ALJ/JPO/sid Mailed 8/26/2002
Decision 02-08-067 August 22, 2002
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking on the Commission's Own Motion into Competition for Local Exchange Service. |
Rulemaking 95-04-043 (Filed April 26, 1995) |
|
Order Instituting Investigation on the Commission's Own Motion into Competition for Local Exchange Service. |
Investigation 95-04-044 (Filed April 26, 1995) |
TABLE OF CONTENTS
Title Page
O P I N I O N 2
I. Summary 2
II. Regulatory Background 3
III. Procedural Background 3
IV. Comments on the Draft Decision 3
V. Proposed Rules--MPOE 4
VI. Parties' Comments on the Proposed Rules 5
A. Pacific Bell Telephone Company (Pacific) 5
B. Verizon California, Inc. (Verizon) 6
C. Teligent Services, Inc. (Teligent) 6
D. Pac-West Telecomm, Inc and WorldCom, Inc. (PWWC) 8
E. U.S. Department of Defense and All Other Federal Executive Agencies (DOD) 8
F. Cox California Telecom, L.L.C. dba Cox Communications On Behalf of AT&T Communications of California, Inc., the California Cable Television Association, and Time-Warner Telecom of California, L.P. (Cox) 9
VII. MPOE Discussion 11
A. Definition 11
B. Movement of an Established MPOE 12
C. Applicability 13
D. Applicability to Single-Family Dwellings 13
E. Applicability to Non-Continuous Multi-Tenant Properties 13
F. Taking 13
G. Utility Payment of Relocation Costs 15
H. Retention of Facilities by the Utility 16
I. Who Can Request Relocation of the MPOE/LLDP? 16
J. Income Tax Gross-Up Charge 17
K. Resolution of Disputes 18
VIII. Proposed Rules - Cross-Connects 18
IX. Parties' Comments on the Proposed Rules 20
X. SPC Discussion 24
XI. Pacific's Balancing Account 28
Findings of Fact 29
Conclusions of Law 32
ORDER 33
ATTACHMENT A - Relocation of the Minimum Point of Entry (MPOE)
and/or the Local Loop Demarcation Point (LLDP)
ATTACHMENT B - Service Provisioning Cross-Connects (SPCs)
ATTACHMENT C - List of Parties Who Provided Comments
I. Summary
By this decision, we adopt rules regarding movement of the Minimum Point of Entry (MPOE) and/or the Local Loop Demarcation Point (LLDP), and the ownership of Service Provisioning Cross-Connects (SPCs). The adopted rules are included as Attachments A and B to this decision.
The Federal Communications Commission (FCC) defines the MPOE as the closest practical point to where the utility's wiring crosses a property line, or enters a multi-unit building or buildings. The LLDP is defined as the point at which the wiring under the control of the utility ends, and the wiring under the control of the property owner begins. The FCC allows the utility to establish the LLDP at the MPOE, but does not require it to do so. The Commission requires the LLDP to be located at the MPOE for copper facilities. No such requirement exists for other types of facilities. Property owners may want to have the utility's MPOE and/or LLDP moved as part of a remodeling of their facilities, or to enhance the ability of tenants to receive telecommunications service from other providers. The Commission previously decided that standards should be developed for relocation of the MPOE and/or LLDP. The rules adopted herein provide that the utility shall relocate the MPOE and/or LLDP at the property owner's request. Since the property owner is the initiator of the request and the beneficiary of the relocation, he or she shall pay the costs of the relocation.
SPCs are wires that connect the utility's network to the property owner's facilities. Specifically, they connect the utility's network access termination point to the building owner's access terminal. These are the wires that may be removed or changed when a customer switches from one provider to another. The issue before us is access to SPCs. Whoever owns the SPCs has control over access to them. We have jurisdiction over facilities-based carriers, and they have the expertise necessary to properly operate and maintain SPCs. Therefore, the rules adopted herein provide that SPCs shall be owned by the facilities-based carrier providing service.
