V. Assignment of Proceeding
Michael R. Peevey is the Assigned Commissioner and Karen A. Jones is the assigned ALJ in this proceeding.
1. A single building is defined as a structure under one roof.
2. The FCC did not anticipate that the rules adopted for FTTH and hybrid loops would apply to enterprise loops.
3. An MDU which allocates more than 50 percent of the rental square footage to residences is "predominantly residential."
4. A very small business is not likely to be served by 23 DS-0's.
5. The FCC's rule Section 51.5 specifies that all UNE loops are to be included in the definition of a business line.
6. The term "fiber-based collocator" does not apply to SBC, any affiliate of SBC, or any entity that is currently subject to a binding agreement that would result in its becoming an affiliate of SBC.
7. The FCC envisions that two different CLECs will be involved in the line splitting process.
8. It is appropriate to include a definition for dark fiber loops.
9. The unbundling obligation for IDLC loops is limited to narrowband service using the TDM-based features, functions and capabilities of hybrid loops.
10. The term cross connect refers to a cable that connects CLEC's collocation arrangement to the ILEC's distribution frame.
11. It is appropriate to include a definition for hot cut in this amendment, since the issue of batch hot cuts will be considered as part of this proceeding.
12. The definition of "Applicable Law" provided by the CLECs ensures that CLECs have access to Section 271 elements.
13. TELRIC pricing is not required for declassified Section 271 elements.
14. The FCC has not claimed exclusive jurisdiction over the pricing of the Section 271 elements.
15. CLECs have the option to replace TRO affected elements with any lawful alternative arrangements that may be available to them, whether under federal or state law.
16. CLECs will cease to pay their current TELRIC rates once those customers have been migrated to other serving arrangements.
17. CLECs have an obligation to ensure that they submit their orders to complete the transition in a timely fashion.
18. ILECs are never required to perform conversions in order to continue serving their own customers.
19. Conversions between wholesale services and UNEs are largely a billing function.
20. It is inappropriate to charge a nonrecurring charge for record changes involved in a conversion or transition that does not involve physical work.
21. There are some costs typically associated with establishing new services that will not be incurred by SBC in carrying out transitions or conversions.
22. CLECs should pay the appropriate non-recurring charge based on how they submit their service orders.
23. In the TRRO, the FCC ruled that new UNE-P arrangements were not available after March 11, 2005.
24. CLECs are entitled to TSR pricing if the migration of their customers is not completed by the deadline.
25. The FCC discussed subloops separately from loops, and in the TRRO the FCC did not disturb its findings in the TRO relative to subloops.
26. The DS1 limitation applies only on those routes for which the FCC determines that there is no unbundling obligation for DS3 transport.
27. When a wire center is designated as non-impaired, it has a large impact on the CLEC's business.
28. CLECs are entitled to advance information on wire center designations to be able to adjust their business plans, and to plan to dispute a designation.
29. Having SBC update its list of non-impaired wire centers on a known periodic basis brings certainty to the planning process for the CLEC.
30. It is appropriate to have SBC update its list of non-impaired wire centers no more than one time during any given three-month period.
31. Transition periods of nine months for DS1/DS3 high capacity loops and DS1/DS3 dedicated transport and 12 months for dark fiber dedicated transport will allow CLECs to perform the necessary tasks involved in transitioning from UNEs.
32. CLECs may not add new high-capacity loops or dedicated transport during the transition period.
33. It is appropriate to establish a deadline of three years for CLECs to self-certify and dispute SBC's designation of a particular wire center as non-impaired.
34. It is difficult for the CLECs to try to identify a docket number when all they know is that a dispute has been filed.
35. It would be inconsistent with federal rules to let CLECs continue to access UNE loops from a non-impaired wire center.
36. SBC has the information on the status of its wire centers much more readily available than the CLECs do.
37. If SBC does not have an alternative method for counting business lines, then the annual ARMIS data will suffice.
38. CLECs have competitive alternatives to replace UNEs in non-impaired wire centers.
39. If a CLEC enters into a long-term contract to receive discounted services, the CLEC may not dissolve the long-term contract based on new circumstances.
40. The CLECs need commingling of channelized DS1 and DS3 loops in order to serve their customers.
41. The CLECs' request to have 60 days' notice of a proposed change in SBC's access tariffs is reasonable, in those instances where the CLEC is using the affected service as part of a commingled arrangement.
42. SBC should be required to grandfather the special access services in its California tariff, in the event that loss of the service would impact a CLEC's commingling arrangement.
43. There should no additional conditions or limitations upon obtaining access to EELs, other than those in the amendment.
44. Disputes under an ICA should be resolved using the dispute resolution process established in the ICA.
45. Auditing is an important element in the CLECs' right to order and utilize EELs.
46. Violation of the rules for use of EELs is not taken lightly.
47. It is appropriate to establish an escrow account for those cases where the CLEC disputes the auditor's findings.
48. Ten percent non-compliant EEL circuits demonstrates serious disregard for the FCC's rules.
49. The Commission has not promulgated any rules regarding the retirement of copper loops.
50. The Commission does not intend to micromanage SBC's network, by requiring SBC to petition to retire a single copper loop.
51. When CLECs request access to a premises served by an IDLC loop, it is appropriate that SBC charge the CLEC the least cost technically feasible method of unbundled access.
52. Entrance facilities used for purposes of interconnection must be made available to CLECs pursuant to Section 251(c) (2).
53. The FCC requires ILECs to interconnect their signaling networks with those of CLECs, pursuant to Section 251(c) (2).
54. This is a proceeding under the state arbitration provisions of the Act.
1. Nothing about the result of this arbitration is inconsistent with governing federal law.
2. No arbitrated portion of the Amendment to the ICA fails to meet the requirements of Section 251 of the Act, including FCC regulations pursuant to Section 251, or the standards of Section 252(d) of the Act.
3. The arbitrated amendment should be approved.
4. Section 51.309(e) and TRO ¶ 579 allow for commingling of UNEs with Section 271 elements.
5. The Commission's authority to require commingling Section 251(c)(3) UNEs with wholesale Section 271 elements is found in Section 252(c)(1).
6. A restriction on commingling would constitute an `unjust and unreasonable practice' under Section 201 of the 1996 Act, as well as `undue and unreasonable prejudice or advantage under Section 202 of the Act.
7. Conversion charges are inconsistent with Section 202 of the Act, which prohibits carriers from subjecting any person or class of persons to any undue or unreasonable prejudice or disadvantage.
Therefore, IT IS ORDERED that:
1. Pursuant to the Telecommunications Act of 1996, the Amendment to the Interconnection Agreements between SBC California and various Competitive Local Exchange Carriers is adopted.
2. The parties' shall have in place fully-executed copies of the amendment within 14 days of the effective date of this order.
3. The effective date for the amendments shall be the effective date of this order.
This order is effective today.
Dated January 26, 2006, at San Francisco, California.
MICHAEL R. PEEVEY
President
GEOFFREY F. BROWN
SUSAN P. KENNEDY
DIAN M. GRUENEICH
RACHELLE B. CHONG
Commissioners
