III. CONCLUSION

For the purpose of clarification, we modify D.08-12-005 for the reasons discussed above. Good cause does not exist for the granting of Sprint's application for rehearing. Therefore, we deny rehearing of D.08-12-005, as modified.

THEREFORE, IT IS ORDERED that:

1. D.08-12-005 is modified as follows:

a. The third, forth, fifth, and sixth sentences on page 11 are modified to read as follows:

Several years later, in D.04-09-063, the Commission replaced the tandem switching rates adopted in D.99-11-050 [OANAD Order], and modified on an interim basis in D.02-05-012, with final tandem switching rates. In D.04-09-063 we stated that the switching rates we were adopting would replace the interim switching rates that were adopted in D.02-11-050. As set forth above, the Verizon Wireless 1997 ICA provided that the transit rates contained therein would be replaced with the tandem transit rates adopted in the OANAD proceeding. The 1999 ICA Amendment replaced the transit rates with the tandem switching rates adopted in D.99-11-050. In doing so, the Amendment stated "all interim OANAD prices identified in the Agreement are hereby deleted and replaced with the prices contained in the above-referenced OANAD Order. On the basis of that language, and the Commission's order in D.04-09-063 replacing the interim rates adopted in D.02-05-012 which replaced the rates adopted in D.99-11-050, AT&T updated Verizon's Wireless' transit rates in conformance with the tandem switching rates adopted in D.04-06-063.

2. Rehearing of D.08-12-005, as modified, is hereby denied.

3. This proceeding, C.07-12-019, is hereby closed.

This order is effective today.

Dated September 23, 2010, at San Francisco, California.

MICHAEL R. PEEVEY

                   President

DIAN M. GRUENEICH

TIMOTHY ALAN SIMON

NANCY E. RYAN

          Commissioners 

 

  Commissioner John A. Bohn,

being necessarily absent, did not participate.