6. Waiver of Public Review and Comment
Pursuant to Rule 77.7(f)(5) of our Rules of Practice and Procedure, the otherwise applicable 30-day period for public review and comment is being waived.
1. On August 15, 2001, parties filed an arbitrated Agreement for Commission approval. Also, Pacific and MCIm filed statements on August 15, 2001 regarding whether or not the Agreement should be approved by the Commission.
2. The parties negotiated the entire Agreement, with the exception of the 100 items presented for arbitration.
3. No party or member of the public alleges that any negotiated portion of the Agreement is not in compliance with Section 252(e)(2)(A) of the Act.
4. No negotiated portion of the Agreement results in discrimination against a telecommunications carrier not a party to the Agreement, or is inconsistent with the public interest, convenience and necessity.
5. In its August 15, 2001 statement, Pacific asserts that the arbitrated outcomes on four issues do not comply with the Act or the FCC's implementing rules.
6. In its August 15, 2001 statement, MCIm asserts that the arbitrated outcomes on three issues do not comply with the Act or the FCC's implementing rules.
7. The Act requires that the Commission approve or reject an arbitrated interconnection agreement within 30 days after the agreement is filed. (47 U.S.C. Section 252(e)(4).)
8. The Commission generally may not act on a proposed decision any sooner than 30 days after it is filed and served for public comment. (Pub. Util. Code §§ 311(d) and (g).)
9. The Commission's 30-day period before acting on a proposed decision may be reduced or waived for a decision under the state arbitration provisions of the 1996 Telecommunications Act. (Pub. Util. Code § 311(g)(3).)
10. Parties have agreed in writing that the time requirement for a Commission decision under the Act may be extended to September 20, 2001.
1. Nothing about the result of this arbitration is inconsistent with governing federal law.
2. All amendments to agreements must be submitted by advice letter, and approved pursuant to Rule 6.2 of Resolution ALJ-181.
3. No arbitrated portion of the Agreement fails to meet the requirements of Section 251 of the Act, including FCC regulations pursuant to Section 251, or the standards of Section 252(d) of the Act.
4. No provision of the Agreement conflicts with State law, including compliance with intrastate telecommunications service quality standards, or other requirements of the Commission.
5. The price adopted for DAL should not be below Pacific's cost of providing the service.
6. If Pacific does not provide the custom routing MCIm requests using FGD, OS and DA should be priced as UNEs.
7. MCIm should be permitted to purchase services from Pacific at wholesale prices for resale to other carriers.
8. The prices for dark fiber should not include investment costs since those costs are already being captured in the costs for other UNEs.
9. It is appropriate for the Agreement to refer to Pacific's tariff for the terms and conditions associated with LIDB and CNAM.
10. Allowing MCIm to download the LIDB and CNAM databases would depart from the FCC definition of the UNE.
11. MCIm is entitled to unbundled access to IDLC loops, to the extent that such access is technically feasible.
12. This matter comes before the Commission pursuant to Rule 77.7 (f)(5), which allows the 30-day period to be reduced or waived.
13. The Agreement between Pacific and MCIm should be approved.
14. Commission approval of the Agreement should be determined to be the date the signed Agreement is filed with the Commission.
15. The parties should sign the modified Agreement and file it with the Commission within 5 days from today.
16. This order should be effective today because it is in the public interest to implement national telecommunications policy as accomplished through the Agreement, and to replace the existing Agreement with this new Agreement, as soon as possible.
IT IS ORDERED that:
1. Pursuant to the Telecommunications Act of 1996, and Resolution ALJ-181, the Interconnection Agreement between Pacific Bell Telephone Company (Pacific) and MCImetro Access Transmission Services L.L.C. (MCIm) filed August 15, 2001 is approved, as modified. The parties shall sign, file and serve the approved Interconnection Agreement within five days of the date of this order, and the date of Commission approval shall be the date the signed Interconnection Agreement is filed.
2. The parties shall, within 10 days of today, serve on the Director of the Telecommunications Division a copy of the approved Interconnection Agreement.
3. The January 8, 2001 motion of Pacific to file under seal portions of its application for arbitration is hereby granted.
4. The February 2, 2001 motion of MCIm to file under seal portions of its Response to Pacific's application for arbitration is hereby granted.
5. The August 15, 2001 motion of Pacific to file under seal the proprietary portion of its statement regarding whether the interconnection agreement resulting from this proceeding should be approved or rejected, is hereby granted.
6. This proceeding is closed.
This order is effective today.
Dated September 20, 2001, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
