4. Conclusion

These are valuable suggestions that deserve consideration by this Commission, by the Telecommunications Division, and by the telecommunications industry in general. However, a complaint case like this one is not the forum for such consideration because only a limited number of parties are participating, and our ruling herein would be binding only on the complainant and the defendant. For that reason, we will refer these proposals to two pending rulemaking proceedings, Rulemaking (R.) 00-02-004 (Rulemaking to establish consumer rights and consumer protection rules applicable to all telecommunications utilities) and R.98-07-038 (Rulemaking for purposes of revising General Order 96-A). In both of these proceedings, we are considering issues arising when a utility transfers assets or withdraws from service.

Meanwhile, dismissal of this complaint case is in the public interest, and the requested order should be granted.

Our action today does not foreclose further proceedings by this Commission against North Point and its principals. In terminating service without the approval of this Commission and without reasonable notice to subscribers, NorthPoint and its principals violated the spirit and the letter of existing law, including Pub. Util. Code § 451 and G.O. 96-A. Had those rules been followed during NorthPoint's withdrawal from service, the disruption of service to customers could have been minimized.

We take this occasion to remind all exiting carriers of their obligation to cooperate with affected customers and other carriers to minimize disruption of service. Accordingly, our order today requires service of this decision on all parties in R.00-02-004 and R.98-07-038.

The scope of this proceeding is set forth in the complaint and answer. While a hearing was conducted on the emergency motion, the parties have agreed that a hearing on the complaint itself is not necessary. We confirm that Commissioner Wood is the presiding officer.

This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.

Findings of Fact

1. XO on March 28, 2001, filed this complaint and a motion for an emergency order to prevent the imminent shutdown of NorthPoint.

2. At hearing on March 30, 2001, Commissioner Wood established procedures intended to minimize disruption of service to California customers and issued a ruling enjoining NorthPoint's shutdown without reasonable notice to customers.

3. The Commission confirmed Commissioner Wood's ruling in D.01-04-008.

4. XO and NorthPoint on May 1, 2001, jointly moved for dismissal of this proceeding.

Conclusions of Law

1. Dismissal of this proceeding is in the public interest, and the requested order should be granted, effective immediately.

2. Proposals by the parties and by TURN for further development of requirements to govern exiting carriers should be referred to the rulemaking proceedings in R.00-02-004 and R.98-07-038.

ORDER

IT IS ORDERED that:

1. The Joint Motion by XO California, Inc. (XO) and NorthPoint Communications, Inc. (NorthPoint) for Entry of Order of Dismissal on Stipulated Terms and Conditions is granted.

2. Proposals of XO, NorthPoint, The Utility Reform Network and the California ISP Association urging further development of requirements to govern carriers that intend to discontinue service may be raised in Commission Rulemaking (R.) 00-02-004 and R.98-07-038.

3. This decision shall be served on all parties in R.00-02-004 and R.98-07-038.

4. Case 01-03-041 is closed.

This order is effective today.

Dated June 27, 2002, at San Francisco, California.

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