ALJ/DOT/eap Date of Issue 4/11/2008

Decision 08-04-040 April 10, 2008

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Rulemaking on the Commission's Own Motion to Govern Open Access to Bottleneck Services and Establish a Framework for network Architecture Development of Dominant Carrier Networks.	Rulemaking 93-04-003 (Filed April 7, 1993)
Investigation on the Commission's Own Motion Into Open Access and Network Architecture Development of Dominant Carrier Networks.	Investigation 93-04-002 (Filed April 7, 1993) (Verizon UNE Phase)

DECISION ADOPTING BILLING ADJUSTMENT PROCESS

1. Summary

This decision resolves outstanding issues in this proceeding relating to the adjustment or "true-up" of interim unbundled network element (UNE) rates to permanent rate levels since permanent rates have been adopted for Verizon California Inc. (Verizon) in Decision (D.) 06-03-025.

This order lifts the stay of billing adjustments established through Ordering Paragraph 4 of D.06-03-025 and orders payment of billing adjustments as follows:

· Verizon and any Competitive Local Exchange Carrier (CLEC) whose cash or cash equivalents indicate it possesses cash at least 10 times the amount of its true-up debt shall pay its true-up obligations immediately, within 10 business days of this order.

· Any carrier that demonstrates to Verizon that it does not possess cash or cash equivalents at least 10 times the amount of its true-up debt shall pay in equal installments over 12 months, subject to interest and late payment penalties.

· All billing disputes arising from payment of the true-up shall be handled through provisions in existing interconnection agreements (ICAs).

The issue of adopting a process for re-examination of UNE rates is deferred to a subsequent decision.