief, and under 
       penalty of perjury under the laws of the State of California, I 
       declare that the foregoing is true and correct.  Executed this 4th 
       day of January, 1996, at San Francisco, California.
                                          DHRUV KHANNA 
          I hereby certify that I have had served this day the foregoing 
       document by fax on Larry Bercovich, attorney for Pacific Bell, at 
       (510) 867-0150.
          I declare under penalty of perjury under the laws of the State 
       of California that the foregoing is true and correct and that this 
       declaration was executed on January 4, 1996, at San Francisco, CA.
       Application of Pacific Bell for            )
       Authority to Increase and Restructure      )                        
                                                  )     A.95-12-043
       Certain Rates of its Integrated            )               
       Services Digital Network Services          )
       ____________________________________       )
          For good cause shown, Intel's Ex Parte Motion For Extension for 
       Filing of Protests to the above application is hereby granted.  The 
       deadline for filing of protests to the application shall be 
       extended through February 19, 1996.
          This order is effective today.
          Dated: _________, at San Francisco, CA
       Administrative Law Judge