Assignment of Proceeding
Carl Wood is the Assigned Commissioner and Janice Grau is the assigned Administrative Law Judge in this proceeding.
1. Pacific's special access tariff contains two rates for DS-1 circuit channel terminations, depending on the point of termination. The TMECS rate, $165.94 monthly, applies to circuits terminating at an end-user location. The TMEPS rate, $71.12, applies to circuits terminating at an IC (interexchange carrier) POT (point of termination) location.
2. Pac-West purchased DS-1 circuits at the lower TMEPS rate for more than six years.
3. Pacific no longer sells DS-1 circuits to Pac-West at the TMEPS rate.
4. Pacific entered into a settlement agreement that created two special access elements. Pac-West was not a party to that settlement agreement.
1. In interpreting tariffs, the tariff language must be construed as a whole and should be given a fair and reasonable construction that avoids absurd results or would render some part of the tariff a nullity.
2. Schedule Cal. P.U.C. No 175-T 7.5.8(C)(1) for high capacity digital special access services permits customers such as Pac-West to purchase DS-1 1.544 Mbps service at the TMEPS rate for circuits terminating at Pac-West's facilities.
3. Pac-West is entitled to a refund for charges in excess of the TMEPS rate.
4. It is reasonable to make this order effective today in order to ensure Pacific charges Pac-West rates consistent with Pacific's approved tariffs.
IT IS ORDERED that:
1. The complaint of Pac-West Telecomm Inc. (Pac-West) is granted insofar as it requests that Pacific Bell Telephone Company (Pacific) charge Pac-West rates consistent with Pacific's approved tariffs, as set forth in this opinion. The complaint is otherwise denied.
2. Pacific shall refund to Pac-West charges for DS-1 circuits in excess of the TMEPS rate.
3. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
