5.2.2 TELRIC rates for Entrance Facilities and SS7 (Price Schedule Issues 15 and 22)

MCIm asserts that two issues were transferred to A.05-07-024, and the outcome in D.06-01-043 must govern here. In particular, MCIm says Price Schedule Issues 15 and 22 were transferred. The first issue involves the rates applicable to entrance facilities used for interconnection (which MCIm says would be in the Pricing Appendix at Recurring Price List lines 302-309 and Non-Recurring Price List lines 62-94). The second issue involves rates applicable to SS7 (which MCIm says would be in the Pricing Appendix at Recurring Price List lines 362-367 and Non-Recurring Price List lines 253-255).

MCIm asks that the absence of rates in the conformed ICA on these issues not be approved, but that the rates in D.06-01-043 on these issues be inserted here. MCIm notes, however, that interconnection rates for entrance facilities and SS7 are subject to a pending application for rehearing of D.06-01-043. MCIm "emphasizes that it seeks only the ultimate results of AT&T's TRO/TRRO arbitration [A.05-07-024] on those issues, whatever they may be..." (June 14, 2006 Statement, page 9.) MCIm asserts that to find otherwise (allowing SBC-CA to treat MCIm differently that other CLECs) would be contrary to the non-discrimination objectives of the Act and the Commission.

We adopt MCIm's recommendation. We affirm the Arbitrator's ruling that SBC-CA and MCIm are bound by the outcomes in A.05-07-024 with regard to issues that were specifically transferred, and are bound by the outcomes in this arbitration for issues addressed in this proceeding (including all agreed-to language that remained here and issues that were not transferred.) (June 2, 2006 Arbitrator's Ruling, page 13.) Price Schedule Issues 15 and 22 were transferred to A.05-07-024 by mutual agreement of the parties. The outcome in D.06-01-043 controls on those two issues.

SBC-CA argued in its May 17, 2006 motion that Price Schedule Issues 15 and 22 were merely an immediate consequence of Issue NIM 13, which was decided here in favor of SBC-CA. As a result, Price Schedule Issues 15 and 22 must conform to the outcome here, not the ones reached in A.05-07-024, according to SBC-CA. To the contrary, these two issues were clearly transferred to A.05-07-024. The outcome in A.05-07-024 controls on these issues. SBC-CA and MCIm both agree that inconsistencies in outcomes, if any, between Price Schedule Issues 15 and 22 and NIM 13 are now part of the application for rehearing of D.06-01-043. In its statement on the conformed ICA, MCIm recognizes this, and "emphasizes that it seeks only the ultimate results of the AT&T's TRO/TRRO arbitration on these issues." (June 14, 2006 Statement, page 9.) We agree. We will harmonize the outcomes, to the extent reasonable and necessary, when we consider the applications for rehearing of D.06-01-043.