10. Assignment of Proceeding

Michael R. Peevey is the assigned Commissioner and Karen Jones is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. On June 2, 2005, parties filed an arbitrated ICA for Commission approval. Also, both parties filed statements on June 2, 2005 regarding whether or not the Agreement should be approved by the Commission.

2. The parties negotiated the entire Agreement, with the exception of the one item presented for arbitration.

3. No party or member of the public alleges that any negotiated portion of the Agreement is not in compliance with Section 252(e)(2)(A) of the Act.

4. No negotiated portion of the Agreement results in discrimination against a telecommunications carrier not a party to the Agreement, or is inconsistent with the public interest, convenience and necessity.

5. The Act requires that the Commission approve or reject an arbitrated interconnection agreement within 30 days after the agreement is filed. (47 U.S.C. Section 252(e)(4).)

6. 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)(1) for a decision under the state arbitration provisions of the Act.

7. This is a proceeding under the state arbitration provisions of the Act.

Conclusions of Law

1. Nothing about the result of this arbitration is inconsistent with governing federal law.

2. No arbitrated portion of the Agreement fails to meet the requirements of Section 251 of the Act, including FCC regulations pursuant to Section 251, or the standards of Section 252(d) of the Act.

3. 47 CFR § 51.709(b) requires that a carrier recover only the costs of the proportion of that trunk capacity used by an interconnecting carrier to send traffic that will terminate on the providing carrier's network.

4. The Agreement between Pac-West and SureWest should be approved.

5. This order should be effective today because it is in the public interest to implement national telecommunications policy as accomplished through the Agreement, and to replace the existing Agreement with this new Agreement, as soon as possible.

ORDER

IT IS ORDERED that:

1. Pursuant to the Telecommunications Act of 1996, and Resolution ALJ-181, the fully executed Interconnection Agreement between Pac-West Telecomm, Inc. and SureWest Telephone filed June 2, 2005 is approved.

2. This proceeding is closed.

This order is effective today.

Dated June 16, 2005, at San Francisco, California.

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