ALJ/JAR/MOD-POD/rbg/lil Date of Issuance 3/13/2009

Decision 09-03-016 March 12, 2009

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Blue Casa Communications, Inc. (U6764C), Complainant, vs. Pacific Bell Telephone Company, d/b/a AT&T California (U1001C), Defendant.

Case 07-10-015 (Filed October 18, 2007)

Goodin, MacBride, Squeri, Day & Lamprey, LLP,
John L. Clark, Attornery at Law, for Blue Casa Communications, Inc., complainant.

Mayer Brown, LLP, and Anna Kapetanakos, Michael T. Sullivan, Attorney at Law, for AT&T California, defendant.

MODIFIED PRESIDING OFFICER'S DECISION DENYING COMPLAINT

Summary

Blue Casa Communications, Inc. (Blue Casa or Complainant) asks the Commission to determine whether Pacific Bell Telephone Company, doing business as AT&T California, has a right under two agreements requiring Blue Casa to pay charges for information services provided to its end-users by third party information service providers. Defendant's motion to dismiss the cause of action arising out of the ancillary private agreement is granted. Complainant's motion to dismiss the cause of action arising out of the interconnection agreement (ICA) is denied. We find Complainant obligated under the ICA to pay $267,394.47 for the outstanding 900/976 charges, plus late payment fees, accrued by its end-users between April 7, 2006 and February 7, 2008. This proceeding is closed.