4.2.6 UNE-P

AT&T and WorldCom argue that the arbitrated outcomes fail to provide access to the high frequency portion of the loop through a UNE-P by the ILEC provisioning a line splitter on the loop. AT&T and WorldCom assert that this violates the Act and CPUC Rules. In particular, AT&T and WorldCom recommend that Paragraph 4.6 (and related provisions) of Pacific's Appendix DSL, plus Paragraph 1.3 (and related provisions) of GTE's Line Sharing Amendment, be rejected. We decline to do so.

We affirm the outcomes of the interim arbitration that ILECs are not required to own splitters, ILECs have no line sharing obligation when they are not the voice provider, and that line sharing does not apply to a UNE-P. As noted in the FAR, AT&T and WorldCom have petitioned the FCC for expedited clarification or reconsideration of these matters. The FAR reaches a reasonable outcome by ordering ILECs to modify their DSL appendices and amendments without delay to comply with any FCC order that adopts the position of AT&T and WorldCom. We affirm this result.