4.2.2 Issues Not In Dispute

Joint Petitioners assert that state commissions are only empowered to decide unresolved issues in an arbitration, and that the Arbitrator exceeded his authority by establishing a rate of $3.00 per month for access to the high frequency portion of GTE's loop. We disagree with Joint Petitioners, and affirm the results of the arbitration. The rate for access to the high frequency portion of an ILEC's loop was an issue presented for arbitration in this multi-party proceeding, and was properly before the Arbitrator.

Moreover, even if not considered an arbitrated issue, we may now reject a negotiated portion of an ICA if it is not consistent with the public interest, convenience, and necessity. (47 U.S.C. 252(e)(2).) For all the reasons stated above, and as discussed in the FAR, a zero rate for access to the high frequency portion of the loop is not consistent with the public interest, convenience, and necessity. On the other hand, for the reasons stated above and discussed in the FAR, a rate of $3.00 is both TELRIC-compliance and reasonable in the interim, subject to a true-up adjustment during the final portion of the line sharing phase of this proceeding.