I. Introduction

On March 29, 2006, five Competitive Local Exchange Carriers (CLECs or Movant CLECs)⁴ filed a motion for enforcement of Decision (D.) 06-01-043. On January 26, 2006, the Commission issued D.06-01-043, its Final Decision in the instant arbitration, resolving issues disputed between AT&T California (AT&T)⁵ and the CLECs. In that decision, the Commission approved CLEC-proposed contract language stipulating that, in the event a CLEC is unable to submit a transition order for a line that it has been using to provide service to an end-user under the Unbundled Network Element Platform (UNE-P), AT&T is authorized to charge only the total service resale rate for such line.⁶ In making this finding, the Commission ruled specifically that it would be "unduly punitive" to CLECs to impose the market-based rates that AT&T sought to charge for such lines.

⁴ The five CLECs are Call America, Inc.; CF Communications, LLC d/b/a Telekenex; DMR Communications, Inc.; TRI-M Communications, Inc. d/b/a TMC Communications; and FONES4ALL Corp.

⁵ When this application was filed, the company was operating under the name "SBC California." Since the merger with AT&T has been completed, the company is now operating under the name "AT&T California."

⁶ D.06-01-043 at 47.