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STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

March 22, 2005 Agenda ID #4426

TO: PARTIES OF RECORD IN CASE 03-02-011

This is the draft decision of ALJ Reed. It will not appear on the Commission's agenda for at least 30 days after the date it is mailed. The Commission may act then, or it may postpone action until later.

When the Commission acts on the draft 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.

Parties to the proceeding may file comments on the draft decision as provided in Article 19 of the Commission's "Rules of Practice and Procedure." These rules are accessible on the Commission's website at http://www.cpuc.ca.gov. Pursuant to Rule 77.3 opening comments shall not exceed 15 pages. Finally, comments must be served separately on the ALJ and the assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious method of service.

/s/ ANGELA K. MINKIN

Angela K. Minkin, Chief

Administrative Law Judge

ANG:jva

Attachment

191741

ALJ/JAR/jva DRAFT Agenda ID #4426

Decision DRAFT DECISION OF ALJ REED (Mailed 3/22/2005)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

California Telcom, L.L.C. dba Cox Communications (U-5684-C),

          Complainant,

vs.

Southwestern Bell Corporation (U-1001-C),

          Defendant.

Case 03-02-011

(Filed February 6, 2003)

(ECP under D.95-12-056)

OPINION GRANTING COMPLAINT

Summary

This decision grants the complaint of Cox California Telcom, LLC (Cox) against Pacific Bell Telephone Company, doing business as SBC California (SBC California), and finds that SBC California breached § 3(A) of the Cox-SBC California Data Exchange Agreement (DEA) from May 2000 through July 2001. Consequently, we do not find Cox liable to SBC California for the costs of the traffic at issue. The proceeding is closed.

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