Procedural Issues

By bringing its Motion before the Commission only 10 days before the expiration of the extension period of the interconnection agreement, Verizon has made it impossible for the issuance of an order by the full Commission prior to the expiration date. Under Public Utilities Code Section 311(g), the Commission decision on this motion is to be served on parties, subject to a 30-day public review and comment period, prior to a Commission vote. The review period may be shortened or waived either by a stipulation of all parties to the proceeding, or in the event of an "unforeseen emergency situation" as defined by Rule 81 of the Commission's Rules of Practice and Procedure. Verizon has not offered any argument that its motion constitutes such an "unforeseen emergency situation" or that all parties stipulate to a waiver of the 30 days under Commission Rules.

Moreover, there is no Commission meeting scheduled prior to the expiration of the contract on April 13 at which a proposed order could be considered (assuming there were time to prepare one). Verizon offers no solution as to how an order from the full Commission could be forthcoming prior to expiration of the contract.

Accordingly, to provide interim guidance to the parties until an order from the full Commission can be forthcoming, the following procedure shall apply. In my capacity as the assigned commissioner for this proceeding, I hereby issue the instant ruling pursuant to my authority under Public Utilities Section 310.⁷ The substance of this ruling shall be placed as an agenda item for consideration before the full Commission at the earliest practical time.

This ruling is issued out of necessity in order to avoid unintended termination of interconnection between Verizon and Pac-West due to lack of a binding interconnection agreement. I find that neither Verizon nor Pac-West have provided legitimate reasons why this matter could not have been brought before the Commission earlier, so as to achieve a resolution of the dispute by the full Commission before expiration of the interconnection agreement. Both parties should have acted more responsibly to bring this dispute before the Commission sooner. It is expected that in the future, these sorts of disputes will be brought before the Commission on a timely basis so as to avoid a repetition of this sort of incident.

IT IS RULED that:

1. The currently effective interconnection agreement between Verizon and Pac-West shall remain in effect until a final agreement is either negotiated or arbitrated.

2. Verizon and Pac-West should each be required to maintain adequate accounting and other records necessary in order to be able to specify in detail all amounts billed to, and payments received from, each of the parties for services rendered from the expiration under the existing agreement through the effective date of the successor agreement.

3. The Commission retains the right to adjust the amounts due and payable for services during the "gap" period subject to the ultimate determinations made concerning the terms of the successor agreement.

4. The untimeliness of Verizon's filing of its motion precludes action by the full Commission prior to the expiration date of the existing agreement, due to occur on April 13, 2002.

5. Pending subsequent action on the motion by the full Commission, this ruling prescribes the interim action to be taken by the parties effective immediately pursuant to Public Utilities Code Section 310.

Dated April 12, 2002, at San Francisco, California.

		/s/ MICHAEL R. PEEVEY
		Michael R. Peevey Assigned Commissioner

CERTIFICATE OF SERVICE

I certify that I have by mail, and by electronic mail, to the parties to which an electronic mail address has been provided, this day served a true copy of the original attached Assigned Commissioner's Ruling Regarding the Motion of Verizon for Interim Interconnection Agreement on all parties of record in this proceeding or their attorneys of record.

Dated April 12, 2002, at San Francisco, California.

/s/ TERESITA C. GALLARDO

Teresita C. Gallardo

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.

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If specialized accommodations for the disabled are needed, e.g., sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074, TTY 1-866-836-7825 or (415) 703-5282 at least three working days in advance of the event.

⁷ As prescribed by Public Utilities Code Section 310: "Any investigation, inquiry, or hearing which the commission may undertake or hold may be undertaken or held by or before any commissioner or commissioners designated for the purpose by the commission.... Every finding, opinion, and order made by the commissioner or commissioners so designated, pursuant to the investigation, inquiry, or hearing, when approved or confirmed by the commission and ordered filed in its office, is the finding, opinion, and order of the commission. "