Findings of Fact

1. A number of the agreed-upon RNMs involve cable, not electronics.

2. A cable stub requires the installation of cable and therefore, in accordance with the FCC's rules, it is not an RNM.

3. SBC acknowledges that it sometimes deploys a cable stub as part of a special access order.

4. Repeaters and multiplexers are not required to make loops DS-1 capable in the network architecture adopted in D.04-09-063.

5. SBC is already recovering the relevant costs of all RNMs in Sections 8.1.2 and 8.2.2 of the Amendment through the TELRIC-compliant rates adopted in D.04-09-063.

6. For any RNMs not listed in Sections 8.1.2 and 8.2.2 of the Amendment, the Commission needs to determine whether or not the costs of those items are covered in SBC's UNE rates.

7. The FCC notes that the costs associated with RNMs are "often" reflected in recurring rates that CLECs pay for loops.

8. Any inquiry into how SBC recovers the costs of modifications to its network performed for its special access customers is irrelevant.

9. It is appropriate that CLECs have a knowledgeable person available to discuss the reasons for a jeopardy notice and to work with the CLEC to determine how to provide service to the CLEC's customer.

10. SBC has the right to construct a loop to serve a special access customer, if no loop is available. At the same time, SBC is not required to construct a new loop to serve a UNE customer.

Conclusions of Law

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. Consistent with TELRIC principles applicable to the pricing of UNEs, there should be no charge for any of the RNMs listed in Sections 8.1.2 and 8.2.2.

5. SBC should perform all RNMs that it performs for its own customers, with the exception of the exclusions listed in Sections 8.1.3 and 8.2.3.

6. To the extent that RNMs have an impact on the loop provisioning metrics, that issue should be addressed in the Commission's performance measurement docket, or a successor docket.

ORDER

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. Within 21 days of the effective date of this order, the parties' shall file the final version of the amendment with the Telecommunications Division via Advice Letter. That filing shall include the names of all Competitive Local Exchange Carriers covered by the terms of this amendment.

3. The effective date for the amendments shall be the effective date of this order.

This order is effective today.

Dated March 2, 2006, at San Francisco, California.

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