KAJ/eap 04/13/2006
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of Pacific Bell Telephone Company d/b/a SBC California for Generic Proceeding to Implement Changes in Federal Unbundling Rules Under Sections 251 and 252 of the Telecommunications Act of 1996. |
Application 05-07-024 (Filed July 28, 2005) |
ADMINISTRATIVE LAW JUDGE'S RULING
GRANTING IN PART MOTION FOR ENFORCEMENT
OF DECISION 06-01-043
I. Introduction
On March 29, 2006, five Competitive Local Exchange Carriers (CLECs or Movant CLECs)1 filed a motion for enforcement of Decision (D.) 06-01-043. On January 26, 2006, the Commission issued D.06-01-043, its Final Decision in the instant arbitration, resolving issues disputed between AT&T California (AT&T)2 and the CLECs. In that decision, the Commission approved CLEC-proposed contract language stipulating that, in the event a CLEC is unable to submit a transition order for a line that it has been using to provide service to an end-user under the Unbundled Network Element Platform (UNE-P), AT&T is authorized to charge only the total service resale rate for such line.3 In making this finding, the Commission ruled specifically that it would be "unduly punitive" to CLECs to impose the market-based rates that AT&T sought to charge for such lines.
1 The five CLECs are Call America, Inc.; CF Communications, LLC d/b/a Telekenex; DMR Communications, Inc.; TRI-M Communications, Inc. d/b/a TMC Communications; and FONES4ALL Corp.
2 When this application was filed, the company was operating under the name "SBC California." Since the merger with AT&T has been completed, the company is now operating under the name "AT&T California."
3 D.06-01-043 at 47.
