ALJ/KAJ/avs Mailed 5/26/2006

Decision 06-05-040 May 25, 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)

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

I. Summary

This order confirms, with some modifications, the April 13, 2006 assigned Administrative Law Judge's (ALJ) Ruling granting in part and denying in part the motion for enforcement of Decision (D.) 06-01-043, which was filed on March 29, 2006. The modifications to the outcomes in the ALJ Ruling are described below.

On March 29, 2006, a joint motion was filed by five Competitive Local Exchange Carriers (CLECs or Movant CLECs): 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 requesting enforcement of D.06-01-043.

The motion was filed in response to AT&T California (AT&T's) March 10, 2006 notice to CLECs stating that it intends to charge $37.24 for each Unbundled Network Element Platform (UNE-P) line that had not been transitioned to another serving arrangement by March 11, 2006. Joint Movants seek a Commission order forbidding AT&T from setting a proxy rate that is equivalent to the market-based rate it sought to impose in this proceeding, rather than the total-service resale rate the Commission directed it to charge in D.06-01-043.