5. Industry Notification

At the same time an exiting CLEC files its application and exit plan with the Commission, it must serve the documents on any carrier with whom it has arranged to assume Applicant's customers (arranged carrier), all local exchange carriers known to provide service in the affected area, all underlying network service providers used by the exiting CLEC, any other parties to whom the exiting CLEC is required to give notice under related interconnection, resale, or service agreements, and the CD.

Applicant stated in its initial exit plan that it is serving the affected customers on facilities supplied by Comcast Phone of California, LLC and TWCIS.

Applicant's initial exit plan also stated that although it did not have an arranged carrier, it was in the process of contacting "the carriers of last resort, AT&T California and Verizon," to make customer service arrangements for those companies to implement a dedicated toll-free number for TWCIS customers and to ensure that the incumbent local exchange carriers' (ILECs) customer service representatives could respond to the inquiries and service requests of TWCIS customers whose service(s) are being disconnected. In its Consolidated Reply, TWCIS proposed that the Commission allow TWCIS's affiliate, TWC Digital Phone,8 to serve as a default carrier in the Playa Vista neighborhood in Verizon territory.9 TWCIS also proposed that the Commission permit it, after additional and specific notice, to transfer a small number of non-responding Lifeline customers in the Playa Vista neighborhood to Race Technologies, Inc. (Race Technologies).10 In its Amended Consolidated Reply, TWCIS noted that Race Technologies had, as of September 11, 2007, applied for, but not yet received, a certificate of public convenience and necessity (CPCN) from the Commission.11

In the Amended Consolidated Reply, TWCIS asserted that while it was attempting to work with both AT&T California and Verizon to develop a process and plan for the transition of any non-responsive customers to those carriers' services, both carriers declined to do so until the Commission acted upon its application. TWCIS urged the Commission to convene a conference call among the parties to determine how to proceed in the face of such an impasse. The assigned ALJ held eight telephonic status conferences12 in order to facilitate coordination between Applicant and the two ILECs.

The CD has determined that after several supplements and updates, Applicant's industry notification satisfies our requirements. Thus, Applicant has satisfied our industry notification requirements.

8 TWC Digital Phone provides interconnected voice over Internet protocol to residential customers in California.

9 Verizon advised the Commission and Applicant, in its August 2, 2007 Response, that it does not have copper or fiber facilities in place to serve customers in the Playa Vista neighborhood located on 1,087 acres in southwestern Los Angeles.

10 Applicant states that Race Technologies is a CLEC that has agreed to provide Lifeline service to the Playa Vista development customers that have not selected an alternative carrier. It further believes that Race Technologies would also be willing to serve any customers that do not wish to be transferred to the TWC Digital Phone service when the circuit-switched service is discontinued. (Consolidated Reply at 6.)

11 Race Technologies applied for CPCN to operate as Race Telecommunications, Inc. (Race) on September 7, 2007. See, A.07-09-004. It was certificated on January 10, 2008 in D.08-01-009.

12 The conferences took place on September 24, October 9, October 23, November 6, November 27, November 30, December 7, and December 13, 2007.

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