Joint Motion for Adoption of the AT&T California Agreed-to JPSA Changes

As stated above, on May 3, 2004, AT&T California and the participating CLECs⁸ (collectively, known as the Settling Parties) filed a joint motion for adoption of amendments to the JPSA. The Settling Parties declared that the amendments,⁹ embodied their "best efforts...to agree on modifications to the performance measurements in the JPSA." Moreover, the amendments resolved many of the issues highlighted by the Settling Parties during their review. In order to address parties' concerns about the timing and resources required for a general review, AT&T California advised that it agreed to limit the scope of the review by focusing on the most critical items on its or on any other party's list.

The Settling Parties noted that this Commission has recognized a strong public policy of this State favoring settlement.¹⁰ They asserted that the amended JPSA was reasonable in light of the whole record, consistent with law, and in the public interest.¹¹ We find that the amended JPSA, like the previous agreements,¹² is consistent with the Communications Act of 1934, 47 U.S.C. § 151, et seq. and the Federal Communications Commission's (FCC) implementing rules because it provides one objective means to help assess whether an incumbent local exchange carrier is providing its competitors with sufficient, nondiscriminatory access to OSS as required by law. The Settling Parties stated that the amended JPSA struck a reasonable compromise among all parties' interest. We agree, and find the amended JPSA to be reasonable in light of the whole record and in the public interest. Therefore, we approve the amended JPSA for AT&T of California, which is attached to this order as Appendix I.¹³

⁸ AT&T Communications of California, Inc. (the CLEC prior to the merger), Telscape Communications Inc., and Time Warner Telecom of California.

⁹ Identified as Attachments A, B and C, and appended to this order as Appendix I.

¹⁰ Re Pacific Bell, D.92-07-076, 45 CPUC 2d 158, 169 (1992).

¹¹ Joint Motion at 4.

¹² The agreed-to performance measures in the JPSA and the amendments to the JPSA resulting from the 2002 and 2003 reviews.

¹³ These changes are incorporated in Appendix I to this decision. Within Appendix I, Attachment A is the final agreed-upon JPSA of the performance measurements, Attachment B is the redline format which shows changes to the JPSA added for the Joint Motion, and Attachment C presents the status of proposed modifications to the JPSA matrix. AT&T has noted in comments on the decision that it will post the revised JPSA on its CLEC online website within 30 days of the decision's effective date.