IV. Assignment of Proceeding
Geoffrey F. Brown is the Assigned Commissioner and Dorothy J. Duda is the assigned Administrative Law Judge/Arbitrator in this proceeding.
1. The March 10, 2005 Joint Ruling on XO's motion, as set forth above, was made after full briefing.
2. The Joint Ruling resolves a dispute concerning SBC's announcement that, beginning on March 11, 2005, it would reject all orders for new lines utilizing various UNEs and would also stop processing requests for moves, adds, and changes for each CLEC's existing customer base using these various UNEs.
3. SBC made this announcement pursuant to its interpretation of the legal effect of the FCC's recently issued TRRO, released February 4, 2005.
4. The Joint Ruling directed SBC to continue providing the equivalent functionality of dedicated transport, high capacity loops, dark fiber, and unbundled local switching for both for new and existing customers.
5. In D.05-03-028, the Commission confirmed that SBC did not have to process CLEC orders for UNE-P arrangements to serve new customers after March 11, 2005.
1. The March 10, 2005 Joint Ruling on XO's motion resolves issues brought before the Commission relating to disputes over SBC's obligations on and after March 11, 2005 to continue offering various UNEs, as identified in the TRRO, for new customers and for additions or other changes to lines for existing UNE customers.
2. The March 10, 2005 Joint Ruling should be modified to remove the requirement that SBC process UNE orders for unbundled local switching (including UNE-P), dedicated transport, high capacity loops, and dark fiber for new customers, unless conditions set forth in the TRRO regarding the number of business lines served and the number of facilities-based competitors in a particular market are met, consistent with the findings and conclusions in D.05-03-028.
3. The March 10, 2005 Joint Ruling, when modified as discussed in this order, is consistent with the TRRO, and accordingly should be affirmed by the Commission in accordance with Pub. Util. Code § 310.
4. The 30-day period for comments on draft decisions set forth in Pub. Util. Code § 311(g)(1) as well as the comment period in Rule 77.7 should be reduced in view of the need to resolve a potential inconsistency of treatment among carriers, which constitutes a public necessity.
IT IS ORDERED that:
1. The March 10, 2005 Assigned Commissioner's and Arbitrator's Ruling granting the motion for an expedited order to maintain the status quo, attached hereto as Appendix A, is modified as set forth herein to remove the requirement that SBC California process orders for dedicated transport, high capacity loops, dark fiber, and unbundled local switching (including UNE-Platform) for new customers as of March 11, 2005, unless conditions set forth in the Federal Communications Commission Triennial Review Remand Order regarding the number of business lines served and the number of facilities-based competitors in a particular market are met.
2. The Assigned Commissioner's and Arbitrator's Ruling of March 10, 2005, as modified above, is hereby confirmed in all other respects.
This order is effective today.
Dated _____________, 2005, at San Francisco, California.
GFB/DOT/tcg 3/10/2005 APPENDIX A
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Request for Arbitration of XO California, Inc. of an Amendment to an Interconnection Agreement with SBC California pursuant to Section 252(b) of the Communications Act of 1934, as amended. |
Application 04-05-002 (Filed May 3, 2004) |
ASSIGNED COMMISSIONER'S AND ARBITRATOR'S RULING
ON MOTION FOR AN EXPEDITED ORDER REQUIRING
SBC CALIFORNIA TO MAINTAIN THE STATUS QUO PENDING
THE OUTCOME OF THIS ARBITRATION
