2. Background

AT&T filed its complaint against Sprint PCS on December 19, 2007. In its complaint, AT&T claims that Sprint PCS unilaterally changed the rate for "transiting service" in its approved interconnection agreement (ICA) with AT&T. AT&T also claims that Sprint PCS is withholding amounts that it does not dispute on AT&T's current bills in an attempt to take back amounts Sprint PCS paid AT&T in the past for transiting.

In its February 11, 2008 answer, Sprint PCS denied the allegations of AT&T's complaint. The parties agree that this proceeding should be categorized as adjudicatory, but disagree on the need for hearings. AT&T believed that the matter could be resolved on the basis of motions, while Sprint PCS indicated that, without first having conducted discovery regarding the allegations in AT&T's complaint, Sprint PCS could not ascertain whether an evidentiary hearing would be required.

Following a period of discovery, a Prehearing Conference (PHC) was held on April 29, 2008. The assigned Administrative Law Judge (ALJ) indicated that the primary purpose of the PHC was to determine the need for hearings. At the PHC, Sprint PCS indicated that it had not yet completed the discovery process so the ALJ set up a process whereby the parties provided frequent progress updates by way of telephone conference calls.

A second PHC was held on July 1, 2008, and the ALJ ruled that an evidentiary hearing would be held on one issue, whether transit service and tandem switching are identical. The scope of the proceeding was reinforced in the Assigned Commissioner's Scoping Memo, issued on July 7, 2008. The parties filed testimony and a hearing was scheduled for August 19, 2008. On August 14, 2008, AT&T filed a motion to strike portions of the opening and reply testimony of Sprint PCS' witness. Sprint filed in opposition to AT&T's motion on
August 20, 2008.

After reviewing the testimony, the parties agreed that they would rely on the testimony as submitted, and there was no need for an evidentiary hearing. The parties continued to work on a stipulated set of documents which would be submitted into the record. The stipulated set of documents, including the parties' testimony, was provided to the assigned ALJ on September 25, 2008. Opening briefs were filed on September 23, 2008, and reply briefs, on October 8, 2008. On November 26, 2008, the ALJ ruled on AT&T's motion to strike and ruled that the stipulated set of documents would be placed in the formal file of the proceeding.