V. Proposed Rules--MPOE

The March 2, 2001 ALJ ruling proposed the following rules regarding movement of the MPOE:

1. Definition: The MPOE is the point at which the network facilities provided by the utility end and the property owner's facilities begin. It also referred to as the Minimum Point of Presence (MPOP). Note that D.92-01-023 provides that the LLDP is to be located at the MPOE.

2. Applicability: Continuous multi-tenant property.

3. Only the property owner or his or her agent may request relocation of the MPOE.

4. The utility must relocate the MPOE as requested by the property owner provided that the following conditions are met:

· The property owner agrees, and has the ability, to pay for all relocation expenses reasonably incurred.

· Relocation is technically feasible. (The utility bears the burden of proving technical infeasibility.)

· Relocation is not prohibited by applicable local, state or federal laws, rules or regulations.

5. To the extent that the relocation of the MPOE results in utility property being transferred to the property owner, the utility shall charge the property owner the net book value (recorded cost less accumulated depreciation) of the property. The utility need not transfer property to the property owner if it is technically feasible to relocate the MPOE without such transfer, and if no state or federal statute, rule, regulation or order requires such transfer.

6. The utility shall have on file tariffs specifying these rules, its requirements, procedures and charges for relocation of the MPOE in a manner consistent with these rules. Utilities must have approved tariffs, as specified herein, in order to charge for movement of the MPOE.