ALJ/BWM/epg DRAFT CA-4

1/18/2001

Decision DRAFT DECISION OF ALJ MATTSON (Mailed 12/13/2000)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Petition of AT&T Communications of California, Inc. For Arbitration Pursuant to Section 252(b) Of the Telecommunications Act of 1996 to Establish an Interconnection Agreement with Pacific Bell (U 1001 C).

Application 96-08-040 (Filed August 20, 1996)

OPINION

1. Summary

The June 19, 1998 petition of Pacific Bell (Pacific) to modify Decision (D.) 96-12-034 is denied. The June 12, 1998 motion of Pacific to establish a memorandum account to track payments due from AT&T Communications of California, Inc. (AT&T) for purchases of the switching unbundled network element (UNE) is denied. The June 18, 1998 request of AT&T that Pacific calculate refunds due AT&T for toll aggregation volume discounts back to the effective date of the 1996 interconnection agreement (ICA), and hold that sum in a memorandum account, is denied. The June 18, 1998 request of AT&T for an order directing Pacific to immediately remove the toll aggregation restriction is denied. To the extent they have not yet done so, Pacific and AT&T shall modify their 1996 ICA to comply with the May 11, 1998 Order of the United States District Court for the Northern District of California (Court), with the modifications effective December 19, 1996. This proceeding is closed.