4. Unforeseen Emergency
The Public Utilities Code and our Rules of Practice and Procedure generally require that draft decisions be circulated to the public for review and comment 30 days prior to the Commission's vote.8 On the other hand, the Act requires that the Commission reach its decisions to approve or reject an arbitrated agreement within 30 days after submission by the parties.9 This establishes a conflict.10
However, Rule 77.7(f)(5) provides that we may reduce or waive the period for public review and comment "for a decision under the state arbitration provisions of the Telecommunications Act of 1996." We consider and adopt this decision today under the state arbitration provisions of the Act. We reduce the comment period. Comments were filed and served on September 27, 2000. Reply comments were filed and served on September 29, 2000.
1. No party or member of the public alleges that any negotiated portion of the ICA must be rejected.
2. No negotiated portion of the ICA results in discrimination against a telecommunications carrier not a party to the ICA; is inconsistent with the public interest, convenience and necessity; or does not meet other Commission rules, regulations, and orders, including service quality standards.
3. No arbitrated portion of the ICA fails to meet the requirements of § 251 of the Act, including FCC regulations pursuant to § 251, or the standards of § 252(d) of the Act.
4. No provision of the ICA conflicts with State law, including compliance with telecommunications service quality standards, or requirements of the Commission.
5. The Act requires that the Commission approve or reject an arbitrated ICA within 30 days after the agreement is filed (47 U.S.C. § 252(e)(4)), which in this case is within 30 days of the date statements in compliance with the FAR were filed.
6. A draft decision must be subjected to 30 days' public review and comment prior to the Commission's vote; however rule 77.7(f)(5) provides that the Commission may reduce or waive the period for public review and comment under Pub. Util. Code § 311(g) for a decision under the state arbitration provisions of the Act.
7. This is a proceeding under the state arbitration provisions of the Act.
1. The FAR, along with the ICA between Level 3 and Pacific which conforms with the decisions in the FAR and this order, should be approved.
2. Pacific is entitled to receive compensation for costs associated with the use of its network for the transmission of traffic with disparate rating and routing points.
3. Level 3 and Pacific should jointly file and serve within 30 days of the date of this order a signed ICA which conforms with the decisions herein. Parties should also within 30 days jointly file and serve a statement which cross references each issue resolved in the FAR with the relevant appendix and section number in the ICA, and quotes the language from the ICA which parties adopt in compliance with the decisions in the FAR and this order.
4. The conformed, signed ICA should be effective five days after filing, unless suspended by the Director of the Telecommunications Division.
5. The 30-day public review and comment period should be reduced pursuant to Pub. Util. Code § 311(g)(3) and Rule 77.7(f)(5).
6. This order should be effective today because it is in the public interest to implement national telecommunications policy as accomplished through the ICA which results from the decisions in the FAR and this order as soon as possible.
IT IS ORDERED that:
1. We affirm the results reached in the September 5, 2000 Final Arbitrator's Report (FAR) and, pursuant to the Telecommunications Act of 1996, and Resolution ALJ-178, we approve the Interconnection Agreement (ICA) between Level 3 Communications, LLC and Pacific Bell Telephone Company that results therefrom.
2. Within 30 days of the date of this order, parties shall sign and jointly file and serve an entire ICA that conforms with the decisions in the FAR and this order. At the same time, parties shall jointly serve an entire, signed ICA on the Director of the Telecommunications Division. The signed ICA shall become effective five days after filing, unless suspended by the Director of the Telecommunications Division.
3. Parties shall jointly file and serve a statement with the signed, conformed ICA. The statement shall cross-reference each issue resolved in the FAR and this order with the relevant appendix and section number in the ICA. Further, the statement shall quote the language from the ICA which parties adopt in compliance with the decisions in the FAR and this order.
4. This proceeding is closed.
This order is effective today.
Dated _________________, 2000, at San Francisco, California.
8 See Pub. Util. Code §§ 311(g), and Rules 77.7 of the Commission's Rules of Practice and Procedure. 9 47 U.S.C. Section 252(e)(4). 10 See D.99-01-009 for a more thorough discussion and explanation. In this case, since Rule 4.2.1 (Resolution ALJ-178) was waived, we reasonably interpret this to mean within 30 days of the date statements were filed.
