3. Parties' Contentions

Two issues remain in this proceeding:

1. Whether SBC California's payments to pay telephone service aggregators when a pay telephone service provider migrates to SBC California's Customer Owned Pay Telephone (COPT) service are unlawful rebates under § 532.

2. Whether SBC California's payments to pay telephone service aggregators are commissions mandated by federal law and Federal Communications Commission (FCC) orders to pay telephone service providers for non-sent paid calls beyond the jurisdiction of this Commission.

Mpower further alleges that SBC California's payments violate our price floor regulations. Mpower requests that the Commission terminate SBC California's alleged rebate arrangements that are the subject of the complaint, order SBC California to rebill COPT customers for the full amount of any alleged rebates received, and fine SBC California. SBC California denies that it has violated § 532 or our price floor rules. SBC California further denies Mpower is entitled to the relief sought in the complaint.