Competition’s Effect on Just and Reasonable Rates. Market Concentration Greenlining argued that the Commission’s evaluation of the state of competition should include a robust examination of market concentration, including specific study of disparate competitive impacts on communities of color. Goodman 3/15/2016 Testimony at p. 4; Opening Brief at p. 8. Greenlining further noted that many households from communities of color are “wireless-only” households and that many households from communities of color cannot afford both wireline and wireless service. (Goodman 06/01/2016 Testimony at pp. 3, 8-9). The Commission conducted a study of the broader telecommunications market as well as relevant submarkets. While the Final Decision did not make specific findings regarding market concentration in communities of color, it found that the largest markets for fixed and mobile voice were highly concentrated, (D.16-12-025 at pp. 71, 74) and that the largest markets for intermodal voice service were moderately concentrated (D.16-12-025 at p. 78). Additionally, the Final Decision noted that rural communities likely face higher levels of concentration than their urban counterparts. (Final Decision at pp. 56-57). These findings, while not specific to communities of color, so provide some insight into the state of competition for communities of color. Verified Greenlining opposed carriers’ arguments that a competitive market is characterized by a variety of service offerings, rather than competitors. Opening Brief at p. 7; Reply Brief at p. 5. The Final Decision did not rely on an evaluation of the number of service offerings in a market, instead relying on other indicators such as the HHI, as discussed above. See Final Decision at pp. 54-56.
Competitive Effects Greenlining argued that ongoing market consolidation caused by recent mergers would result in fewer competitors in the market and could therefore result in a reduction in competition. Goodman 3/15/2016 Testimony at p. 4; Goodman 06/01/2016 Testimony at pp. Opening Brief at p. 9. The Final Decision notes increasing consolidation in the wireline voice (Final Decision at p. 70, note 188), wireless (Final Decision at p. 73, note 200), and broadband markets (Final Decision at p. 78). The Final Decision calculated the Herfindahl-Hirschman Index (HHI) for relevant markets, noting that the HHI is an indicator of increased market concentration which can result in decreased competition. Final Decision at p. 55, note 141. The Final Decision further noted that the mobile voice market particularly suffered from an increase in HHI (Final Decision at p. 74) and noted that “40 percent of Californians generally live in less densely populated MSAs and counties that we expect would be more concentrated for every product market we examine.” Final Decision at p. 56. Just and Reasonable Rates Greenlining, along with other consumer advocates, argued that the Commission should take additional action to ensure that rates are just and reasonable. Greenlining also urged further action to address the concerns identified elsewhere in the decision. See CforAT/Greenlining Comments on PD at pp. 7-11 and Final Decision at pp. The Final Decision clearly and repeatedly states the Commission’s obligation to ensure that rates are just and reasonable for all customers. See e,g, Final Decision at p. 189, COL 1 and p. 191, COL 17.
Paul Goodman 2017 0.7 $330 $231.00 0[B] $325 $0 Subtotal: $ 49523.50 Subtotal: $49,097.50 INTERVENOR COMPENSATION CLAIM PREPARATION ** Item Year Hours Rate $ Basis for Rate* Total $ Hours Rate Total $ Paul Goodman 2016 0.6 0.6 $162.50 $97.50 Paul Goodman 2017 11.2 $165 See Comment A $1,848 11.2 $162.50 $1,820.00 Subtotal: $1,848 Subtotal: $1,917.50 TOTAL REQUEST: $51,371.50 TOTAL AWARD: $51,015.00 *We remind all intervenors that Commission staff may audit their records related to the award and that intervenors must make and retain adequate accounting and other documentation to support all claims for intervenor compensation. Intervenor’s records should identify specific issues for which it seeks compensation, the actual time spent by each employee or consultant, the applicable hourly rates, fees paid to consultants and any other costs for which compensation was claimed. The records pertaining to an award of compensation shall be retained for at least three years from the date of the final decision making the award. **Travel and Reasonable Claim preparation time typically compensated at ½ of preparer’s normal hourly rate ATTORNEY INFORMATION Attorney Date Admitted to CA BAR Member Number Actions Affecting Eligibility (Yes/No?) If “Yes”, attach explanation Paul Goodman 04/24/2002 219086 No C. CPUC Disallowances and Adjustments: Item Reason A Re-assigned 0.6 hours spent on NOI drafting to Intervenor Compensation Claim Preparation. B Hours related to the Application for Re-Hearing should be requested following its resolution. PART IV: OPPOSITIONS AND COMMENTS A. Opposition: Did any party oppose the Claim? No