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 CASE 00-10-010

This is the draft decision of Administrative Law Judge (ALJ) Walker. 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/GEW/sid DRAFT CA-11

4/19/2001

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

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Bob and Mardelle McManaman, Complainants, vs. Foresthill Telephone Company, Defendant.

Case 00-10-010 (Filed October 10, 2000)

O P I N I O N

1. Summary

Complainants seek an order by the Commission requiring Foresthill Telephone Company (Foresthill) to implement interLATA and intraLATA equal access¹ so that complainants and their neighbors may have a choice of long distance carriers. On February 8, 2001, the Commission issued Decision (D.) 01-02-018 which, among other things, adopted a schedule for implementation of intraLATA equal access by small local exchange carriers in California, including Foresthill. Since the relief sought by complainants has been granted in D.01-02-018, their complaint is now moot and, on that basis, is dismissed. The dismissal is without prejudice to refiling should Foresthill fail to implement equal access in compliance with the Commission's order.