Introduction

On March 3, 2005, XO California, Inc. (XO) filed a motion in this arbitration in response to an announcement by SBC California (SBC) that, beginning on March 11, 2005, it will reject all new orders for certain unbundled network elements (UNEs) pursuant to SBC's interpretation of the Federal Communication Commission's (FCC) recently issued Triennial Review Remand Order (TRRO), released February 4, 2005.

XO seeks a Commission order temporarily restricting SBC from rejecting orders for UNEs related to transport, high capacity loops, dark fiber and unbundled local switching (including UNE-Platform, or "UNE-P") pending compliance with the change of law provisions in its existing interconnection agreement (ICA) between SBC and XO. XO claims that it will be unable to place orders for these UNEs in California after March 10, 2005, unless this Commission takes affirmative action to prohibit SBC from rejecting such UNE orders during the pendancy of its compliance with the change-of-law provisions in its existing interconnection agreement with SBC. Unless such Commission action is taken, XO claims that it will sustain immediate and irreparable injury because it will be unable to fill service requests for existing and new customers.

Pursuant to the schedule set by the ALJ, SBC filed a response to XO's motion on March 7, 2005.