Assignment of Proceeding
Rachelle B. Chong is the assigned Commissioner and Karl J. Bemesderfer is the assigned Administrative Law Judge.
Findings of Fact
1. "Special access service" means non-switched lines dedicated to a customer's use between two points.
2. Special access services are offered to both retail and wholesale customers at the same rates, terms, and conditions.
3. The Commission classified some special access services offered by ILECs as Category III and some special access services as Category II under NRF.
4. D.08-09-015 authorizes CLECs and IXCs to offer special access services on a detariffed basis.
5. D.07-09-018 prohibits ILECs from offering special access services on a detariffed basis.
6. Price changes in Tier 1 advice letters are effective immediately pending disposition.
7. Price changes in Tier 2 advice letters are effective upon staff approval.
Conclusions of Law
8. For special access services that were classified as Category II, a Tier 1 advice letter is the appropriate means for an ILEC to change the price of the service within previously approved floors and ceilings.
9. A Tier 2 advice letter is the appropriate means for an ILEC to reduce the price of a special access service below a previously approved floor.
10. An application is appropriate for an ILEC to increase the price of a special access service above a previously approved ceiling.
11. For special access services that were classified as Category III, it is reasonable for the ILEC to change the price of the service through a Tier 1 advice letter, except for an increase in the maximum price of greater than 5%, in which case a Tier 2 advice letter is reasonable and approximates the filing treatment established previously under NRF.
ORDER
12. Competitive Local Exchange Carriers and Interexchange Carriers may offer special access services on a detariffed basis.
13. Incumbent Local Exchange Carriers shall offer special access services on a tariffed basis.
14. No Uniform Regulatory Framework Carriers shall impose use and user restrictions on special access services.
15. Incumbent Local Exchange Carriers may change the prices of Category II special access services through the following means:
a. Tier 1 advice letters for price changes within previously approved floors and ceilings,
b. Tier 2 advice letters for price reductions below previously approved floors (with cost support), and
c. Applications for price increases above previously approved ceilings.
16. Incumbent Local Exchange Carriers may change the prices of Category III special access services through the following means:
a. Tier 1 advice letter for price changes below the maximum price and for increases in the maximum price of 5% or less, and
b. Tier 2 advice letter for an increase in the maximum price greater than 5%.
17. General Order 96-B shall be revised as reflected in Appendix A.
This order is effective today.
Dated April 16, 2009, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
