5. Comments on Draft Decision

The draft decision of the Administrative Law Judge in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were received on ______________, and reply comments were received on _______________.

Findings of Fact

1. The Commission in D.98-12-069 charted the testing of the OSS of Pacific as one of the FCC conditions that must be met before Pacific's entry into the long distance market.

2. Seven CLECs on July 26, 2000, filed this Petition to Modify D.98-12-069 to require additional access to test results and data on a real-time basis and to substitute the concept of openness instead of blindness in the test process.

3. The CLECs have played a major role in formulating the OSS Master Test Plan.

4. Technical representatives of the CLECs meet regularly with Commission staff and the Test Administrator to examine and comment on the test process.

5. Numerous changes have been made in the OSS testing to accommodate the concerns of the CLECs.

6. The OSS testing is nearing completion.

7. The Petition to Modify is procedurally defective in that it has been filed more than a year after issuance of D.98-12-069, it contains no declarations or affidavits to support its allegations, and it appears to challenge interlocutory rulings rather than the decision itself.

Conclusion of Law

The Joint Petitioners have failed to justify modification of D.98-12-069.

O R D E R

IT IS ORDERED that the Joint Petition of AT&T Communications, Inc.; Covad Communications Co.; Electric Lightwave, Inc.; ICG Access Service, Inc.; Nextlink California, Inc.; Sprint Communications, Inc.; and WorldCom, Inc., for Modification of Decision 98-12-069 is denied.

This order is effective today.

Dated ___________________, at San Francisco, California.