Decision 01-02-042 February 8, 2001
Before The Public Utilities Commission Of The State Of California
In the Matter of Covad Communications Company's (U 5752 C) Petition for Arbitration of Interconnection Agreement with Roseville Telephone Company (U 1015 C) |
A.00-01-012 |
ORDER GRANTING REHEARING OF DECISION 00-06-080
I. SUMMARY
On July 24, 2000, Covad Communications Company (Covad) filed an application for rehearing of Decision (D.) 00-06-080 in which the Commission had approved the arbitrated interconnection agreement between Covad and the incumbent local exchange carrier (ILEC) Roseville Telephone Company (Roseville). Covad is a digital subscriber service line (DSL) provider.
Covad contends that the prices approved by the Commission for interconnecting with Roseville's unbundled network elements (UNEs) do not comply with the Telecommunications Act of 1996 at 47 U.S.C. §§251 et seq. (Telecom Act), nor with regulations of the Federal Communications Commission (FCC) and Commission precedent. (Application for Rehearing, at 2.) Upon reviewing the record, and a recent decision of the United States Court of Appeals for the Eighth Circuit, which was issued subsequent to our decision, we find that Covad has established legal error.
We shall, therefore, grant rehearing to reset temporary UNE prices based on a proxy and subject to true up. We will also provide for further proceedings to determine final UNE prices for Roseville.
