Need for Hearings

At the May 2, 2001, PHC, parties acknowledged that there might be no need for hearings in the HFPL Phase, since this is essentially a policy issue. Parties were directed to file comments on July 2, 2001, once they had an opportunity to review all relevant testimony in the HFPL Phase. Pacific and Verizon filed on July 2, 2001 indicating that they saw no need for hearings. TURN made an amended filing on July 3, 2001, in which it withdrew its previous filing supporting hearings. TURN determined that, given the quality of the testimony submitted, these critical issues could adequately be decided based on written argument.

Rhythms, in its July 2, 2001 filing on the need for hearings, indicates that if the Commission does not grant Rhythms' Motion to Strike in whole, then Rhythms anticipates there would be material facts or issues in dispute that would require evidentiary hearings. In my e-mail message of July 5, 2001, denying Rhythms' motion to strike, I indicated that, based on Rhythms filing, it appeared that hearings would be necessary on July 10-11, 2001. In my e-mail, I asked Rhythms to confirm to all parties as soon as possible that Rhythms continued to believe that hearings would be necessary to address the issues in this HFPL phase. I indicated that if hearings were to go forward, parties needed as much time as possible to prepare.

Rhythms responded by e-mail to all parties on July 5, 2001 and stated:

In light of your ruling [the ruling denying Rhythms' Motion to Strike], and after a further review of all of the testimony submitted in this HFPL pricing portion of the case, Rhythms has decided not to pursue its conditional request for hearings.

Since no party requested hearings for the HFPL phase, the previously scheduled hearings set for July 10-11, 2001 were cancelled. Parties will file briefs on the issues set for this Phase.

Therefore, IT IS RULED that:

1. Rhythms Links, Inc.'s June 19, 2001 motion to strike is denied.

2. Parties have agreed that hearings will not be necessary in the High Frequency Portion of the Loop (HFPL) Phase of this Permanent Line Sharing Proceeding, so the evidentiary hearings scheduled for July 10-11, 2001 have been cancelled and shall not be rescheduled.

3. Opening Briefs on the issues slated for the HFPL Phase shall be filed and served on July 27, 2001, and Reply Briefs, on August 10, 2001.

Dated July 19, 2001, at San Francisco, California.

		/s/ KAREN A. JONES
		Karen A. Jones Administrative Law Judge

CERTIFICATE OF SERVICE

I certify that I have by mail this day served a true copy of the original attached Administrative Law Judge Ruling Denying Rhythms' Motion to Strike and Confirming that No Hearings Will be Held in the High Frequency Portion of the Loop (HFPL) Phase of This Proceeding on all parties of record in this proceeding and in R.95-04-043/I.95-04-044 or their attorneys of record.

Dated July 19, 2001, at San Francisco, California.

/s/ KRIS KELLER

Kris Keller

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.

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The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: Calendar Clerk (415) 703-1203.

If specialized accommodations for the disabled are needed, e.g., sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074, TTY 1-866-836-7825 or (415) 703-5282 at least three working days in advance of the event.