Assignment of Proceeding

Geoffrey F. Brown is the Assigned Commissioner and Jacqueline A. Reed is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. After diligent and good faith negotiations regarding the implementation date of an ordering and provisioning process for LATA-Wide MWI, MCI and SBC California agreed to settle their ICA dispute.

2. On September 23, 2003, MCI and SBC California asked the Commission to approve their settlement.

3. This accord enables MCI and SBC California to satisfy the terms of their ICA by providing what MCI seeks.

4. The settlement enhances the local market by increasing the number of full-service voicemail providers.

5. The settlement strengthens local competition in California.

Conclusions of Law

1. Pursuant to Rule 51.1(e), the Commission should apply the standard of review appropriate for settlements.

2. The essential terms of MCI and SBC California's accord are reasonable, consistent with the law and in the public interest.

3. The Commission should grant the joint motion approving the essential terms of the settlement.

4. Since the decision resolves a dispute and grants the relief requested, it should be effective on the date it is signed.

ORDER

IT IS ORDERED that:

1. The joint motion of MCI Metro Access Transmission Services LLC (MCI) and Pacific Bell Telephone Company doing business as SBC California seeking approval of the settlement agreement, represented by the essential terms appended to this Order (Appendix), establishing interim and permanent solutions to support MCI's request for its unbundled network element platform end-user voice mail offering in California, is granted.

2. Case 03-07-020 is dismissed with prejudice.

This order is effective today.

Dated November 13, 2003, at San Francisco, California.

MICHAEL R. PEEVEY

President

CARL W. WOOD

LORETTA M. LYNCH

SUSAN P. KENNEDY

Commissioners

Commissioner Geoffrey F. Brown, being necessarily absent, did not participate

Essential Terms of the Settlement Agreement between
MCI Metro Access Transmission Services, LLC and Pacific Bell Telephone Company doing business as SBC California

1. INTERIM SOLUTION

1.1. SBC California will initially provide an interim solution, as further ordered below, to support MCI's request for its UNE-P end-user voice mail offering in California.

1.2. SBC California agrees to deliver this interim solution no later than September 25, 2003.

1.3. MCI agrees to a one (1) week trial period to prove out the interim solution.

1.4. The Parties agree to cooperate during the trial period by, among other things, sharing any necessary information.

1.5. MCI agrees not to start submission of live/production Local Service Requests ("LSRs") until both SBC California and MCI have mutually accepted the interim solution as "production ready."

2. PERMANENT SOLUTION

2.1. SBC California will implement a permanent solution by December 15, 2003.

2.2. The permanent solution will replace the interim solution by using an OSS upgrade that will continue to allow MCI to provide MWI, using SBC California's LATA-Wide MWI Links to MCI's local UNE-P customers who use MCI's voice mail service.

2.3. SBC California will make the permanent solution available for use by MCI by January 5, 2004.