Comments on Proposed Decision

The proposed decision of the ALJ in this proceeding was mailed to the parties in accordance with Pub. Util. Code § 311 and Rule 14.3 of the Commission's Rules of Practice and Procedure. CommPartners filed opening comments on December 4, 2009, and AT&T California filed reply comments on December 8, 2009. We have reviewed the comments, and taken them into account, as appropriate, in finalizing this decision.

Findings of Fact

1. CommPartners is a certificated CLEC authorized to provide "limited facilities-based and resold local exchange and interexchange telecommunications services" in California.

2. In late 2004, it opted into the AT&T California-PacWest Telcom, Inc. ICA.

3. Under the terms of the ICA, CommPartners established one-way trunks to AT&T California's selective routers for the routing of 911 calls.

4. In early 2006, CommPartners submitted a disconnection order with AT&T California and asked for enhanced 911 trunks to be removed.

5. Citing the relevant provisions of their ICA, AT&T California refused to disconnect the trunks.

6. In mid-2006, CommPartners asked AT&T California for an E911 waiver amendment to their agreement, and received a document entitled "13 State E911 Waiver" from AT&T California.

7. AT&T California asked CommPartners to confirm that Complainant was not sending any 911 traffic to it.

8. CommPartners signed and submitted an E911 waiver, and told 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.

9. 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.

10. In November 2006, CommPartners issued disconnection orders to remove the two-way interconnection trunks and E911 circuits in the Eureka LATA.

11. 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.

Conclusions of Law

1. The AT&T California-CommPartners ICA requires CommPartners to establish dedicated 911 trunks between each of its switches and AT&T California's Selective Router for the routing of 911 calls.

2. Section 4 of the Appendix ITR of the ICA requires the 911 trunks to be one-way outgoing trunks.

3. There is no language in the agreement that makes the requirement to install and maintain the 911 trunks optional.

4. Neither Section 251 nor Section 252 of the Act compels AT&T California to relieve CommPartners of its 911 trunking obligations under the agreement.

5. Moreover, regarding this issue, federal law controls and Pub. Util. Code § 453 offers CommPartners no relief from the contractual obligations of its ICA.

ORDER

IT IS ORDERED that:

1. The complaint of CommPartners, LLC against Pacific Bell Telephone Company, doing business as AT&T California is denied for failure to state a claim for which relief can be granted.

2. Case 08-01-007 is closed.

This order is effective today.

Dated December 17, 2009, at San Francisco, California.

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