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STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

April 8, 2004 Agenda ID# 3454

TO: PARTIES OF RECORD IN R.95-04-043, I.95-04-044

Enclosed is a Alternate Draft Decision of President Michael R. Peevey to the draft decision of Administrative Law Judge (ALJ) Thomas R. Pulsifer previously mailed to you. When the Commission acts on the proposed decision, it may adopt all or part of it as written, amend or modify it or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.

This is being served to the parties pursuant to Public Utilities Code Section 311(g)(3) and Rule 77.7(f)(9) of the Rules of Practice and Procedure. Parties to the proceeding may file comments on the enclosed alternate no later than April 15, 2004, and reply comments no later than April 19, 2004. An original and four copies of the comments with a certificate of service shall be filed with the Commission's Docket Office and copies shall be served on all parties on the same day of filing. Anyone filing comments shall electronically serve those on the service list who have provided electronic addresses. Parties shall also ensure that they electronically serve their comments to Commissioner Peevey's advisor, Lester Wong, at llj@cpuc.ca.gov and the assigned ALJ Pulsifer, at TRP@cpuc.ca.gov. For those who have not provided electronic addresses, printed copies of the comments shall be served by first class mail or other expeditious mode of delivery.

/s/ ANGELA K. MINKIN (by PSW)

Angela K. Minkin, Chief

Administrative Law Judge

ANG:acb

Enclosures

COM/MP1/llj/acb DRAFT Agenda ID #3454

Decision DRAFT ALTERNATE DECISION OF PRESIDENT PEEVEY

(Mailed 4/8/2004)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking on the Commission's Own Motion into Competition for Local Exchange Service.

Rulemaking 95-04-043

(Filed April 26, 1995)

Order Instituting Investigation on the Commission's Own Motion into Competition for Local Exchange Service.

Investigation 95-04-044

(Filed April 26, 1995)

OPINION ADOPTING WHOLESALE
DIRECTORY ASSISTANCE LISTING PRICES

TABLE OF CONTENTS

TITLE PAGE

OPINION ADOPTING WHOLESALE DIRECTORY ASSISTANCE LISTING PRICES 22

Findings of Fact 2626

Conclusions of Law 2929

ORDER 3030

OPINION ADOPTING WHOLESALE
DIRECTORY ASSISTANCE LISTING PRICES

I. Summary

By today's decision, we establish wholesale rates applicable to the provisioning of service under Pacific Bell Telephone Company's dba SBC California (SBC) Directory Assistance Listing Information Service (DALIS) tariffs. DALIS is a wholesale service offered to third-party vendors whereby SBC furnishes directory assistance (DA) data (i.e., listed names, addresses, and telephone numbers) for third-party vendors' use in providing directory assistance services to retail customers. Third-party vendors that utilize DALIS include competitive local exchange carriers (CLECs), other telecommunications carriers, and other independent DA vendors.

The prices we adopt are based upon review of the DALIS study submitted by SBC as well as responsive comments, declarations, discovery and depositions submitted by opposing interests, designated as the "Joint Parties."1 Of the two DALIS pricing proposals before us, we conclude that prices based upon SBC's cost study as modified by this Decision are reasonable. Accordingly, we adopt DALIS prices of $0.0059 for each update listing and $0.0010 for each initial load listing. We also adopt a separate Tape Delivery fee of $16.12 per tape.

1 The Joint Parties consist of LSSI Corp, Metro One Telecommunications, Inc., and WorldCom, Inc.

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