X. Comments on Alternate Draft Decision

In accordance with Public Utilities Code Section 311(e) and Rule 77.6 of the Rules of Practice and Procedure, the Commission mailed the alternate draft decision (ADD) of Commissioner Lynch on May 2, 2002. The Commission received opening comments from Pacific; AT&T, WorldCom, ORA, and TURN (a joint filing); Tri-M and Call America (a joint filing); Sage Telecom; and Allegiance Telecom. The Commission received reply comments from Pacific and AT&T, WorldCom, ORA and TURN (a joint filing).

Pacific contends that the ARMIS data cited in four bullets at the beginning of Section VI.D fail to support the adoption of Joint Applicants' proposal to base switching rates on SBC-Ameritech's proposal in Illinois. (Pacific Comments at 1-8). Pacific misreads the ADD. The ARMIS information that Pacific cites was not used to determine the particular switching rates set forth in the ADD, but rather to support the general proposition that public data shows that a reduction in switching UNE prices of some level is warranted. In this respect, the ADD adopts, nearly verbatim, the analysis in the ALJ's draft decision, and which Pacific did not challenge in its comments on the ALJ's draft decision. The ADD explains the basis for the adopted switching rates in the portion of Section VI.D that follows the statements challenged by Pacific.

In all other respects, the comments and reply comments have been fully considered and changes based on those comments have been made to the decision where appropriate.