II. Arbitrator's Determinations

The arbitrator determined that the Blue Casa interconnection agreement is no longer available for adoption by other CLECs pursuant to Section 51.809 of the FCC's rules and Rule 7.2 of this Commission's Resolution ALJ-181 implementing Section 252 of the Telecommunications Act of 1995, because a reasonable period of time has elapsed since Blue Casa and Verizon entered into it: the original agreement is nearly seven years old, the original term of the agreement expired almost four years ago and the agreement is terminable upon 90 days' written notice. The arbitrator further determined that Blue Rooster is not entitled to operate under the Blue Casa Agreement pending resolution of its interconnection dispute with Verizon; to the extent that Blue Rooster seeks to commence operations pending negotiation and/or arbitration of an interconnection agreement, it should ask Verizon to honor the terms of an available interconnection agreement subject to retroactive price true-up based on the resolution of the negotiation or arbitration, consistent with the intent of
Rule 7.3.2 of Resolution ALJ-181.

We affirm the arbitrator's determination of the issues in this matter.