V. Comment on Draft Decision
The draft decision of the ALJ in this matter was mailed to the parties in accordance with Section 311(g)(1) of the Public Utilities Code and Rule 77.7 of the Rules of Practice and Procedure. Pursuant to § 311(g)(2), BBOC agreed to reduce the otherwise applicable 30-day period for public review and comment to seven days. Comments were filed by _____________.
1. BBOC provides competitive local exchange service and interexchange and intraLATA long distance service in California pursuant to the certification it received from the Commission in 2000.
2. BBOC filed for bankruptcy on May 9, 2001.
3. BBOC seeks to withdraw from the provision of local exchange service, interexchange, and intraLATA long distance service in California.
4. On May 10, 2001, BBOC provided notice to its current customers that it planned to discontinue service on June 11, 2001, due to its bankruptcy filing. The notice directed customers to switch to another local carrier to avoid service interruptions and provided a toll free number for further assistance.
5. On June 21, 2001, BBOC sent a second notification to customers that it would discontinue service on June 26, 2001.
6. As of August 17, 2001, BBOC was providing service to 91 customers while awaiting Commission approval to withdraw from the market.
7. No protests to this application were filed and a hearing is not required.
1. Under GO 96-A, Commission approval is required before a carrier may withdraw from the provision of public utility service.
2. The customer notice requirements of D.97-06-096 apply to requests to discontinue service such as this one.
3. BBOC should be granted authority to discontinue offering resold local exchange service subject to the following conditions:
a. Within ten days of the effective date of this order, BBOC shall send a notice to all of its current California customers advising them that the Commission has authorized BBOC to withdraw from providing local exchange service effective ten days following the notice to customers.
b. The notice shall explain that the Commission has approved the withdrawal and that if the customer does not choose a new service provider within ten days, the customer will be transferred to the ILEC.
c. Any customers who do not select an alternative local exchange provider after the 10-day notice period shall be transferred to the underlying ILEC, subject to the ILEC's existing rights of termination, after proper notice.
d. BBOC shall send confirmation to the assigned ALJ certifying that the notices have been sent as directed and that any remaining customers have been transferred to the underlying ILEC.
ORDER
IT IS ORDERED that:
1. The application of BroadBand Office Communications, Inc. (BBOC) to withdraw from the provision of local exchange service, interexchange and intraLATA long distance service is hereby granted subject to the terms and conditions contained in this order.
2. BBOC is directed to prepare and mail within ten days of this decision a notice, as set forth in this decision, to its current California customers advising them that the Commission has authorized BBOC to withdraw from providing service effective ten days following the notice to customers.
3. Pacific Bell Telephone Company (Pacific) and Verizon California, Inc. (Verizon) are directed to accept all customers transferred to them from BBOC, subject to their rights to terminate such customers after proper notice if prescribed standards of service provision are not met.
4. BBOC shall send a compliance report to the assigned Administrative Law Judge, within 30 days of this decision, certifying that customer notification has properly been sent as directed in this order, that any remaining customers have been transferred to the underlying incumbent local exchange carrier, and that no customers were disconnected for failure to choose another provider.
5. BBOC shall retain its Certificate of Public Convenience and Necessity local exchange authority pending a final order in this docket following receipt and approval of the above-referenced compliance report.
6. A copy of this order shall be served on Pacific and Verizon.
This order is effective today.
Dated , at San Francisco, California.
