5. Comments on Draft Decision
The draft decision of the arbitrator/administrative law judge in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were received on ____________, and reply comments were received on ______________.
1. On September 7, 2000, the Commission approved an arbitrated agreement between Roseville and Pac-West.
2. The agreement between Roseville and Pac-West requires payment of reciprocal compensation by Roseville for ISP calls originating on Roseville's network and delivered to Pac-West for termination.
3. On October 6, 2000, ELI filed an advice letter pursuant to Rule 7.1 of the Commission's interconnection rules seeking to adopt the Pac-West agreement with Roseville in its entirety.
4. On October 23, 2000, Roseville filed a request for arbitration of an interconnection agreement with ELI.
5. Under Rule 7.2(b) and 47 C.F.R. § 51.809, Roseville in its request for arbitration must show either (1) that the costs of providing interconnection to ELI are greater than the costs of providing interconnection to Pac-West, or (2) that the ELI connection is not technically feasible.
6. The ELI connection is technically feasible.
7. Roseville has not shown that costs of providing interconnection to ELI are greater than the costs of providing interconnection to Pac-West.
8. ELI has moved to dismiss Roseville's request for arbitration on grounds that it does not meet the requirements of Rule 7.2(b) and 47 C.F.R. § 51.809.
1. The motion to dismiss Roseville's request for arbitration should be granted.
2. Pursuant to Rule 7.3.2, Roseville should be directed to honor ELI's adoption of the terms of the Pac-West agreement with Roseville in its entirety as of the date of the filing of ELI's request.
IT IS ORDERED that:
1. The motion of Electric Lightwave, Inc. (ELI) to dismiss the request for arbitration of Roseville Telephone Company (Roseville) is granted.
2. Roseville is directed to honor ELI's adoption of the terms of Roseville's arbitration agreement with Pac-West Telecomm, Inc. as of the date of the filing of ELI's request.
3. Application 00-10-040 is closed.
This order is effective today.
Dated , at San Francisco, California.
