Assignment of Proceeding

Carl Wood is the Assigned Commissioner and Jacqueline A. Reed is the Assigned ALJ in this proceeding.

Findings of Fact

1. Given the 45-day stay of the D.C. Circuit Court's mandate on the Triennial Review Order and the FCC's call for incumbent local exchange carriers and CLECs to negotiate commercial agreements, the stay of the HFPL Order is neither short term or temporary.

2. Under the stay, in less than six months line sharing will cease to be a UNE in California.

Conclusions of Law

1. The Commission should grant Covad's motion to vacate D.04-03-044 in order to affirm the HFPL Order and uphold line sharing as a UNE in California.

2. The period for public comment and review on the draft decision should be reduced.

3. This decision should be effective today so that line sharing can continue to the offered as a UNE in California.

ORDER

IT IS ORDERED that:

1. Covad Communication Company's Emergency Motion to Vacate the Stay ordered by Decision (D.) 04-03-044 is granted.

2. D.04-03-044 is vacated.

This order is effective today.

Dated May 6, 2004, at San Francisco, California.

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