ALJ/TJS/smj Date of Issuance 6/7/2010

Decision 10-06-006 June 3, 2010

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of North County Communications Corporation of California (U5631C) for Approval of Default Rate for Termination of Intrastate, IntraMTA Traffic Originated by CMRS Carriers.

Application 10-01-003 (Filed January 6, 2010)

DECISION DISMISSING APPLICATION WITHOUT PREJUDICE
DUE TO PENDANCY OF FEDERAL PROCEEDINGS

1. Summary

This decision dismisses Application 10-01-003 without prejudice. This is the most appropriate course of action at this time because of two factors: 1) the decision of the Federal Communications Commission, that has led to this application, is currently under appeal before the United States Court of Appeal for the District of Columbia (D.C. Circuit), and 2) the Federal Communications Commission has not indicated that it would use the results of this Commission's deliberations in resolving the dispute between North County Communications Corporation of California and MetroPCS California, LLC.

Following a decision by the D.C. Circuit and a commitment by the Federal Communications Commission to the use of a rate determined reasonable by this Commission, North County Communications Corporation of California may reapply for resolution of this matter.

Since the Commission has decided to dismiss the application without prejudice at this time, the Commission will not address the merits of the application. Furthermore, the Commission will not address at this time the motions claiming that the Commission lacks jurisdiction because the dismissal of the application renders these arguments moot. Parties may, however, refile these motions for dismissal or renew their arguments if and when this matter comes before the Commission again.