3. Discussion

Parties state that some portions of the negotiated ICA conform with D.00-10-032, but other parts represent mutually agreeable terms negotiated after the Commission's decision. Parties assert that requiring parties to file an ICA that conforms with D.00-10-032, plus an accompanying statement, would only result in unnecessary expenditures of time and resources, and generate confusion as to which ICA governs parties in California. We agree.

Moreover, the public had the opportunity to protest the negotiated ICA, and no protests were filed. (Rule 4.3.2 of Revised Rules Governing Filings Made Pursuant to the Telecommunications Act of 1996, Resolution ALJ-181.) Further, no responses to the petition for modification were filed. There is no known objection to granting the requested relief.

A negotiated ICA is in place, and is effective through May 31, 2003. No purpose would be served by requiring parties to comply with ordering paragraphs 2 and 3 of D.00-10-032.