Assignment of Proceeding
Carl W. Wood is the Assigned Commissioner and Sarah R. Thomas is the assigned ALJ in this proceeding.
Finding of Fact
There is regulatory uncertainty at the federal level as to whether ILECs will be required to offer CLECs line-sharing over fiber-fed loops.
Conclusion of Law
It is best to resolve the issues the protesting parties raise in A.01-11-014 at a later time, when we have more regulatory certainty regarding the ILECs' obligations in this area, and to preserve scarce Commission resources and ease logistics.
IT IS ORDERED that:
1. We grant in part and deny in part the petition of Covad Communications Company, MCI, Inc., AT&T Communications of California, WorldCom, Inc. and The Utility Reform Network (collectively, Covad et al.) to modify Decision (D.) 03-06-044. We close the proceeding, but allow the parties to seek to have the proceeding reopened once federal uncertainty regarding the competitive issues raised in this proceeding is resolved.
2. If the federal uncertainty related to the competitive issues in this proceeding abates, and Covad et al. determine that this is an appropriate proceeding in which to seek resolution of the competitive issues they raise, they may ask the Commission to reopen this proceeding. We will treat any such request liberally, and err in favor of reopening the proceeding.
3. These proceedings are closed.
This order is effective today.
Dated __________, at San Francisco, California.
