3. Overview
Eighty issues in 14 categories are arbitrated in this proceeding:
CHAPTER NO. |
CATEGORY |
NO. OF ISSUES REMAINING |
4 |
General Terms and Conditions (GT&C) |
7 |
5 |
Definitions (Def) |
1 |
6 |
Network Interconnection Method (NIM) |
18 |
7 |
Invoicing (Inv) |
4 |
8 |
Operational Support Systems (OSS) |
2 |
9 |
Performance Measures (PM) |
1 |
10 |
Resale (Resale) |
2 |
11 |
Digital Subscriber Line and Line Sharing (xDSL) |
3 |
12 |
Reciprocal Compensation (RC) |
13 |
13 |
Unbundled Network Elements (UNE) |
9 |
14 |
Physical Collocation (P. Collo) |
5 |
15 |
Virtual Collocation (V. Collo) |
4 |
16 |
Pricing Appendix (Pr App) |
3 |
17 |
Price Schedule (Pr Sch) |
8 |
TOTAL |
80 |
Issues are addressed in this report in the order of the categories above. Issue numbers used herein are the same as identified by parties in order to maintain consistency and ease of reference throughout the proceeding. This is also true for the statement of each issue. In some cases, parties do not agree on the statement of the issue, and each party's statement of the issue is included.
The existing ICA took effect in 2001, and is referred to herein as the 2001 ICA. The replacement ICA being arbitrated here is expected to take effect in or about April 2006, and is referred to herein as the 2006 ICA.
The general approach taken herein is to continue results from the 2001 ICA unless new fact or law justifies a change. This is consistent with the parties' views. For example, MCIm says:
"parties' existing ICA, which was approved by the Commission, is prima facie evidence of just and reasonable rates, terms and conditions. Therefore, absent some compelling reason such as a change of law or material fact, the Commission should adopt the proposed language for disputed issue that most closely adheres to the provisions of the existing ICA." (MCIm Opening Brief, page 9.)
SBC-CA agrees saying: "where one party proposes and the other opposes a departure from the existing ICA language, the arbitrator should defer to the existing ICA outcomes unless the facts or law justify a departure." (SBC-CA Opening Brief, page 7.) In some cases, parties each propose something different than in the 2001 ICA, and a decision is made herein based on the facts and law presented.
