Comments on Draft Decision

The draft decision of ALJ Jacqueline A. Reed in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7(f)(9) of the Commission's Rules of Practice and Procedure. Comments were filed on December 24, 2002. We have reviewed the comments, and taken them into account, as appropriate, in finalizing this order.

The Commission finds that in light of action by the FCC in Washington, D.C. on December 19, 2002, granting Pacific's application for long distance authorization, pursuant to § 271 of the Telecommunications Act of 1996 (47 U.S.C. § 271), it is necessary for this Commission to act by the effective date prescribed by the FCC for Pacific's long distance service , in order to provide guidance to Commission staff as to what to do with the California tariff filings made in accordance with the FCC's action. To allow the Commission to consider the matter in an expedited manner, the comment period was shortened and comments were due at noon, on December 24th.

The Commission finds that the normal public interest in a 30-day comment period is diminished by the fact that a significant proportion of the disputed factual issues are coextensive with those previously decided in D.02-09-050, and have been addressed and commented upon by parties previously. In addition, most of the safeguards established here provide for follow-up hearings and/or comments thereby giving the parties further opportunities to be heard on the crucial details. The public necessity of deciding issues relating to Pacific's entry into the intrastate long distance market in a manner that addresses issues of sovereignty and comity contemporaneous with Pacific's tariff filing under the FCC's action, clearly outweighs the public interest in having the full 30-day period for review and comment on the proposed decision.