SBC Issue 11: Tariffs and SGATs

Issue 11 pertains to language in the cover amendment to the agreement and whether XO may pick and choose between the ICA and any SBC tariff. Issue 11 also addresses whether the ICA and its amendments prevail over SBC's tariffs.

At an arbitration meeting of January 20, 2005, the parties agreed that their dispute on this language was academic because SBC does not have a UNE tariff in California. Thus, the agreement should include the cover amendment, Section 1, as proposed by XO and as agreed to by the parties, which states that the "TRO Attachment shall apply notwithstanding other provisions contained in the agreement."