16. Applicability of Default Carriers' Tariff Provisions and Commission Requirements During Mass Migrations
Pursuant to the Guidelines, AT&T California's, Verizon's, and Race's tariffed credit and collection procedures will apply to customers transitioned to them as part of the mass migration process. AT&T California's, Verizon's, and Race's other tariff provisions will apply when they do not conflict with these Guidelines and FCC requirements.
GO 133-B exception reporting requires carriers to file all quarterly reports addressing failure to meet service quality measures due to a mass migration 30 days after the quarter in which the migrations are completed. These failures are not subject to penalties.
Operations Support Systems (OSS) performance measurement reports must also be filed when due, but AT&T California may request relief from incentive payments should the mass migration process associated with this proceeding result in a failure to meet applicable performance measures.37
TWCIS states that it will cancel its residential circuit-switched voice tariff upon the discontinuance of service because it will no longer be providing state regulated voice telecommunications services in the State of California.
On February 6, 2008, the assigned ALJ directed TWCIS to advise the Commission in its comments on the Proposed Decision why it seeks only to cancel its residential circuit-switched voice tariff rather than its CPCN. TWCIS commented that its CPCN authorizes the provision of competitive local and interexchange telecommunication services, through which it has a tariff on file38 which permits TWCIS to offer intrastate telecommunication services in California.39 By means of this tariff,40 TWCIS offers high capacity data transport and other point-to-point telecommunications. Moreover, TWCIS plans to offer additional intrastate telecommunications services in the future, including wholesale telecommunications services that would be offered to the public and to its affiliate, TWC Digital Phone. TWCIS also advises that it currently has in effect interconnection agreements with both AT&T California and Verizon in order to "assist its various current and future intrastate telecommunications service offerings." TWCIS notes that it is utilizing the CPCN now and will continue to do so in the future.
37 D.02-03-023 adopted an OSS performance incentives plan to provide incentives for AT&T California to give CLECs equitable access to its OSS infrastructure. The plan measures, evaluates, and imposes monetary charges on AT&T California for OSS performance that could inhibit competition by disadvantaging the CLECs.
38 In addition to the circuit-switched voice tariff which it will be withdrawing, as noted above.
39 TWCIS Comments on Proposed Decision at p. 3 (February 8, 2008).
40 TWCIS Schedule 4.
