Assignment of Proceeding

Michael R. Peevey is the assigned Commissioner and Jacqueline A. Reed is the assigned Administrative Law Judge.

Findings of Fact

1. Consolidation of the OSS OIR/OII and the Joint Application to Modify D.99-08-020 proceedings will enable us to amend the pending JPSAs and move forward in streamlining the process to amend future ones.

2. Resolution ALJ 176-3189 preliminarily categorized this as a ratesetting proceeding and preliminarily determined that hearings were not necessary.

3. Notice of the application appeared in the Commission's Daily Calendar of March 16, 2007.

4. No protests were filed.

5. The amended JPSA for AT&T California struck a reasonable compromise among all parties' interest.

6. The Verizon-only JPSA is consistent with the laws governing the quality of local wholesale services that Verizon provides to CLECs.

7. By modifying the approval process for amendments to the JPSA so that consensus changes to the JPSA can be approved using the Tier 2 advice letter process of D.07-01-024, the Commission will be able to rely more fully on what carriers have agreed to between themselves for measuring and reporting performance regarding UNEs and other wholesale services.

Conclusions of Law

1. The amended JPSA for AT&T California is reasonable in light of the whole record, consistent with law, and in the public interest.

2. The Verizon-only JPSA is reasonable in light of the whole record, consistent with law, and in the public interest.

3. The amended JPSA for AT&T California and the Verizon-only JPSA should be approved.

4. This proceeding is designated as a ratesetting proceeding; no protests have been received; no hearing is necessary.

5. A.07-02-027, R.97-10-016 and I.97-10-017 should be consolidated to coordinate overlapping issues in this decision.

6. A.07-02-027 and R.97-10-016 and I.97-10-017 should be consolidated to coordinate overlapping issues in this decision.

7. Approving consensus changes to the JPSA using the advice letter process should lessen the regulatory burden facing the Commission.

8. Since the matter is uncontested, the decision should be effective on the date it is signed.

ORDER

IT IS ORDERED that:

1. Application (A.) 07-02-027, Rulemaking 97-10-016 and Investigation (I.) 97-10-017 are consolidated to coordinate overlapping issues in this decision.

2. A.07-02-027 and Rulemaking 97-10-016 and I.97-10-017 are consolidated to coordinate overlapping issues in this decision.

3. We adopt the amended Joint Partial Settlement Agreements (JPSA) as presented in Appendices I and II to this decision.

4. A.07-02-027 is granted at the joint request of Verizon California Inc. (Verizon), Pacific Bell Telephone Company, doing business as AT&T California, and Time Warner Telecom of California, L.P., to modify Decision (D.) 99-08-020, which approved the JPSA, so that the approval process for amendments is modified such that consensus (agreed-to or unopposed) changes to the JPSA can be approved pursuant to Tier 2 of the advice letter process set forth in D.07-01-024.

5. In the case of protests, the advice letter shall not go into effect unless the Commission affirmatively approves it.

6. The adopted modification shall be applied equally to each JPSA, permitting either Verizon or AT&T California to propose and implement consensus changes to its own JPSA document through an advice letter filing.

7. A.07-02-027 is closed.

This order is effective today.

Dated September 6, 2007, at San Francisco, California.

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