3. Recommendations of Parties

On June 7, 2000, statements were filed by Pacific, GTE, Joint Petitioners,¹⁰ NorthPoint, Covad, New Edge, AT&T, and WorldCom. As directed in the FAR, the statements:

(a) identified the criteria in the Act and CPUC Rules by which negotiated and arbitrated portions of Pacific's Appendix DSL, GTE's Line Sharing Amendment, and signed appendices and amendments, must be tested;

(b) separately explained whether each negotiated and arbitrated portion of the appendices and amendments pass or fail each test; and

(c) stated whether or not the appendices and amendments should be approved or rejected by the CPUC.

Pacific recommends approval of the interim line sharing appendices, modified to eliminate the prohibition against decommissioning copper facilities. GTE recommends approval of the interim line sharing amendments, without waiving its right to challenge any order of the FCC or CPUC, or raise any issues in the later proceeding to set final line sharing rates, terms, and conditions.

Joint Petitioners recommend rejection of the interim line sharing appendices and amendments. NorthPoint suggests approval of the interim appendices and amendments without prejudice to the final resolution of all line sharing issues.

Covad and New Edge recommend modifying the arbitrated appendices and amendments by rejecting the arbitrated rates, and adopting lower rates (e.g., a zero rate for a CLC's use of the high frequency portion of the loop; lower rates for use of an ILEC-owned splitter, OSS modifications, and conditioning). AT&T and WorldCom recommend that portions of the appendices and amendments be rejected regarding use of the UNE-P.