ALJ/VDR/avs DRAFT

Decision _________________

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of Verizon California Inc. (U-1002-C) Petition for Arbitration of an Interconnection Agreement with Pac-West Telecomm, Inc. (U5266C) Pursuant to Section 252(b) of the Telecommunications Act of 1996.

Application 02-06-024 (Filed June 12, 2002)

OPINION

Summary

This is the Draft Arbitrator's Report (DAR) in an arbitration conducted pursuant to 47 U.S.C. § 252(b) upon application by Verizon of California, Inc. (Verizon) to resolve issues in an interconnection agreement (ICA) that the parties were unable to resolve through negotiation. Pac-West Telecomm, Inc.'s (Pac-West) previous ICA with Verizon became effective in 1996, and the parties continue their interconnection arrangement in accordance with that agreement, although there is some dispute as to whether certain provisions are still effective.

Verizon filed its Petition for Arbitration on June 12, 2002, including all of the items specified by Rule 3.3 of our Revised Rules Governing Filings Made Pursuant to the Telecommunications Act of 1996 (Rules).¹ Pac-West filed its Response to the Application on July 8, likewise with the inclusions required by Rule 3.6. The Response differed from the Petition in identifying the number of unresolved issues to be arbitrated, but the parties jointly filed a "Revised Statement of Unresolved Issues" on July 11 that identified 28 issues to be arbitrated. Some of those issues settled during the course of the proceeding, and others were added or recast. The issues considered here are those that were addressed in the parties' briefs when the matter was submitted.

The Arbitrator held an initial arbitration meeting on August 29, 2002, and established a schedule in accordance with the parties' desires and the Commission's available resources. Time was allotted for the parties to conclude their efforts at discovery.² The Arbitration Conference and Hearing (hearing) began October 15, and concluded on October 18 after three days of formal evidentiary presentation and informal conferences. No issues were resolved during the hearing, and the Arbitrator issued no rulings during the hearing to establish contract provisions. (See Rule 3.12.)

The parties filed post-hearing briefs, and the proceeding was submitted, on November 8, 2002, in accordance with the schedule established at the hearing by the parties and the Arbitrator. By written consent of the parties, the date for filing of the Draft Arbitrator's Report (DAR) under Rule 3.18 was later extended to January 13, 2003.