STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

March 20, 2001

TO: PARTIES OF RECORD IN APPLICATION 00-11-055

This is the draft decision of Administrative Law Judge (ALJ) Duda. It will be on the Commission's agenda at the next regular meeting 30 days after the above date. 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, attached, of the Commission's "Rules of Practice and Procedure." 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/ LYNN T. CAREW, Chief

Lynn T. Carew, Chief

Administrative Law Judge

LTC:sid

Attachments

ALJ/DOT/sid DRAFT CA-18

4/19/2001

Decision DRAFT DECISION OF ALJ DUDA (Mailed 3/20/2001)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of 360networks (USA) Inc. Under Section 853 of the Public Utilities Code for Modification of the Procedures by which Non-Dominant Interexchange Carriers and Competitive Local Exchange Carriers Seek and Obtain Commission Authority Under Section 851 of the Public Utilities Code to Transfer Assets or Interests in Telecommunications Facilities.

Application 00-11-055 (Filed November 20, 2000)

O P I N I O N

A. Summary

This decision denies the request of 360networks (USA) Inc. ("360networks" or "Applicant") for exemption from Pub. Util. Code § 851¹ for transfers of assets and interests between non-dominant interexchange carriers (NDIECs) and competitive local exchange carriers (CLCs).