d) Use of the Terms "Basic Exchange Service" and "Basic Residential Service"

TURN and DRA next allege that the Decision errs because it treats "basic residential service" as synonymous with "basic exchange service." The Decision states that should the Commission decide to detariff, it "would affect all services other than basic residential service." (D.06-08-030, p. 186 (emphasis added).) However, as TURN/DRA point out, the statute provides for detariffing of telecommunications services "except basic exchange service." (Pub. Util. Code § 495.7, subd. (b) (emphasis added).) TURN and DRA argue that the statute does not exclude basic business service from "basic exchange service," and the Decision points to no authority to support its reading that "basic exchange service" refers only to basic residential service. TURN and DRA also point to various inconsistencies in the language used throughout the Decision to describe the types of service that will or will not be subject to detariffing. For example, language on page 185 of the Decision states that detariffing would affect all services other than "basic residential service." Language in Conclusion of Law 36, however, proposes to eliminate tariffing for all services, "with the exception of basic service." Ordering Paragraph 10 states that the Commission will take briefing on "detariffing of telecommunications services." Thus, TURN and DRA argue that the Decision is unclear as to whether the Commission intends to maintain tariffs only for basic residential service, or basic business service as well.

We agree with TURN and DRA that there is inconsistency in the Decision. We accordingly will modify the language in the text of the Decision at page 185, Conclusion of Law 36, and Ordering Paragraph 10, to use the phrase "basic exchange service." This reflects the language used in the statute and provides consistency in the Decision. However, we have not yet made a final determination with regard to detariffing, we find that TURN and DRA's claim that the exclusion of basic business services from "basic exchange service" constitutes legal error is not yet ripe for review.