Findings of Fact

1. CLECs have the right to have access to high capacity transport for interconnection purposes, regardless of the provisions in the underlying ICA.

2. The Commission does not have the authority to modify FCC rules.

3. Certain portions of Section 3.7.2 are limited to CLECs covered by the provisions of D.05-03-027.

4. It is important to include language in Section 3.8 to show that the nonrecurring charges vary depending on how the order is submitted.

5. Service interruptions may occur in the conversion process so it is inappropriate to include a section that says that there will be no service interruptions.

6. The Amendment should include detailed information on Verizon's obligations for commingling.

7. The terms "short" and "cable stub" are not defined in the amendment.

8. Future rate changes are not automatically subject to change-of-law provisions.

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.

ORDER

Therefore, IT IS ORDERED that:

1. Pursuant to the Telecommunications Act of 1996, the remaining disputed issues in the Amendment to the Interconnection Agreements between Verizon California Inc. and various Competitive Local Exchange Carriers (CLECs) are resolved.

2. Within 10 days of the effective date of this order, the parties shall file the final version of the entire amendment with the Telecommunications Division via Advice Letter. That filing shall include the names of all CLECs covered by the terms of this amendment.

3. The effective date for the language adopted in this order shall be the effective date of the order.

This order is effective today.

Dated July 20, 2006, at San Francisco, California.

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