ALJ/KAJ/tcg Mailed 6/17/2005

Decision 05-06-028 June 16, 2005

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Petition by Pac-West Telecomm, Inc (U-5266-C) for Arbitration of an Interconnection Agreement with SureWest Telephone (U-1015-C) Pursuant to 47 U.S.C. Section 252(b).

Application 04-11-005 (Filed November 8, 2004)

OPINION APPROVING ARBITRATED

INTERCONNECTION AGREEMENT

1. Summary

We affirm the results adopted in the Final Arbitrator's Report (FAR), and approve the resulting arbitrated Interconnection Agreement (ICA) between Pac-West Telecomm, Inc. (Pac-West) and SureWest Telephone (SureWest). On June 2, 2005, parties submitted a fully executed copy of the ICA, which will be effective today.

We find that SureWest should pay 100% of the costs of facilities on its side of the Point of Interconnections (POIs) between the parties. This outcome is consistent with FCC Rule 51.709(b) that requires that a carrier recover only the costs of the trunk capacity used by an interconnecting carrier to send traffic that will terminate on the providing carrier's network. The parties agree that traffic routed from Pac-West to SureWest is de minimis.

The proceeding is closed.