2. Background

D.00-10-032 approved an arbitrated ICA between the parties. Ordering paragraph 2 directed that the ICA be signed and filed within 30 days. Ordering paragraph 3 required parties to jointly file a statement cross-referencing each issue resolved in D.00-10-032 with the relevant portion of the ICA, along with the ICA language which parties adopted in compliance with D.00-10-032.

Pursuant to Rule 48 of the Commission's Rules of Practice and Procedure, the Executive Director granted parties several extensions of time to comply with ordering paragraphs 2 and 3. Parties sought these extensions to complete negotiations on a single, uniform, comprehensive ICA covering several states, including California.

The uniform ICA was completed, and filed with the Commission through the advice letter process. (Rule 4.3 of Revised Rules Governing Filings Made Pursuant to the Telecommunications Act of 1996, Resolution ALJ-181.) Parties state that the negotiated ICA was filed by advice letter on March 13, 2001, became effective on May 24, 2001, and is effective through May 31, 2003.

Pursuant to the most recent extension, however, parties are still obligated to comply with ordering paragraphs 2 and 3 of D.00-10-032 by December 31, 2001. On June 20, 2001, parties jointly filed a petition for modification. Parties propose that they not be required to sign and file an ICA that conforms with the resolution of issues in D.00-10-032, and that they not be required to file the statement demonstrating compliance. No responses to the petition for modification have been filed.