IV. Assignment of Proceeding

Michael R. Peevey is the Assigned Commissioner and Karen A. Jones is the assigned ALJ in this proceeding.

Findings of Fact

1. The ruling resolves disputes as to the proxy resale rate that AT&T may assess for UNE-P lines that were not converted prior to the March 11, 2006 deadline.

2. A CLEC is unlikely to purchase three custom calling features individually when the features are available at a lower price as part of a package.

3. D.06-01-043 required AT&T to charge the total service resale rate for a UNE-P line.

4. D.06-01-043 found it would be "unduly punitive" to CLECs to impose the market-based rates that AT&T sought to charge for such lines.

5. The $37.24 rate AT&T proposes to assess is remarkably similar to the rates in AT&T's Local Wholesale Complete commercial agreements.

6. AT&T presents no proof that the actual usage on the average exceeds the 500 minute proposed by the CLECs.

7. Most CLECs use another carrier to provide long distance service so it is inappropriate for AT&T to impose access charges on the CLECs.

8. Fones4All serves only residential customers.

Conclusions of Law

1. The April 13, 2006 ruling on the CLECs' motion resolves the issues brought before the Commission relating to disputes over the proxy resale rate that AT&T should assess on UNE-P lines that had not been transitioned by March 11, 2006.

2. AT&T's proxy rate of $37.24 is not in compliance with D.06-01-043.

3. The proxy rates adopted are in compliance with the intent expressed in D.06-01-043 and should be effective as of March 11, 2006.

4. An assigned ALJ has the authority to grant a temporary restraining order or preliminary injunction, subject to ratification or reversal by the full Commission.

5. The CLECs have met the four-prong test established by the Commission for a temporary restraining order, namely (1) a likelihood of prevailing on the merits; (2) irreparable injury to the moving party without the order; (3) no substantial harm to other interested parties; and (4) no harm to the public interest.

ORDER

IT IS ORDERED that:

1. The assigned Administrative Law Judge's Ruling denying in part and granting in part the motion for enforcement of Decision 06-01-043, attached hereto as Appendix A, is hereby confirmed, as modified by this decision.

2. SBC California shall charge all Competitive Local Exchange Carriers, except Fones4All, a rate of $23.16 per month for each Unbundled Network Element Platform (UNE-P) line not converted by March 11, 2006.

3. SBC California shall charge FONES4All a rate of $22.60 per month for each UNE-P line not converted by March 11, 2006.

4. The proxy rates adopted in this order shall be effective as of March 11, 2006.

This order is effective today.

Dated May 25, 2006, at San Francisco, California.

APPENDIX A

KAJ/eap 04/13/2006

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Pacific Bell Telephone Company d/b/a SBC California for Generic Proceeding to Implement Changes in Federal Unbundling Rules Under Sections 251 and 252 of the Telecommunications Act of 1996.

    Application 05-07-024

    (Filed July 28, 2005)

ADMINISTRATIVE LAW JUDGE'S RULING
GRANTING IN PART MOTION FOR ENFORCEMENT
OF DECISION 06-01-043

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