6. Assignment of Proceeding
Michael R. Peevey is the Assigned Commissioner and Thomas Pulsifer is the ALJ and Principal Hearing Officer for this proceeding. This Alternate Proposed Decision was prepared by Commissioner Geoffrey F. Brown.
1. The Commission has before it the Proposed Decision and the Alternate Decision dealing with the proposed SBC/AT&T merger.
2. The Proposed Decision concludes that §§ 854(b) and (c) are applicable to this transaction; the Alternate Decision concludes that §§ 854(b) and (c) are not applicable.
3. The FCC in a press release issued on October 31, 2005, preliminarily approved the SBC/AT&T merger at the federal level, subject to conditions different from those proposed in the Proposed Decision and in the Alternate Decision.
1. The Commission should find that Section 854 of the Public Utilities Code, including subsections (b) and (c), apply to this transaction.
2. This proceeding should be remanded to the Assigned Commissioner and to the assigned ALJ for further proceedings not inconsistent with this order.
IT IS ORDERED that:
1. Section 854 of the Public Utilities Code, including subsections (b) and (c), apply to this transaction.
2. This proceeding is remanded to the Assigned Commissioner and to the assigned Administrative Law Judge for further proceedings consistent with this order.
3. A proposed decision and, if necessary, a proposed alternate decision in this matter should be presented to the Commission as soon as practical after the order of the Federal Communications Commission with respect to this matter becomes final.
This order is effective today.
Dated , at San Francisco, California.
