8. Assignment of Proceeding
Carl Wood is the Assigned Commissioner and Karen Jones is the assigned Administrative Law Judge in this proceeding.
1. No arbitrated portion of the ICA, as modified by this decision, fails to meet the requirements of § 251 of the Act, including FCC regulations pursuant to § 251, or the standards of § 252(d) of the Act.
2. No provision of the ICA conflicts with State law, including compliance with telecommunications service quality standards, or requirements of the Commission.
3. The Act requires that the Commission approve or reject an arbitrated ICA within 30 days after the agreement is filed (47 U.S.C. § 252(e)(4)), which in this case is within 30 days of the date statements in compliance with the FAR were filed.
4. A draft decision must be subjected to 30 days' public review and comment prior to the Commission's vote; however Rule 77.7(f)(5) provides that the Commission may reduce or waive the period for public review and comment under Pub. Util. Code § 311(g)(1) for a decision under the state arbitration provisions of the Act.
5. This is a proceeding under the state arbitration provisions of the Act.
1. The FAR and the ICA between Pacific and Vycera, which conforms to the decisions in the FAR, should be approved, as modified in this order.
2. The FCC's ISP Remand Order precludes carriers from opting into an existing agreement with regard to the rates paid for the exchange of ISP-bound traffic.
3. The ICA between Pacific and Vycera should be made effective on September 18, 2002, pursuant to Rule 7.3.2 in Resolution ALJ-181.
4. Vycera was not able to exercise the terms of the AT&T Agreement relating to facilities-based service until it received its partial facilities-based authority on October 3, 2002.
5. Pacific and Vycera should jointly file and serve within seven days of the date of this order a signed ICA which conforms with the outcomes herein.
6. The conformed, signed ICA should be effective on September 18, 2002.
7. The 30-day public review and comment period should be waived pursuant to Pub. Util. Code § 311(g)(3) and Rule 77.7(f)(5).
8. This order should be effective today because it is in the public interest to implement national telecommunications policy as accomplished through the ICAs which result from the decisions in the FAR and this order as soon as possible.
ORDER
IT IS ORDERED that:
1. We affirm the results reached in the December 9, 2002, Final Arbitrator's Report (FAR) as modified herein, and, pursuant to the Telecommunications Act of 1996, and Resolution ALJ-181, we approve the Interconnection Agreement (ICA) between Pacific Bell Telephone Company and Vycera Communications, Inc., with modifications.
2. Within seven days of the mailing date of this order, parties shall sign and jointly file and serve an entire ICA that conforms with the decisions in the FAR, as modified by this order. The signed ICA shall be effective as of September 18, 2002.
3. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
