6. Comments on Proposed Decision

The proposed decision of the ALJ in this matter was mailed to the parties in accordance with Section 311 of the Pub. Util. Code and comments were allowed under Rule 14.3 of the Commission's Rules of Practice and Procedure. Comments were filed by the CPSD on January 12, 2008. No reply comments were filed.

CPSD objects to the failure to any fine on Skynet for the what CPSD contends was a series of violations of Rule 1.1 of the Commissions Rules of Practice and Procedure, which sets forth the fundamental ethics rules established by the commission regarding participants in our proceedings. They require, among other things, that parties will "never mislead the Commission or its staff by an artifice or false statement of fact or law."

While Skynet was clearly in error in its initial assertions asserting no intrastate revenue, as the ALJ has noted, in response to CPSD and upon a reexamination of data from its underlying carrier, it determined that a small amount of traffic was intrastate. It advised the Commission of this finding, thus, correcting the error. On the basis of what the ALJ determined to be an inadvertent error, we are not going to find a Rule 1.1 violation in this proceeding.