7. Waiver of Period for Public Review and Comment
The Public Utilities Code and our Rules of Practice and Procedure generally require that draft decisions be circulated to the public for review and comment 30 days prior to the Commission's vote.16 On the other hand, the Act requires that the Commission reach its decisions to approve or reject an arbitrated agreement within 30 days after submission by the parties.17 This establishes a conflict.
However, Rule 77.7(f)(5) provides that we may reduce or waive the period for public review and comment "for a decision under the state arbitration provisions of the Telecommunications Act of 1996." We consider and adopt this decision today under the state arbitration provisions of the Act.
Under Rule 77.7(f)(5), we are not required to provide this Draft Decision for public review and comment. However, since we made some changes from the FAR, we chose to send the Draft Decision to the parties so that parties could be given an opportunity to comment on the changes from the FAR. The Draft Decision was mailed and e-mailed to parties on June 13, 2002, and comments were filed on June 20, 2002. Comments were filed by _________. We have taken the comments into account, as appropriate, in finalizing this order.
1. No party or member of the public alleges that any negotiated portion of the ICA must be rejected.
2. No negotiated portion of the ICA results in discrimination against a telecommunications carrier not a party to the ICA; is inconsistent with the public interest, convenience and necessity; or does not meet other Commission rules, regulations, and orders, including service quality standards.
3. 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.
4. Interexchange traffic is not subject to the Act's reciprocal compensation requirements.
5. Rule 51.703(b) forbids the ILECs from assessing any charges to transport "local" traffic which is subject to reciprocal compensation provisions.
6. GNAPs is responsible for paying to transport intraLATA toll calls which are interexchange in nature.
7. VNXX traffic is local traffic and is subject to reciprocal compensation requirements.
8. A carrier may set disparate rating and routing points.
9. TELRIC pricing adequately compensates the ILECs for use of their networks.
10. No provision of the ICA conflicts with State law, including compliance with telecommunications service quality standards, or requirements of the Commission.
11. 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.
12. 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) for a decision under the state arbitration provisions of the Act.
13. This is a proceeding under the state arbitration provisions of the Act.
1. The FAR and the ICAs between GNAPs and Pacific and between GNAPs and Verizon, which conform to the decisions in the FAR, as modified by this order, should be approved.
2. 47 C.F.R. § 51.703(b) must be read in conjunction with § 51.701.
3. The ILECs should receive compensation for costs associated with the use of their networks for the transmission of traffic with disparate rating and routing points.
4. GNAPs/Pacific and GNAPs/Verizon should jointly file and serve
within 30 days of the date of this order signed ICAs which conform with the decisions herein.
5. The conformed, signed ICAs should be effective when filed.
6. The 30-day public review and comment period should be reduced pursuant to Pub. Util. Code § 311(g)(3) and Rule 77.7(f)(5).
7. 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 May 15, 2002, Final Arbitrator's Report (FAR), as modified by this order and, pursuant to the Telecommunications Act of 1996, and Resolution ALJ-181, we approve the Interconnection Agreements (ICA) between Global NAPs, Inc (GNAPs) and Pacific Bell Telephone Company and between GNAPs and Verizon California Inc. (Verizon), as modified by this order, that result therefrom.
2. Within 30 days of the date of this order, parties shall sign and jointly file and serve entire ICAs that conform with the decisions in the FAR, as modified by this order. The signed ICAs shall become effective on the date filed.
3. GNAPs' January 23, 2002, motion for acceptance of its late-filed Supplemental Information is granted.
4. Verizon's March 28, 2002, motion to strike portions of the post-hearing brief of GNAPs is granted.
5. This proceeding is closed.
This order is effective today.
Dated _____________, at San Francisco, California.
16 See Pub. Util. Code § 311(g), and Rule 77.7 of the Commission's Rules of Practice and Procedure. 17 47 U.S.C. Section 252(e)(4).
