Need for Expedited Consideration

Rule 77(f)(9) of the Commission's Rules of Practice and Procedure provides relevant part: "...the Commission may reduce or waive the period for public review and comment under this rule...for a decision where the Commission determines, on the motion of a party or on its own motion, that public necessity requires reduction or waiver of the 30-day period for public review and comment."

We balance the public interest in expeditiously vacating D.04-03-044 against the public interest in having a full 30-day comment cycle on the proposal to do so. We conclude that the former outweighs the latter. By promptly lifting the stay of the HFPL Order, we protect the public welfare by maintaining residential broadband competition in California. Delaying would further actions to eliminate line sharing in this state. We seek valuable public review of, and comment, on the proposed action and find that a reduced period balances the need for that input with the need for timely action.