7. Assignment of Proceeding

John A. Bohn is the Assigned Commissioner, and Burton W. Mattson is the assigned Administrative Law Judge and Arbitrator in this proceeding.

Findings of Fact

1. No party or member of the public alleges that any negotiated portion of the Amendment to the ICA is not in compliance with Section 252(e)(2)(A) of the Act.

2. No negotiated portion of the Amendment to the ICA results in discrimination against a telecommunications carrier not a party to the Agreement, or is inconsistent with the public interest, convenience and necessity.

3. Amended language for UNE Appendix § 1.1.2 will further clarify the finding in the FAR that it is not credible that applicable law as it specifically relates to UNEs can be interpreted as broadly as SBC-CA claims, but rather that UNE is a specific term in TA 96 as well as implementing decisions and regulations.

4. Price Schedule Issues 15 and 22 were transferred to A.05-07-024 by mutual agreement of the parties.

5. The arbitrated agreement, as clarified and amended herein, does not discriminate against a telecommunications carrier not a party to the agreement; is consistent with the public interest, convenience and necessity; satisfies tests for approval under TA 96; and meets other Commission rules, regulations, and orders, including service quality standards.

6. 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).)

7. A draft decision must be subjected to 30 days' public review and comment prior to the Commission's vote; however, Rule 77.7(f)(5) provides that the Commission may reduce or waive the period for public review and comment under Pub. Util. Code § 311(g)(1) for a decision under the state arbitration provisions of the Act.

8. This is a proceeding under the state arbitration provisions of the Act.

Conclusions of Law

1. Nothing about the result of this arbitration is inconsistent with governing federal or state law.

2. No arbitrated portion of the amended conformed ICA 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.

3. The conformed ICA between SBC-CA and MCIm should be amended as ordered herein to (a) clarify UNE Appendix § 1.1.2, and (b) apply the rates for Price Schedule Issues 15 and 22 as determined in D.06-01-043.

4. The arbitrated conformed ICA between SBC-CA and MCIm, as further amended by this order, should be approved.

5. This order should be effective today because it is in the public interest to implement national telecommunications policy as accomplished through the ICA, and to make this ICA effective as soon as possible.

ORDER

IT IS ORDERED that:

1. The conformed Interconnection Agreement (ICA) between Pacific Bell Telephone Company d/b/a AT&T California (AT&T-CA) and MCImetro Access Transmission Services LLC, d/b/a Verizon Access Transmission Services (Verizon Business) filed on June 14, 2006 shall be amended as follows:

a. The language adopted in the Final Arbitrator's Report (FAR) for UNE Appendix § 1.1.2 shall be replaced with the following:

"UNEs required by this Agreement shall be limited to those required by the Telecommunications Act and such implementing decisions and regulations as at the time may be in effect."

b. The rates shall be changed to conform to the outcome reached in Decision 06-01-043 on Price Schedule Issues 15 and 22 (which were transferred from this proceeding to Application 05-07-024). The specific rates are on the following lines: (a) Pricing Appendix at Recurring Price List lines 302-309 and Non-Recurring Price List lines 62-94 (i.e., Price Schedule Issue 15), and (b) Pricing Appendix at Recurring Price List lines 362-367 and Non-Recurring Price List lines 253-255 (i.e., Price Schedule Issue 22).

2. Pursuant to the Telecommunications Act of 1996, and Commission Resolution ALJ-181, the conformed ICA, as amended in Ordering Paragraph 1, is approved.

3. AT&T-CA and Verizon Business shall each sign the approved conformed ICA, as amended above, and shall jointly file the signed ICA within 5 days of the date this order is mailed. The signed ICA will be effective on the date filed with the Commission.

4. Application 05-05-027 is closed.

This order is effective today.

Dated August 24, 2006, at San Francisco, California.

D0608029 Attachment A

Previous PageTop Of PageGo To First Page