STATE OF CALIFORNIA GRAY DAVIS, Governor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
October 30, 2001 Item 6
11/8/2001
TO: PARTIES OF RECORD IN RULEMAKING 95-04-043 AND
INVESTIGATION 95-04-044
This is the draft decision of Administrative Law Judge (ALJ) Pulsifer. It will be on the Commission's agenda at the meeting on November 8, 2001. The Commission may act then, or it may postpone action until later.
When the Commission acts on the draft decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.
A previous version of the draft decision in this matter was mailed to parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Commission's Rules of Practice and Procedure. Since parties were already provided an opportunity to comment on the previous version, Commission rules do not require further opportunity for comment before the Commission may act on the current version of the draft decision. Nonetheless, parties will be provided the opportunity to file a single round of additional comments on the attached version of the draft decision, to be due five business days from today.
In addition to service by mail, parties should send comments in electronic form to those appearances and the state service list that provided an electronic mail address to the Commission, including ALJ Pulsifer at trp@cpuc.ca.gov. Finally, comments must be served separately on the Assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious methods of service.
/s/ LYNN T. CAREW
Lynn T. Carew, Chief
Administrative Law Judge
LTC:sid
Attachments
ALJ/TRP/sid DRAFT Item 6
11/8/2001
Decision DRAFT DECISION OF ALJ PULSIFER (Mailed 10/30/2001)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking on the Commission's Own Motion into Competition for Local Exchange Service. |
Rulemaking 95-04-043 (Filed April 26, 1995) |
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Order Instituting Investigation on the Commission's Own Motion into Competition for Local Exchange Service. |
Investigation 95-04-044 (Filed April 26, 1995) |
I. Summary
By today's decision, we deny, in part, and grant, in part, the Petition of Metro One Telecommunications, Inc. (Metro One) and InfoNXX, Inc. (InfoNXX) to modify Decision (D.) 98-01-022. The Petitioners seek an order to require that incumbent local exchange carriers (ILECs) offer to provide access to their Directory Assistance (DA) databases to all independent third-party DA service providers under the lowest rates that apply where such access is furnished to any other service provider. In order to ensure that such access is, in fact, nondiscriminatory, petitioners ask that the ILECs be required to immediately file, under Section 252 of the 1996 Telecommunications Act (the "1996 Act"), any agreements, memoranda of understanding, or similar documentation of the prices they charge for DA access by other providers, including their affiliates and competitive local carriers (CLCs.)
By this decision, we deny, in part, the Petition for Modification. Although we do not find sufficient justification to grant the modification sought by Petitioners, we conclude that a more limited modification is warranted to adjust downward the amounts that Pacific Bell (Pacific) is authorized to charge for access to its DA database, as we explain below. We shall therefore modify D.98-01-022 to reflect the more limited modification that we adopt herein, namely, to require Pacific to amend its tariffs to exclude the five-cents-per query charge applicable to its DA database.
