Background
CommPartners, LLC (CommPartners) is a certificated competitive local exchange carrier (CLEC) authorized to provide "limited facilities-based and resold local exchange and interexchange telecommunications services" in California.2 In late 2004, it entered into an interconnection agreement (ICA) with Pacific Bell Telephone Company, doing business as AT&T California,3 and in accordance with the terms of the ICA, established one-way trunks to AT&T California's selective routers4 for the routing of 911 calls. In early 2006, CommPartners submitted a disconnection order with AT&T California seeking removal of the enhanced 911 (E911) trunks. Citing the Complainant and AT&T California's ICA, AT&T California refused to disconnect the trunks.
In mid-2006, Complainant asked AT&T California for an E911 waiver amendment to their agreement. AT&T California provided CommPartners with a document entitled "13 State E911 Waiver." According to CommPartners, the document offered a method for it to receive a waiver of the ICA provisions, enabling disconnection of the E911 trunks, and indemnifying AT&T California from any resulting liability for E911 claims. AT&T California asked CommPartners to confirm that Complainant did not have end-users placing 911 calls.
In June 2006, CommPartners signed and submitted the E911 Waiver Amendment, and informed AT&T California that it was not directing any 911 traffic to the 911 trunks that were subject to the disconnection orders. CommPartners stated to AT&T California that all of its end-user 911 calls would automatically be routed by Intrado, an independent 911 provider, and that it was technically impossible for any end-user to send a traditional landline 911 call to CommPartners.
In August 2006, AT&T California denied CommPartners' waiver request and informed it that the incumbent carrier does not support two-way voice trunking configurations without the support of E911 trunks. In November 2006, CommPartners issued disconnection orders to remove the two-way interconnection trunks and E911 circuits in the Eureka local access and transport area (LATA). AT&T California approved the request and removed all Eureka circuits after confirming that CommPartners was removing its entire network in the LATA, not just the E911 trunks.
During 2007, pursuant to the ICA dispute resolution provisions, Complainant twice escalated its contention requesting removal of the E911 trunks, and Defendant denied each escalation. Complainant filed this matter on January 14, 2008, alleging failure to negotiate an ICA in good faith, and violation of state and federal discrimination laws. It seeks disconnection of specified E911 trunks, removal of all associated billing charges, reimbursement, and sanctions.
CommPartners and AT&T California contended that their dispute involves legal issues, not factual issues; therefore, they waived evidentiary hearings and requested that the Commission resolve this matter after review of the legal briefs. The parties stipulated to the receipt into the record of three exhibits,5 and filed concurrent opening briefs on September 22, 2008, and concurrent reply briefs on October 31, 2008. Both parties cooperatively responded to the Commission's technical staff's questions regarding the related network from October 2008 through December 2008.
2 Decision 04-09-045 (September 24, 2004).
3 CommPartners adopted the "SBC California/Pac-West Telecom, Inc." agreement pursuant to Section 252(i) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996. AT&T California previously did business as SBC California.
4 A selective router is a phone switch in a central office that provides tandem switching of 911 calls. It controls the delivery of the voice call with the caller's telephone number to the designated Public Safety Answering Point (PSAP) based upon the location of the caller.
5 Exhibits 1 and 3 are the Opening and Reply Testimony of CommPartners' Michael Burke, and Exhibit 2 is the Reply Testimony of AT&T California's Patricia Pellerin.
