Assignment of Proceeding

Timothy Alan Simon is the assigned Commissioner and
Maribeth A. Bushey is the assigned ALJ in this proceeding.

Findings of Fact

1. There are no allegations or evidence that any defendant has not historically offered and is not currently offering carriers intrastate access services through a validly filed tariff with rates that do not exceed the rate cap adopted in
D.07-12-020.

2. In D.07-12-020, the Commission authorized voluntary contracts for intrastate access services at rates different from the tariff rate over Qwest's objection that such contracts violate Pub. Util. Code §§ 532 and 453.

3. In the instant complaint, Qwest alleges that the defendants' voluntary contracts for intrastate access services at rates different from the tariffed rate violate Pub. Util. Code §§ 532 and 453.

4. Numerous motions, including several to file documents under seal, remain outstanding.

Conclusions of Law

1. The Commission has the authority pursuant to Pub. Util. Code § 532 to exempt public utilities from the obligation to offer public utility services only in accord with their filed tariffs.

2. In D.07-12-020, the Commission authorized carriers to offer intrastate access services in voluntary contracts at rates different from the valid tariffed rate, without further Commission ratemaking review.

3. In D.07-12-020, the Commission required that tariffed intrastate access service be offered to all carriers subject to a cost cap but imposed no restrictions on the voluntary contractual rates for intrastate access services.

4. Qwest's allegations of voluntary contracts for intrastate access services at rates different from tariffed rates do not constitute a violation of California law or Commission regulation.

5. Qwest's complaint should be dismissed.

6. Numerous motions to file documents under seal remain outstanding and should be granted; all other motions should be denied as moot.

FINAL ORDER

IT IS ORDERED that:

1. All outstanding motions to file documents under seal in this proceeding are granted. The documents attached to the motions shall be held under seal for two years from the date of this decision, and during that period the material so protected shall not be made accessible or disclosed to anyone other than Commission staff except on the further order or ruling of the Commission, the assigned Commissioner, the assigned Administrative Law Judge (ALJ), or the ALJ then designated as Law and Motion Judge. If any party believes that further protection of this information is needed after the two-year period, they may file a motion stating the justification for further withholding the material from public inspection, or for such other relief as the Commission rules may then provide. This motion shall explain with specificity why the designated material still needs protection in light of the passage of time involved. This motion shall be filed at least 30 days before the expiration of this protective order.

2. All outstanding motions other than motions to place documents under seal are denied.

3. The amended complaint is dismissed.

4. Case 08-08-006 is closed.

This order is effective today.

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

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