4. Waiver of Period for Public Review and Comment
This is an uncontested matter where the decision grants the requested relief. As a result, we waive the period for public review and comment on the proposed decision. (Rule 77.7(f)(2) of the Commission's Rules of Practice and Procedure.)
1. A negotiated ICA is in place, and is effective through May 31, 2003.
2. Some portions of the negotiated ICA conform with D.00-10-032, but other parts represent mutually agreeable terms negotiated after D.00-10-032.
3. No purpose would be served by requiring parties to file an ICA which conforms with D.00-10-032, along with an accompanying statement.
4. The petition for modification is uncontested.
1. The petition for modification should be granted.
2. The period for public review and comment of the proposed decision should be waived.
3. This order should be effective today to eliminate confusion about which ICA governs parties in California, and because it is in the public interest to implement national telecommunications policy as accomplished through the negotiated ICA as soon as possible.
IT IS ORDERED that:
1. The June 20, 2001 joint petition for modification is granted as provided herein, and denied in all other respects.
2. Ordering paragraph 2 of Decision (D.) 00-10-032 is deleted and replaced with:
"2. The requirement that parties sign, file and serve an ICA that conforms with the decision in the FAR and this order is waived in recognition that (a) parties filed a negotiated ICA on March 13, 2001, (b) no protests were filed, (c) the ICA became effective on May 24, 2001, and (d) the negotiated ICA is effective through May 31, 2003."
3. Ordering paragraph 3 of D.00-10-032 is deleted.
4. This proceeding is closed.
This order is effective today.
Dated October 25, 20001, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
