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. AT&T Communications of California, Inc. and WorldCom, Inc. submitted opening comments on November 7, 2000, and Pacific submitted reply comments on November 13, 2000. We have taken the comments into account in finalizing this order.
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 apply their concept of openness to the test process.
3. The CLECs have played a role in formulating the OSS Master Test Plan.
4. There is no single model for an open approach in OSS testing.
5. Technical representatives of the CLECs meet regularly with Commission staff and the Test Administrator to examine and comment on the test process.
6. Numerous changes have been made in the OSS testing to accommodate the concerns of the CLECs.
7. On December 4, 2000, Pacific will require that that all CLEC DS 1 loop orders be processed through the two OSS ordering interfaces LEX and EDI that are being examined in the OSS test.
8. At that time, Pacific will retire the CESAR interface that most CLECs have relied on to submit DS 1 loop orders.
9. With the retirement of CESAR, those commercial volumes will be processed through the LEX or EDI interface.
10. The OSS testing has concluded.
11. The Petition to Modify is procedurally sound given the timing of the OSS test and the overall time period at issue.
Conclusion of Law
1. The Commission should exercise its discretion under Rule 87 to "secure just, speedy, and inexpensive determination of the issues presented" and accept the filing as of the date of submission.
2. Pacific can demonstrate sufficient evidence that it can provide DS1 loops on a nondiscriminatory basis without continued DS1 loop testing.
3. The examination and analysis of at least two months of the post-CESAR retirement commercial volumes, together with the results from capacity and functionality testing, should enable the relevant regulatory agencies and parties to determine whether Pacific is providing nondiscriminatory access to DS1 loops.
4. The Joint Petitioners have failed to justify modification of D.98-12-069.
O R D E R
IT IS ORDERED that:
1. 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.
2. Following the retirement of the Customer Enhanced System for Access Request (CESAR) interface, Pacific Bell shall file and submit to the Commission's Telecommunications Division on a monthly basis DS1 Loop commercial volume data processed through the two Operations Support Systems ordering interfaces, Local Service Request Exchange (LEX) and Electronic Data Interchange (EDI) for analysis.
This order is effective today.
Dated ___________________, at San Francisco, California.
