III. Public Review and Comment

The period for public review and comment on this decision is waived pursuant to Rule 14.6(c)(5) of the Rules of Practice and Procedure.

1. The Final Arbitration Agreement 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.

2. The Final Arbitration Agreement 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.

1. Verizon should not be required to make the Blue Casa interconnection agreement available for adoption by Blue Rooster.

2. 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.

3. The Final Arbitrator's Report should be affirmed.

4. This proceeding should be closed.

O R D E R

IT IS ORDERED that:

1. We affirm the determinations reached in the July 12, 2010 Final Arbitrator's Report.

2. This proceeding is closed.

This order is effective today.

Dated July 29, 2010, at San Francisco, California.

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