Parties are encouraged to negotiate and reach agreement without arbitration. If successful, a signed contract agreement that the Commission may adopt must be filed and served by March 27, 2000. Amendments to agreements will be processed pursuant to Rule 6 of Resolution ALJ-178. Pacific Bell and GTE California Incorporated should file and serve each amendment by Advice Letter within five days of the date the agreement is reached with the competitive local exchange carrier. The Advice Letter is deemed approved without a Commission resolution 30 days from the date the Advice Letter is filed, unless the Commission takes action to reject the Advice Letter. (See Ruling of Chief Administrative Law Judge dated January 31, 2000 at page 3 and Ordering Paragraph 2; also see Ruling dated February 25, 2000 at Ordering Paragraph 5; further note Rule 6.2, Resolution ALJ-178.)
IT IS RULED that:
1. The Ruling dated February 25, 2000 is clarified, and elaborated upon, as explained in this ruling. The response/rebuttal testimony shall be filed and served as explained in the body of this ruling.
2. A revised matrix of unresolved issues shall be filed and served as explained in the body of this ruling.
3. The initial arbitration meeting shall be held at 1:00 p.m. on Friday, April 7, 2000 in the Commission Courtroom, State Office Building, 505 Van Ness Avenue, San Francisco, California.
4. Parties shall use the same outline for briefs. Disputes shall be presented to the arbitrator no later than the last day of hearing.
5. Parties may file reply briefs. Reply briefs shall be limited to 10 pages, and shall be filed and served by April 26, 2000.
6. Parties shall file statements by June 2, 2000 with the filed, effective agreement language. The statements shall:
a. identify the criteria in the Telecommunications Act of 1996, and the Commission's Rules of Practice and Procedure (e.g., Rules 2.18, 4.2.3, and 4.3.1 of Resolution ALJ-178) by which negotiated and arbitrated portions of interconnection agreements must be tested,
b. separately explain whether the negotiated and arbitrated portions of the agreements at issue here pass or fail each test, and
c. state whether or not the interconnection agreements should be approved or rejected by the Commission.
7. Parties with electronic mail capability shall serve a copy on me by electronic mail (bwm@cpuc.ca.gov) of all documents created in electronic format in this proceeding (e.g., applications, proposed testimony, responses, proposed rebuttal testimony, revised matrix of unresolved issues, briefs, motions, pleadings). Parties with electronic mail capability are encouraged to serve these items by electronic mail on the service list. Service by electronic mail on me or the service list shall not vacate the Commission's rules for the filing and service of paper copies of documents and pleadings, including a copy on me. Paper copies served on me shall be served so that they are delivered to my office on the same day they are served, or the same day they are filed in the Docket Office.
8. The schedule in Attachment A is adopted.
9. If parties do not file requests for arbitration, parties shall file and serve a signed contract agreement on March 27, 2000 that the Commission may adopt. Amendments shall be processed pursuant to Rule 6 of Resolution ALJ-178. Pacific Bell and GTE California Incorporated shall file and serve each amendment by Advice Letter within five days of the date the agreement is reached with the competitive local exchange carrier. The Advice Letter is deemed approved without a Commission resolution 30 days from the date the Advice Letter is filed, unless the Commission takes action to reject the Advice Letter.
10. This ruling shall be served on all parties to the UNE and Collocation Phases of OANAD (R.93-04-003/I.93-04-002) and the Local Competition proceeding (R.95-04-043/I.95-04-044).
Dated March 21, 2000, at San Francisco, California.
/s/ Burton W. Mattson | ||
Burton W. Mattson Arbitrator Administrative Law Judge |
CERTIFICATE OF SERVICE
I certify that I have by mail this day served a true copy of the original attached Arbitrator's Ruling on all parties of record in this proceeding or their attorneys of record.
Dated March 21, 2000, at San Francisco, California.
/s/ Erlinda A. Pulmano |
Erlinda A. Pulmano |
NOTICE
Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: Calendar Clerk (415) 703-1203.
If specialized accommodations for the disabled are needed, e.g., sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074 or TDD# (415) 703-2032 five working days in advance of the event.
ATTACHMENT A
LINE SHARING INTERIM ARBITRATION SCHEDULE FOR
PACIFIC BELL AND GTE CALIFORNIA, INC.
DATE |
EVENT |
March 27, 2000 |
Request for interim arbitration filed and served |
April 5, 2000 |
Response, rebuttal testimony, revised issue matrix filed and served |
April 7, 2000 at 1:00 p.m. |
Initial Arbitration Meeting |
April 11-14, 2000 |
Arbitration Conferences and Hearings |
April 21, 2000 |
Opening Briefs |
April 26, 2000 |
Reply Briefs |
May 8, 2000 |
Draft Arbitrator's Report (DAR) filed and served |
May 15, 2000 |
Comments on DAR filed and served |
May 26, 2000 |
Final Arbitrator's Report (FAR) filed and served |
June 2, 2000 |
Interconnection Agreement contract language consistent with FAR filed and served, and effective; statement whether Commission should approve or reject contract language |
June 30, 2000 |
Proposed Decision (PD) filed and served |
July 20, 2000 |
Comments on PD |
July 25, 2000 |
Reply comments on PD |
August 3, 2000 |
Commission Decision |
(End of Attachment A.)