Background
On August 5, 1999, the Commission issued D.99-08-020, the order that adopted the JPSA, which established performance metrics for Verizon1 and AT&T California.2 These metrics covered unbundled network elements (UNEs) and other wholesale services provided by each company to competitive local exchange carriers (CLECs) in California. D.99-08-020 also provided for ongoing reviews of the JPSA, allowing the parties to reflect necessary changes based on their experience with implementing a new measurement system and changes in the telecommunications industry. The order further required that proposed updates to the JPSA, arising from these reviews, be submitted to the Commission for approval. While the language of the JPSA does not by itself expressly require a decision adopting resulting changes, the Commission has always reflected changes in the JPSA through a formal decision.
After the issuance of D.99-08-020, the first JPSA review started in February 2000, and was based on a settlement process aimed at reaching consensus on improvements to the JPSA. As a result of the settlement discussions, the parties agreed upon a number of changes which they submitted to the Commission for approval on July 18, 2000. Around the same time, the parties filed comments with the Commission on several disputed items3 for resolution. On May 24, 2001, the Commission issued D.01-05-087 and approved the agreed-upon changes; the disputed items remain unresolved.
Soon after D.01-05-087, the parties began another round of settlement talks in order to update the JPSA. Each review attempted to achieve consistency with both the language and intent of the JPSA, by continuing to examine the document and doing what was necessary to improve its effectiveness. The parties regularly reviewed and updated the performance metrics to reflect evolving market conditions.
On July 10, 2003, the Commission issued D.03-07-035, and approved a set of agreed-to changes that the parties had submitted six months earlier. Starting in 2004, AT&T California (then SBC California) and Verizon commenced separate settlement discussions so that each company could have its own set of metrics in a separate document.4 Following these discussions, AT&T California and Verizon submitted their agreed-to changes to the Commission, on May 3, 2004 and November 30, 2004, respectively.5 On May 15, 2006, Verizon and participating CLECs withdrew the November 30, 2004 request for adoption of agreed-to JPSA changes, and submitted a new set of changes for approval.6 Currently, AT&T California's 2004 agreed-to changes as well as Verizon's and the participating CLECs' May 15, 2006 request for adoption of agreed-to changes are awaiting formal Commission approval.7
1 Formerly GTE California, Inc.
2 Formerly doing business as SBC California.
3 Areas of proposed changes supported by some parties, but opposed by other parties.
4 Prior to 2004, the JPSA was a single document that applied to both AT&T California (then SBC California) and Verizon, though not all measures were used by each company and the standards developed for like measures could vary between the companies. In 2004, it was agreed that it made more sense to have separate discussions and a separate JPSA document for each company, because AT&T California, Verizon and many CLECs were multi-state companies with operations in the same states. The most efficient approach was to have one common set of measures for each company that could be applied on a like basis in each of their respective states. See, Joint Application to Modify Decision No. 99-08-020 at 3 fn 4.
5 The parties submitted their agreed-to changes in the OSS docket, R.97-10-016/
I.97-10-017.
6 The May 15, 2006 Verizon and CLEC agreed-to changes incorporated the changes requested in 2004 and proposed new changes as well.
7 We consolidate the three rulemaking, investigation and application proceedings docketed above to coordinate issues in this decision that overlap between the consolidated OSS docket and the Joint Application.
