III. Summary of the Authority Requested by Applicant
By Decision (D.) 95-10-007, issued on October 5, 1995, Broadwing's predecessor-in-interest IXC Long Distance, Inc. (IXC), received authority from the Commission to provide interexchange telecommunications services within California as a switchless or non-facilities-based reseller. Pursuant to IXC's November 12, 1997 advice letter, Broadwing's obtained its existing authority to operate as a facilities-based reseller of interexchange telecommunications services in California was granted. Commission staff acknowledged by written correspondence receipt and effectiveness of the advice letter.
Commission staff, however, did not specifically address the scope of authority of Broadwing's predecessor, IXC, as a facilities-based reseller, to construct facilities beyond those known to exist at the time the advice letter became effective. Broadwing claims that it understood that IXC's facilities-based authority, to which it was the successor-in-interest, authorized it to construct additional facilities without further Commission authorization, as long as Broadwing complied with any and all applicable rules and regulations, including the requirements of the California Environmental Quality Act (CEQA).
Since November of 1997, Broadwing, has, through a combination of asset acquisition, leases, right-of use agreements, and construction of its own facilities, developed a significant network within California. By letter dated June 28, 2000, the Commission staff notified Broadwing that it must cease further construction on its California fiber optic project. In doing so, the Commission staff specifically advised Broadwing that it would be allowed to complete the following project-related construction: 1) the completion of the trenching and laying of approximately 2,000 feet of conduit along Scott Boulevard, West Trimble Road, North 1st Street and Component Drive in Santa Clara; 2) the completion of work inside a data center at 1700 Richard Avenue in Santa Clara, and 3) the completion of a single manhole in Oakland.
In recognition of the concerns expressed on the part of Commission staff regarding the scope of Broadwing's authority to construct additional facilities, Broadwing submitted the present application to, among other things, harmonize its extant facilities and business activities with the appropriate Commission authorization to be a facilities-based provider of telecommunications services authority in California.
Broadwing seeks confirmation of its statewide authority to provide both facilities-based and resold interLATA and intraLATA interexchange services between points in California, using previously acquired or constructed facilities as described in Attachment D of its application, and modification of its existing CPCN to authorize further planned construction of facilities within the state, as more specifically described in Attachment E of its application.
Broadwing also requests confirmation of its authority to use its existing telecommunications facilities for the provision of the full range of interLATA and intraLATA telecommunications services within California. Broadwing states that it wishes to ensure that it has all requisite Commission authorization prior to constructing additional telecommunications facilities within the state. Broadwing previously filed tariffs with the Commission and currently provides inter-exchange switched voice and private line services to wholesale and retail customers. Included within this set of services are 1 + voice service, directory assistance, toll free services (e.g., 800, 888, or 877), alternate billed services such as collect calling, third number calling, calling cards, and operator services. Broadwing purchases operator services and directory assistance from other telecommunications carriers for resale to its customers. Broadwing primarily act as a "carrier's carrier." However, Broadwing maintains an open network and will therefore not be able to block all 10-XXXXX or similar access code calls from end users not pre-subscribed. Broadwing will continue to provide retail service pursuant to the authority sought herein.
Broadwing will provide service as a reseller, except to the extent it has its own facilities in place. For that reason, its provision of the above described intrastate switched services is not contingent upon completion of its facilities in California. However, Broadwing asserts that completion of those facilities will enable it to provide even better service at lower prices, directly benefiting California customers and businesses, and enhancing the capability and reliability of its telecommunications infrastructure.
